JF 515 msfe Bushing's Manua ^, GIFT OF A. F. ••''orriscn t,^.*/"..;^ •.',, V I .".I -iW <•*'* . • ,1 ^» « ' > ■ .«■. , ♦J ••I . - ^ V'm rt'^y • t 'k^ ■\^' 6o ^^■^rr MANUAL OF PARLIAMENTARI PKACTICE. RULES OF PROCEEDING AND DEBATE IN DELIBERATIVE ASSEMBLIES. BY LUTHER S. CUSHiM. t -, .., f \ WITH ADDITIONAL NOTES BY THE PUBLISHER, INCLUDING THE CONSTITUTION OF THE UNITED STATES AND THE DECLARATION OF INDEPENDENCE. NEH^ EDITION. Philadelphia : PORTER & COATES. GIFT OP C<»:)y:i'i{t'»t, I'^ss, by WilUam L. Allboa. PUBLISHER'S ADYERTISEIVIENT. This new edition of Cusldng^s Parliamentary Manual has been put in type from a copy of the original edition, (now out of copyright), and is iden- tical in matter with the present Boston edition, ex- cepting three or four pages of comments by the author's brother, which do not modify the text, nor present any new rule of proceeding or debate. The Manual was so thorough and complete, as it came from the hands of its author, that any attempt to revise it in conformity with arbitrary statutes, or rules made for a particular purpose, but having no universal application to parliamentary law, would be not only presumptuous, but lead to confusion. The additional notes, however, which are enclosed in brackets, will be found useful, and will make this edition more valuable than any other. Several topics and new forms not treated by Mr. Gushing have 't»een introduced. ivil02500 GUSHING S PARLIAMENTARY MANUAL. NOTES TO THE FIFTH EDITION Closure (Fr. doture). — This is a "vote of urgency" to close a debate. It is to all intents and purposes the " previous question " of American parliamentary law. The motion is that " the question be now put," and it can be carried by a majority of 100, with the approval of the Speaker. (222.) The Speaker may decide that the question has not been sufficiently debated, and refuse to apply the closure, at his pleasure. Under the second rule of procedure in the Commons, adopted under Mr. Gladstone's direction, only the Speaker could demand the closure. This has been amended so as to transfer the power from the Speaker to any member of the house. — The Speaker is allowed to propose, at his dis- cretion, the previous question rule, that "the question shall be put," but the division cannot be taken without the consent of 200 members, or with the opposition of 40 members, when more than 100 favor iL These numerical limitations paralyze the operation of the "previous question," which is feldom called for in the Commons. Obstruction is almost as easy under the amended as it was under the old rules, and debates are as interminable as ever. This is likewise the case in our own House of Representatives. Debates over childish points of order were never more prolonged than during the last session (1888-89) of the Fiftieth Con- gress. Motions for the previous question, to call the roll, to take the yeas and nays, and to adjourn, etc., almost superseded all other business during the first month of the session. Never was a more ridiculous spectacle presented of the puerile spirit of the House, and of the impotenceof respectable parliamentarians to check filibustering. Thus, on January 11th, a whole session was consumed over Clause 5 of Rule XVI., in an attempt to check business by a motion for adjourn- ment The rule is as follows : — cushing's parliamentary manual. " A motion to fix the day to which the House shall adjourn, a motioh to adjourn, and to take a recess, shall always be in order, and the hour at which the House adjourns shall be entered on the journal." Gen, Weaver : "Always in order" is the language of the rule. The Speaker : But the House, in the judgment of the Chair, can transact no business until its journal has been read. It has been held again and again that an order of the House fixing the day to which the House shall adjouni, or to take a re- cess, is the transaction of busiaess, and requires the presence of a quorum. Gen. Weaver : Let the journal be read. When the laughter had subsided, the Clerk began to read the journal. He had hardly begun before the General made the point of order that it must be read in extenso, including the yeas and nays. The Clerk has been in the habit of omit- ting them. The Speaker decided that he must read the yeas and nays. The Clerk picked up the Coitgressionat Record for the purpose of reading them, when Gen Weaver made the point that he must read them from the journal and not from the Record. At this the Clerk began to read them from the tally sheet. The General promptly fired off another point of order. It was that they must oe read from the journal and not from the tally sheet Mr. Randall suggested that the tally sheet was a part of the journal, and the Speaker so de- cided. When the Clerk finished. Gen. Weaver moved that when the House adjourn it be until Monday. Similar difficulties are eacountered in the British Parliament, and the rules have been amended so as to curtail the privilege of moving the adjournment. The Speaker's consent must be obtained lo the motion, after a written application has been hr.nded in. As in the ease of closure, this is obviously too large a discretionary power to be lodged in ihe Chair. The great restorative change that is required is one that will multiply means of action, through the medium of standing committees. This is the most efifective way of transacting business in our own Congress. The vital difference between the bulwarks for the protection of minorities in the British House of Commons and in the American Congress is the longevity of the former body. It is elected for seven years, and an appeal to the voters against the tyranny of majorities, may be postponed for that period. Our House is elected for two years only, and f he rights 6 cushing's parliamentary manual. of minorities are buttressed by wall after wall of guar- antees in the Senate, the Execntive, the Constitution, both Federal and State, and the Supreme Court. (See Seekiona 174, 220, 221, 222, of this Manual.) Power of the House over thb Journal. — Several correspondents have inquired : '' When the proceedings of the previous meeting are under consideration for adoption, is it legal to alter any of the proceedings of that meeting ?" If it is claimed by a member that there is an error in the minutes, and ho moves an amend- ment, and the motion is seconded, the Chair shall put the motion to the assembly. If the motion is sustained, the Secretary must alter tiie minutes, read ihtm to the assembly and have them approved. After approval, no BucceediRg assembly can legally or fairly alter them. As Daniel Webster maintained, in his remarks in the Senate of the United States, .laiiuary 16, 1J?37, on the Expunging Resolution : " Senators from other States have no power or authority to expunge any vote or votes which we have given here, and which we have recorded agreeably to the express provision of the Con- stitution, that ' Each house shall keep a journal of its proceedings.' If ihe Senate may expunge one part of the journal of a former session, it may expunge the whole of the record of one session or all sessions." The same rule applies to the journal of every delibera- tive body. (See Sections 26. 33, 56. 78, 92, 94, 111, 113. 161, 264, 256. 257, tor analagous proceedings). But the privilege of correcting the journal is often exercised by deliberative bodies. Thus, in the House of Rep- resentatives. December 11th, 1>*88, Mr. Hatch, of Missouri, asked unanimoics cortsent for the consideration of a motion for the correction of the journal, which failed to give the title and number of his bill for the creation of the Department of Agriculture, though the number and title appeared in the notes from which the journal was compiled. The House then voted to make the correction. TABLE OF CONTENTS. INTRODUCTION I to is CHAPTER I. — Of certain Preliminarv Matters,.. i6 to 25 Sect. I. Quorum 171019 Sect. II. Rules and Orders, 20 to 22 Sect. III. Time of Meeting, 23 Sect. IV. Principle of Decision, 24,25 CHAPTER II,— Of the Officers, 26 to 35 Sect. I. The Presiding Officer 271030 Sect. II. The Recording Officer, 31 to 3; CHAPTER III.— Of the Rights and Duties of Members, 36 to 41 CHAPTER IV. — Of the Introduction of Business,.. 43 to 58 CHAPTER v.— Of Motions in General 59 to 01 CHAPTER VI.— Of Motions to Suppress, 62 1067 Sect. I, Previous Question, 631066 Sect. II. Indefinite Postponement, •• 67 CHAPTER VII.— Of Motions to Postpone, 681072 CHAPTER VIII.— Of Motions to Commit, 7310 77 CHAPTER IX.— Of Motions to Amend 7810133 Sect. I, Division of a Question, 79 to 83 Sect. II. Filling Blanks, 8410 Sj Sect. HI. Addition — Separation — Transposition, 88 to 91 Sect. IV. Modification, &c. by the Mover, 92,93 Sect. V General Rules relating to Amendments, 94 to toj Sect. VI. Amendments, by striking out 10310112 Sect, VII. Amendments, by inserting, 113 to iji Sect. VIII, Amendments, by striking out and in- serting, 122 to 127 Sect IX. Amendments, changing the nature of • question, ia8 t« »3 j 12 TABLE OF CONTENTS. CHAPTER X.— Of the Order and Succession of Business, «34 tc i^7 Sect. I. Privileged Questions, 136 to 149 A djcnirnntent, '37 to 140 Questions of PrhnUge 141 Orders o/the Day,.. 142 to 149 Sbct. II. Incidental Questions, 15010165 Questions 0/ Ordtr 151 to 154 Keiuiiftg 0/ Pa/>, 165 Ssr^. III. Subsidiary Questions, .- 166 to 187 LU on Ou TabU, - 171 to 173 Pm'ious Questio't, 1 74 to 175 rost/>o>umfnt, 1 76 to 1 80 Commitment, 18 1 to 193 Amendment 184 to 1S7 CHAPTER XI —Of the Order ov Prochbding,.-..«88 to 200 CHAPTER XII.— Of Order in Debate, 201 to 23* Sect. I. As to the Manner of Speaking 20310208 Sect. II- A^ to the Matter in Speaking 209 to 214 Sect. III. As to Times ol SiH-aking 215 to 219 Sect. IV. As to Stoppinu Debate 220 to 22* Sbct. V. As to Decorum in Debate 223 to 226 Sbct. VI. As to Disorderly Words 227 to 232 CHAPTER XIII.— Or the Question, 233 10249 CHAPTER XIV.— Op Reconsideration 250 to 257 CHAPTER XV.— Of Committees, 25810311 Sect. I. Their Nature and Functions, 25810262/ Sect. II. Thtir Appointment, 26310272' Sect. III. Their Organiiation, &c 273 to 2S5 • Sect. IV. Their Report, 28610296* Sect. V. Committee of the Whole, 297 to 3 . 1 CONCLUDING REMARKS J«» t03>& CONSTITUTION OF THE UNITED STATES 193 DECLARATION OF INDEPENDENCE 220 > , I I PARLIAMENTARY PRACTICE. INTRODUCTION. 1. The purposes, whatever they may be, for which a deliberative assembly of any kind is constituted, can only be effected by ascer- taining the sense or will of the assembly, in reference to the several subjects submitted to it, and by embodying that sense or will in an intelligible, authentic, and authoritative form. To do this, it is necessary, in the first place, that the assembly should be promptly consti- tuted and organized ; and, secondly, that it should conduct its proceedings according to certain rules, and agreeably to certain forms, which experience has shown to be the best adapted to the purpose. 2. Some deliberative assemblies, especially those which consist of permanently established bodies, such as municipal and other corpora- tions, are usually constituted and organized, at least, in part, in virtue of certain legal pro- 14 PAKI.lVMKVr VRV PRACTICE. * I ( t . visions ; nliile others, of an occasional or tf»D!jJoiar\ character, 'Siich as conventions and political meetings, constitute and organize themselves on their assembling together for the purjK)ses of their appointment. 3. The most usual anlace, and at the time ap- pointed for their meeting, one of them ad- dressing liimself to the others, re«piests them to come to order; the members thereupon seating themselves, and giving their attention to him, he suggests the projiriety and necessity of their being organized, before proceeding to l)usiness, and re(juests the members to nomi- nate some ]>erson t<> act as chairman of the meeting; a name or names being thereuj)on mentioiwd, he declares that such a ])erson (whose name was first heard by him) is nominated for chairman, and puts a (piestion that the person so named be requested to take the chair If this (piestion should be decided in the ncirative, another nomination is then to be called for, and a fpiestion put upon the name mentioned (being that of some other person) as before, and so on until a choice is effected. ORGANIZATION. 15 When a chairman is elected, he takes the chair, and proceeds in the same manner to complete the organization of the assembly, by the choice of a secretary and such other officers, if any, as may be deemed necessary. 4. An organization, thus effected, may be, and frequently is, sufficient for all the purposes of the meeting ; but if, for any reason, it is desired to have a greater number of officers, or to have them selected with more delibera- tion, it is the practice to organize temporarily, in the manner above mentioned, and then to refer the subject of a permanent organization, and the selection of persons to be nominated for the several offices, to a committee ; upon whose report, the meeting proceeds to organize itself, conformably thereto, or in such other manner as it thinks proper. [The presiding officer is called the "speaker" in Congress, and in the lower branches of all our State legislatures, as well as in a few State Senates. In the majority of State Senates as well as in the U. S. Senate, he is deno- minated the President. In both Houses of the English Parliament he is called Speaker ; the Lord Chancellor is Speaker of the House ef Lords i the Commons elect their owd 16 PARLIAMENTARY PRACTICE. Speaker, whose election, on the following day, must be approved by the Lord Chancellor, (representing the crown) in the House of Lords. The presiding officer is figuratively denominated the chair in deliberative as- semblies. The chairman of a town meeting, and of religious bodies, is freipiently called the Moderator — K n . ] 5. The presiding officer is usually denomi- nated the^^r^.'^jW^^jY, and the recording officer, the secretary; though, sometimes, these officers are designated, res]>ectively, as the cJiairman and clerk. It is not unusual, besides a presi- dent, to have one or more vice-presidents ; who take the chair, occasionally, in the absence of the president from the assembly, or when he withdraws from the chair to take part in the proceedings as a member ; but who, at other times, though occupying seats with the presi- dent, act merely as members. It is frequently the case, also, that several ])ersons are a|)- pointed secretaries, in which case, the first named is considered as the principal officer. All the officers are, ordinarily, members of the assembly* ; and, as such, entitled to participate * In legislative bodies, tlie clerk is seldom or never a member; and. in some, tlie presiding officer is not a mem- ber ; as, for example, in the Senate of the United States, the Senate of New York, and in some other State senates. « ORGANIZATION. 17 in the proceedings ; except that the presiding officer does not usually engage in the debate, and votes only when the assembly is equally divided. [The Yice-Presiaent of the United States is, by Constitutional provision, President of the Senate of U.S. In the event of his death, absence, or of the office of President of the United States devolving upon him, the Senate may elect a President pro tempore. In the British House of Commons, the Clerk is ap- pointed by the Crown. The Speaker elected by the House at the instance of, and to be aj?- proved by the Crown, {vide note^ Par. 4), does not take part in a debate, offer his opinion, or vote except in -case of equality, when he has a casting vote. The Lord Chancellor, by virtue of his office, is Speaker of the Lords, and in his absence, the Chairman of the Com- mittee of Ways and Means takes the Chair (as be does also in the Commons, in the Speaker's absence). The Speaker is not, as in the Lower House, charged with the maintenance of order, or the decision of who is to be heard, which rests with the House itself. He can take part in a debate ; he votes on divisions, but has no casting vote, and on an equality, the " NoU' contents," or Nays, prevail. — Ed.] 18 PARLIAMEXTARY PRACTICE. 6. In all deliberative assemblies, the mem- bers of which are chosen or appointed to rep- resent others, it is necessary, before proceed- ing to business, to ascertain who are duly elected and returned as members ; in order not onlv that no person maybe admitted to parti- cipate in the proceedings who is not regularly authorized to do so, but also that a list of the members may be made for the use of the assembly and its officers. « 7. The proper time for this investigation is after the temporary and bcfc^rc the perma- nent organization ; or, when the asseml)ly is permanently organized, in the first histance, before it ])r()ceeds to the transaction of any other business; and the most convenient mode of conducting it is by the apjwintment of a connnittee, to receive and report upon the cre- dentials of the members. The same commit- tee may also be charged with the investiga- tion of rival claims, where any such are pre- sented. 8. When a ipiestion arises, involving the right of a member to his seat, such member is entitled to be heard on the question, and he is then to withdraw from the assembly until it is decided ; but if, by the. indulgence of the as- RULES OF PROCEEDING. 19 sembly, he remains in his place, during the discussion, he ought neither to take any fur- ther part in it, nor to vote when the question is proposed ; it being a fundamental rule of all deliberative assemblies, that those members, whose rights as such are not yet set aside, constitute a judicial tribunal to decide upon the cases of those whose rights of membership are called in question.* Care should always be taken, therefore, in the selection of the officers, and in the appointment of commit- tees, to name only those persons whose rights as members are not objected to. [* " Each house shall be judge of the elections, returns and qualifications of its own members." — Sec. 5, (1) Constitution of the United States.] 9. The place where an assembly is held being \n its possession, and rightfully appro- priated to its use, no j^erson is entitled to be present therein, but by the consent of the assembly ; and, consequently, if any person refuse to withdraw, when ordered to do so, or conduct himself in a disorderly or improper manner, the assembly may unquestionably employ sufficient force to remove such person from the meeting. [VideJ^m\ 316.] 10. Every deliberative assembly, by the 20 PARLIAMENTARY rRACTICE. mere fact of its being assembled and consti- tuted, does thereby necessarily adopt and be- come subject to those rules and forms of pro- ceeding, without which it would be impossi- ble for it to accomplish the purposes of its creation.* It is perfectly comj)etent, however, for every such body — and where the business is of considerable interest and importance, or likely to require some time for its accomplish- ment, it is not unusual — to adopt also certain special rules for the regulation of its proceed- ings. Where this is the case, these latter supersede the ordinary parliamentary rules, in reference to all points to which they relate ; or add to them in those particulars in refer- ence to which there is no ])arliamentary rule ; leaving what may be called the common par- liamentarv law in full force in all other re- spects. [*ln England, one Parliament can bind its successors by " Standing Orders," or regula- lations, adopted at different periods, relating to internal order, introduction of bills and promulgation of statutes. A standing order endures until repealed, (or " vacated," as it is called in the Upper House); but each House is also in tte practice of agreeing to certain RULES OF PEOCEEDIXG. 21 orders or resolutions of uncertain duration declaratory of its practice, which are consider- ed less formally binding than standing orders. In the United States, on the contrary, each deliberative body adopts its own rules, and these, excej3t iis precedents^ (which necessarily exercise a great moral force), are not binding on its successors, or on any other assembly. But all recognise the binding force of general parliamentary law, without which every numer- ous assembly would become a mob, — no sys- tematic business could be transacted and no- useful legislation would be possible. — Ed.] 11. The rules of parliamentary proceed- ings in this country are derived from, and es- sentially the same with, those of the British parliament ; though, in order to adapt these rules to the circumstances and wants of our legislative assemblies, they have, in some few respects, been changed, — in others, differently applied, — and in others, again, extended be- yond their original intention. To these rules, each legislative assembly is accustomed to add a cede of its own, by which, in conjunction with the former, its proceedings are regulated. The rules, thus adopted by the several legis- lative assemblies, having be^n renewed in sue- 22 PARLIAMENTARY PRACTICE. cessive legislatures, — with such extensions, modifications and additions as liave been from time to time, thought necessary, — the result is, that a system of j)arliamontary rules has been established in each state, different in some }>articulars from those of every otlier state, but vet founded in and embracinfr all tlie essential rules of the common )>arliame'Uary law. 12. The rules of ]iroceeding, in each state, beim; of course best known bv the citizens of that state, it has sometimes haj>pened in de- liberative assend>lies, tliat the proceedings have l>een conducted not merelv accordin<4 to the general parliamentary law, but also in con- formity with the i)eculiar system of the state in which the assembly was sitting, or of whose citizens it was composed. This, however, is erroneous; as no occasional assembly can ever be subject to any other rules, than those which are of general application, or which it speci ally adopts for its own government ; and the rules adopted and j>ractised upon by a legisla- tive assembly do not thereby acquire the character of general laws. [Par. 10, note.] 13. The judgment, opinion, sense, or will of a deliberative assembly is expressed, accord RULES OF PROCEEDING. 23 ing to the nature of the subject, either by a resolution, order, or vote. When it com- mands, it is by an order ; but facts, principles, its own opinions, or purposes, are most proper- ly expressed in the form of a resolution ; the term vote may be applied to the result of every question decided by the assembly. In whatever form, however, a question is propos- ed, or by whatever name it may be called, the mode of proceeding is the same. 14. The judgment or will of any number of persons, considered as an aggregate body, is that which is evidenced by the consent or agreement of the greater number of them; and the only mode by which this can be as- certained, in reference to any particular sub- ject, is for some one of them to begin by sub- mitting to the others a proposition, expressed in such a form of words, that, if assented to by the requisite number, it will purport to ex- press the judgment or will of the assembly. This proposition will then form a basis for the further proceedings of the assembly ; to be as- sented to, rejected, or modified, according as it expresses or not, or maybe made to express the sense of a majority of the members. The different j^roceedings which ^ake place, from 24 PARLIAMENTARY PRACTICE. the first sul)mission of a proposition, tliroagb all tlie changes it may undergo, until the final decision of the assenil>ly upon it, constitute the subject of tlie rules of debate and ]u-oceed- ing in deliberative assemblies. 15. If the }»roceedings of a deliberative as- sembly were confined to the making of ])ropo- sitions by the indiviresiding officer ought not to take the chair until the proper number is ascertained to be })resei;t ; and if, at any time, in the course of the j)roceedings, notice is taken that a quorum is not })reseut, and, uj)on the mem- bers being counted by the })residing officer, sucli ai>pears to be tlie fact, the assembly must be immediately adjourned. [See Yeas and Nays, Par. 26.]' Sect. II. lii less anu Orders. 20. Every deliberative assembly, as has already been observed, is, bv the fact alone of its existence, subject to those rules of pro- ceeding, without which it could not accom- plish the })urp08es of its creation. It may also provide rules for itself, either in the form of a general code established beforehand, or by the adoption, from time to time, during its sitting, of such special rules as it may find necessary. 21. When a code of rules is adopted before- hand, it is usual also to provide therein as to the mode in which they may be amended, re- TIME OF MEETING. 29" pealed, or dispensed with. Where there is no such provision, it will be competent for the assembly to act at any time, and in the usual manner, upon questions of amendment or repeal ; but in reference to dispensing with a rule, or suspending it, in a particular case^ if there is no express provision on the subject, it seems that it can only be done by general consent. [A motion to suspend the rules is not debatable.] — Ed. 22. When any of the rules, adopter! by the assembly, or in force, relative to its manner of proceeding, is disregarded or infringed, every member has the right to take notice thereof and to require that the presiding officer, or any other whose duty it is, shall carry such rule into execution ; and, in that case, the rule must be enforced, at once, without de- bate or delay. It is then too late to alter, re-, peal, or suspend the rule ; so long as any one member insists upon its execution, it must be enforced. Sect. III. Time op Meeting. 28. Every assembly, which is not likely to finish its business at one sitting, will find it convenient to come to some order or resolu- 30 PARLIAMENTARY PRACTICE. tion beforehand, as to the time of reasseic bling, after an adjournment ; '♦ being gener- ally embarrassing to fix upon the lioiir for this jiurpose, at the time when the sitting is abont to close, and m connection with the motion to adjourn. Sect. IV. riiixciPLE of Decision. 24. The princij)le, upon which the deci- sions of all affcrrei'ate bodies, such as councils, corporations, and deliberative assemblies, are made, is that of the majority of votes or suffrages ; and this rule liolds not only in reference to questions and subjects, which admit only of an afhrniative on one side, and a negative on tlie otlur, but also in reference to eleciions in which more than two persons may receive the suffrages. 25. But this rule may be controlled by a special lule in reference to some particular subject or question; by which any less num- ber tlian a majority may be admitted, or any greater number required to express the will of the assembly. Thus, it is frequently pro- vided, in legislative assemblies, that one-third or one-fourth only of the members shall be sufficient to require the taking of a question PRINCIPLE OF DECISIOX. 31 by yeas and nays,* and, on the other hand, that no alteration shall take place in any of the rules and orders, without the consent of at least two-thirds, or even a larger number. [* The " Yeas and Nays " is a mode of ex- posing to their constituents the votes of mem- bers of representative bodies which is peculiar to the United States ; it is not practised in the English parliament and other transatlantic lescislatures ; and here its use is confined almost exclusively to such bodies. One of the standing rules of the Senate is as follows, viz. : " When the yeas and nays shall be called for by oue-fifth of the Senators present, each Senator called upon shall, unless for special reasons he be excused by the Senate, declare openly and without debate his assent or dissent to the question. In taking the yeas and nays, and upon a call of the Senate, the names of the Senators shall be called alphabetically." But there is no rule or precedent to guide the Senate as to what thev mav do if a Senator refuses to vote. Sup. pose he is called again and again, and still contumaciously stands out and refuses to vote, and is able to defeat a quo- rum by that course, what is the Senate to do, or what can it do? There is no time to pass a law or make a new rule— no power to expel or punish the refractory member Thus it is sometimes impracticable to se» cure a quorum by an attempt to enforce this rule, as appears in the proceedings of the sen- ate February 23, 1871 : — At 10 P. M., Mr. Conkling, late as it was, moved that the Senate proceed to the consideration of House Bill No, 2.634, which was a bill to amend the act passed May 3]» 32 I'ARLIAMKNl AUY rUACTlCE. 1870. entitled "An act to enfone the righto of ritizens />f the Unitofl SuUo.'* to vote In the several Staten of thin T'nion aiifl for (»llier jiurj >««*(•!♦," known iireneijilly an the ** Force bill." This motion wai* rej*i>t«*«l vigorously by the Democrat* present, of whom, out of a total of eleven in tlic IkmIv. only four were then in their seat,**, viz. : MeK^rs Bavani, (';.-serly. .lohnston. an«l Tlmrni.'in. "fhere were not Repuhiirans eni>n);h in the cliamber to mnstitnt*' a quorum, an«l wlien the \ote on taking up tlie hill was Uik<-n, ♦lie four Democrat}* Mt in their heatj*, and. witha\iew U) defi-at the ronsidenition of the hill. refr»iiie; ollher (Mr. Carj^ejiter) !*tat«d that there was not a quorum volius— the numl>er f.'iilin;: short h\ two. The veiu« and nay» were rall^xl for and ordered, and tlie roll rarteu .^v'uatonj preM-nt the obligation of voting, and n that connection I call attention to the fact that the lion- orahle Sfuatiir from(»hio(Mr T' ' ui\ the honorable Senator from falifoniia (Mr ( • , the lu>norable Sen.ntor front Delaware (Mr. Bayard i. and the hononihle Senator from Virpiuia (Mr .lohnfton . all being now in their M'atM, according to niy liearing «'f the roll call, have not v«>t«osed and directed him to call only tlie four to whoiii :itt»iition had been called. M»-- Cas.«»€rly said that as Mr. Bayard's request to be ex- cused had beeu demed be wuuid uul a^k it OF THE OFFICERS. 33 The Presiding Officer— Does the Senator from California Yote on this question either way? Mr. Casserly made no reply. Mr. Johnston said that as it was decided that a Sen- ator being in his place should vote when called he would ■do so, and th«n went on to say : "At the same time " when the Cliair interposed and said debate was not in or- der. Then Mr. Johnston voted " Nay." The clerk then called the name of Mr. Thurman, and there was no response, though he was in his seat. There still being no quorum voting, a motion was made that the sergeant-at-arms bring in the absentees. But several Republican Senators came in just tlien and made a quorum, and carried the motion to take up the bill. But whether a Senator can be made to vote, if he persistently refuses, and how to make him, are still unsolved problems. CHAPTER II. OF THE OFFICERS. 26. The usual and necessary officers of a deliberative assembly are those already men- tioned, namely, a presiding, and a recording, officer ; both of whom are elected or appointed by the assembly itself, and removable at its pleasure. These officers are always to be elected by absolute majorities, eve7i iVi those states in which elections are usually effected by a plurality,^ for the reason, that, being re- movable at the pleasure of the assembly, if any number short of a majority were to elect, p. M. — 2 34 PARl.IAMEXTAKY PRACTICE. a person elected by any sucli less number woulersons on the election ; anlurality does not Work well, n«>r jTomote harmony in the assembly adoj>ting it, in conformity with a sj>ecial law, or by its own vote. In a factious assembly, dominated by party spirit, it is sometimes a tedious work to secure a majority for the election of Speaker, and its organization is thereby seriously delayed. But a candidate sufficiently popular to secure a majority of the votes, and to retain the respect of mem- bers, should, if possiVjle, be nominated and elected irrespective of partisan considerations, as president of every deliberative body. — Ed.^ THE PRESIDING OFFICER. 35 Sect. I The Presiding Officer. 27. The principal duties of this officer are the following ; — To open the sitting, at the time to which the assembly is adjourned, by taking the chair and calling the members to order ; To announce the business before the as- sembly in the order in which it is to be acted upon ; To receive and submit, in the proper man- ner, all motions and propositions presented by the members ; To put to vote all questions, which are regularly moved, or necessarily arise in the course of the proceedings, and to announce the result ; To restrain the members, when engaged in debate, within the rules of order ; To enforce on all occasions the observance of order and decorum among the members ; To receive all messages and other com- munications and announce them to the as- sembly ; To authenticate, by his dgnature, when necessary, all the acts, orders, and proceedings of the assembly ; To inform the assembly, when necessary, or 36 PARLIAMENTAllY PRACTICE. when referred to for the jmrpose, in a poir.t of order or practice ; To name the members (when directed to do so in a particular case, or when it is made a part of his general duty by a rule,) who are to serve on committees ; and, in general. To represent and stand for the assembly, declaring its will, and, in all things, obeying implicitly its commands. 28. If the assembly is organized by the choice of a president, and vice-presidents, it is the duty of one of the latter to take theciiair, in case of the absence of the ])resident from the assembly, or of liis withdrawinjjr from the chair for the jmrpose of participating in the proceedings. 29. Where but one j)residing officer is ap- pointed, in the first instance, his place can only be supplied, in case of his absence, by the appointment of a }>resident or chairman pro te?f)pore; and, in the choice of this officer, who ought to be elected before any other business is done, it is the duty of the secre- tary to conduct the proceedings. 30. The presiding officer may read sitting, but should rise to state a motion, or put a question to the assembly. SECRETARY OR CLERII. 37 Sect. II. The Recording Officer. 31. The principal duties of this officer con* sist ill taking notes of all the proceedings, and in making true entries in his journal of all " the things done and past " in the assembly ; but he is not, in general, required to take minutes of '' particular men's speeches," or to make entries of things merely proposed or moved, without coming to a vote. He is to enter what is done and past, but not what is said or moved. This is the rule in legislative assemblies. In others, though the spirit of the rule ought to be observed, it is generally expected of the secretary, that his record shall be both a journal and in some sort a report of the proceedings. 32. It is also the duty of the secretary to read all papers, &c., which may be ordered to be read ; to call the roll of the assembly, and take note of those who are absent, when a call is ordered ; to call the roll and note the an- swers of the members, when a question is taken by yeas and nays ; to notify committees of their appointment and of the business re- ferred to them ; and to authenticate by his sijjnature (sometimes alone and sometimes ia 38 PARLIAMEXTARY PRACTICE. conjunction with the president) all the acts, orders, and proceedings of the assembly. 33. Tlie clerk is also charujed with the ciis- tody of all the j)aper8 and dociunents of every description, belonging to the assembly, as well as the journal of its proceedings, and is to let none of them be taken from the table by any member or other person, without the leave or order oi the assembly. [The secretary, by the consent of a majority ascertained by motion, question, or vote, may enter the ^>ro^<'W5 of members against any measure, and their reasons therefor, upon the journal. In some of the States, this right of members of legisla- tive bodies is secured and regulated by con- stitutional provision, but the right is admitted in all deliberative assemblies by rule, vote, or otherwise. — Ed]. 34. When but a single secretary or clerk is apjiointed, his place can only be sup})lied, during his absence, by the appointment of some one to act pro tempore. When several persons are appointed, this inconvenience is not likely to occur. 35. The clerk should stand while reading or calling the assembly. DEPORTMENT OF MEMBERS, 39 CHAPTER III. OP THE RIGHTS AND DUTIES OF THE MEMBERS. 3G. The rights and duties of the members of a deliberative assembly, as regards one another, are founded in and derived from the principle of their absolute equality among themselves. Every member, however humble he may be, has the same right with every other, to sub- mit his propositions to the assembly, — to ex- plain and recommend them in discussion,— and to have them patiently examined and deliber- ately decided upon by the assembly ; and, on the other hand, it is the duty of every one so to conduct himself, both in debate, and in his general deportment in the assembly, as not to obstruct any other member, in the enjoyment of his equal rights, ,^The rights and duties of the members require to be explained only in reference to words spoken in debate (whether spoken of a member or otherwise) and to general deportment. The first will be most conveniently noticed in the chapter on debate ; the other will be considered in this place. 4U PARLIAMENTARY PRACTICE. 37. Th?, obse»*vanpc of decorum, by tbe members of a deliberative assembly, is not only due to themselves and to one another, na gentlemen assembled together to deliberate on matters of common importance and interest, but is also essential to the recjular and satis- factory proceeding of such an assembly. The rules on this subject, though generally laid down with reference to decorum in debate, are equally applicable whether the assembly be at the time engaijjed in debate, or not ; and, therefore, it may be stated, generally, that no member is to disturb another, or the assembly itself, by hissing, coughing, or s]>itting ; by speaking or whispering to other members; by standing up to the interruption of others ; by passing between the ])residing officer and a member 6j>eaking ; going across the assembly room, or walking up and down in it ; taking books or j)apers from the table, or writing there. 38. All these breaches of decorum are doubtless aggravated by being committed while the assembly is engaged in debate, though equally contrary to the rules of pro- priety, under any other circumstances. As- saults, by one member upon another, — threats, BREACHES OF DECORUM. 41 — challenges, — affrays, &c., are also high breaches of decorum. 39. It is also a breach of decorum for a member to come into the assembly room with his head covered, or to remove from one place to another with his hat on, or to put his hat on in coming in or removing, or, until he has taken his seat ; and, in many assemblies, especially those which consist of a small number of members, it is not the custom ta have the head covered at all. 40. In all instances of irregular and dis- orderly deportment, it is competent for every member, and is the special duty of the pre- siding officer, to complain to the assembly, or to take notice of the offence, and call the at- tention of the assembly to it. When a com- plaint of this kind is made by the presiding officer, he is said to name the member offend- ing ; that is, he declares to the assembly, that such a member, calling him by name, is guilty of certain irregular or improper conduct. The member, who is thus charged with an offence against the assembly, is entitled to be heard in his place in exculpation, and is then to withdraw. Being withdr'awn, the presiding officer states the offence committed, and the 42 PARLIAMENTARY PRACTICE. assembly proceeds to consider of the degree and amount of ])unishment to be inflicted* The assembly may allow the member com- plained of to remain, when he offers to with- draw; or, on the other hand, it may require him to withdraw, if he do not offer to do so of his own accord. The })rocceding8 are similar, when the comjdaint is made by a member, except that the offence is stated by such member, instead of beini; stated by the pre- siding officer. 41. Xo member ought to be present in the assembly, when any matter or business con- cerning himself is debating ; nor, if ]>resent, by the indulgence of the assembly, ought he to vote on any such question. Whether the matter in question concern his ju'iyate interest, or relate to his conduct as a member, — as for a breach of order, or for matter arising in debate, — as soon as it is fairly before the assembly, the member is to be heard in exculpation and then to withdraw, until the matter is settled. If, notwithstanding, a member should remain in the assembly and vote, his vote may and ought to be disallowed ; it being contrary, not only to the laws of decency, but to the funda- mental principle of the social compact, that a man should sit and act as a judge in his own case. PUNISHMENT OF MEMBERS. 43 42. The only punishments, which can be in- flicted upon its members by a deliberative assembly of the kind now under consideration, consist of reprimanding, — exclusion from the assembly, — a prohibition to speak or vote, for a specified time, — and expulsion ; to which are to be added such other forms of punish- ment, as by apology, begging pardon, &c., as the assembly may see fit to impose, and to require the offender to submit to, on paia of expulsion. CHAPTER IV. OF THE INTRODUCTION OF BUSINESS. 43. The proceedings of a deliberative as- sembly, in reference to any particular subject, are ordinarily set in motion, in the first in- stance, by some one of the members either presenting a communication from persons not members, or himself submitting a proposition to the assembly. 44. Communications made to the assembly are of two kinds, namely, those which are merely for its information in matters of fact, 14 PARLIAMENTAKi' PRACTICB. And those which contain a request for some Action on the part of the assembly, either of a general nature, or for the benefit of an in- dividual. The latter only, as they alone con- ititute a foundation for future proceedings, require to be noticed. 45. Pro[>ositions made by members are drawn up and introduced, by motion, in the form which tliey are intendetl by the mover to bear, as orders, resolutions, or votes, if they should be ad«>pted by the assembly. These propositions, of whatever nature they may be, are usuallv denominate*! motions, until they are adopted ; they then take the name which properly belongs to them. 4G. When a member has occasion to make any communication whatever to the assembly, — whether to present a petition or other ]>aper, or to make or second a motion of any kind, or merely to make a verbal statement, — as well as when one desires to address the assembly in debate, he must in the first place, as the expression is, " obtain the floor " for the })ur- pose he has in view. In order to do this, he must rise in his place,* and, standing un- • In the house of representatives of Massaohnsetts. where each juember's seat is regularly assigned to him, aud OBTAINING THE FLOOR. 45 covered, address himself to the presiding officer, by his title; the latter, on hearing himself thus addressed, calls to the member by his name; and the member may then, but not before, proceed with his business. 47. If two or more members rise and ad- dress themselves to the presiding officer, at the same time, or nearly so, he should give the floor to the member, whose voice he first heard. If his decision should not be satisfac- tory, any member may call it in question, saying that in his opinion such a member (not the one named) was first up, and have the sense of the assembly taken thereon, as to which of the members should be heard. In this case, the question should be first taken upon the name of the member announced by the presiding officer; and, if this question should be decided in the negative, then upon the name of the member for whom the floor was claimed in opposition to him. 48. The mode of proceeding upon such communications from persons not members, as are above alluded to, may be explained by numbered, it has been found useful, in deciding upon the claims of several competitors for the floor, to prefer one who rises in his place, to a member who addressee the speaker from the area, the passage wav= or the seat of aujr other member. 46 PARLIAMENTARY rBACTlCE. that adopted on the presentation of a petition, which may be considered as the representative of the whole class to which it belongs. 49. A petition, in order to be received, should be subscribed by the petitioner himself, with his own hand, either by name or mark, except in case of inability from sickness, or because the petitioner is attending in person ; and should be presented or offered, not by the petitioner himself, but by some member to whom it is intrusted for that purpose. 50. The member, who presents a petition, should previously hav« informed himself of its contents, so as to be able to state the sub- stance of it, on offering it to the assembly, and also to be prepared to say, if any question should be made, that in his judgment it is couched in })roper language, and contains nothing intentionally disresjjectful to the assemblv. 51. Being thus prepared, the member rises in nis place, with the petition in his hand, and info«-ms the assemblv that he has a certain petition, stating the substance of it, which he thereupon presents or offers to the assembly, and, at the same time moves (which, however, may be done by any other member) that 't PRESENTATIOX OF A PETITION. 47 be received; this motion being seconded, the question is put whether the assembly will receive the petition or not. This is the regu- lar course of proceeding ; but, in practice there is seldom any question made on receiving a petition ; the presiding officer usually taking it for granted, that there is no objection to the reception, unless it be stated. If, how- ever, any objection is made to a petition, before it has been otherwise disposed of, the presid- ing officer ought to retrace his steps and re- quire a motion of reception to be regularly made and seconded. 52. If the question ot reception is deter- mined in the affirmative, the petition is brought up to the table by the member pre- senting it ; and is there read as of course by the clerk. It is then regularly before the assembly, to be dealt with as it thinks pro- per; the usual course being either to proceed to consider the subject of it immediately, or to assign some future time for its considera- tion, or to order it to lie on the table for the examination and consideration of the members individually. 53. Whenever a member introduces a pro- position of his own, for the consideration of i8 PARLIAMENTAlir PRACTICE. the assembly, he puts it into the form he desires it should have, and then moves that it be adopted as the resolution, order, or vote of the assembly. If this proposition so far meets the ajtprobation of other members, that one of them rises in his i>lace and seconds it, it may then be ]>ut to the question ; anil tlie result, whether affirmative or negative, becomes the judgment of the assembly. 54. A motion must be submitted in writing; otherwise the presiding officer will be justified in refusing to receive it ; he may do bo, how- ever, if he ]>leascs, and is willing to take the trouble himself to reduce it to writing. This rule extends only to principal motions, which, when a(loj)ted, become the act and express the sense of the assembly ; but not to sub- sidiary or incidental motions* which merely enable the assembly to dispose of the former in the manner it desires, and which are always in the same form. In the case of a motion to amend, which is a subsidiarv motion, the rule admits of an exception, so far as regards the insertion of additional words, which, as well as the principal motion, must be in writing. • Such as, to adjourn.— lie on the table,— for the pr©» vious question,— for poBtpoueiueut,— commitmeut, &c. MAKING A MOTION. 49 55. A motion must also be seconded, that is, approved by some one member, at least, ex- pressing his approval by rising and saying, that he seconds the motion ; and if a motion be not seconded, no notice whatever is to be taken of it by the presiding officer ; though, in practice, very many motions, particularly those which occur in the ordinary routine of business, are admitted without being seconded. This rule applies as well to subsidiary as prin- cipal motions. The seconding of a motion seems to be required, on the ground, that the time of the assembly ought not to be taken up by a question, which, for any thing that appears, has no one in its favor but the mover. There are some apparent exceptions to this rule, which will be stated hereafter, in those cases, in which one member alone has the right of instituting or giving direction to a particular proceeding ; and an actual exception is sometimes made by a special rule, requiring certain motions to be seconded by more than one member. 56. When a motion has been made and seconded, it is then to be stated by the presid- ing officer to the assembly, and thus becomes a question for its decision ; and, until so stated, 50 PARLIAMENTARY PRACTICE. it is not in order for any other motion to be made, or for any member to speak to it ; but, when moved, seconded, and stated from the chair, a motion is in the possession of the assembly, and cannot be withdrawn by the mover, but by special leave of the assembly, which must be obtained by a motion made and seconded as in other cases. [In the }>ritish, House of Commons, a motion must be reduced to writing by the mover, and delivered to the Speaker, wlio, when it has been seconded, (a seconder is not required in the House of Lords), puts it to the House • it cannot then be withdrawn without leave of the House. When an amendment is proposed to a question, the original motion cannot be withdrawn till the amendment.has been either withdrawn or negatived. An amendment is properly such an alteration of a motion by striking out or adding words, or both, as may enable members to vote for it who would not have done so otherwise. In this country the practice has become less strict since Mr. Gushing wrote. '■^Amotion carticulnr motions to be used, and the order in which they may be made. Thus, the rule in the house of represenUitives of congress, (which is also adopted iu the house of representatives of Massachusetts,) is, that, " when a question is under debate, no motiou shall be received, but to adjourn, to lie on the table, for the previous question, to postpone to a day certiiin, to couunit. to amend, to i)Ostpone indefinitely, which several motions shall have precedence iu the order in which they are ar- ranged." PREVIOUS QUESTION, 56 CHAPTER VI. OF MOTIONS TO SUPPRESS. 62. When a proposition is moved, which it is supposed, may be regarded by the assembly as useless or inexpedient, and which it may therefore be desirous to get rid of, such pro- position may be suppressed for a time by means of the previous question, or altogether by a motion for indefinite postponement. Sect. I. Previous Question. 63. The original and proper parliamentary use of the previous question being, as above stated, the suppression of a main question, it seems proper to consider it as one of the sub- sidiary motions for that purpose ; although, in this country, it has been perverted to a wholly different use, namely, the suppression of debate. This consideration, in connection with the difficulty of the subject, and the im- portance of a correct understanding of it, makes it proper to devote more room to the 56 PARLIAMENTARY TRACTICE. previous question, than needs to be given to most of the other subsidiary motions. It will first be considered according to its original use and intention ; and, afterwards, as used in this country. 64. There are several motions, which give rise to questions previous in their nature to other questions to which they relate ; but the term previous has been applied exclusively to a motion denominated the previous qf(€stio?i, which has for its object the suj)pression of a principal motion or question. This motion was introduced into the bouse of commons in EnMand, more than two centuries ago, for the purpose of suppressing subjects of a delicate nature, relating to high personages, or the dis- cussion of which might call forth observations of an injurious tendency. When first made use of, the form of the motion was, s/udl the 7nain question be put? and the effect of a de- cision of it in the negative was to suppress the main question for the whole session. The form of it was afterwards changed to that which it has at j»resent,nan-iely, shall the main Question be non^ pnd? and the effect of anega- ^/ve decision of it now is to suppress the main question for the residue of the day only. The PREVIOUS QUESTION. 57 operation of this motion, in suppressing tlie question to whicli it is applied, results from the principle, that no further consideration or discussion can regularly be had of a subject, which it has been decided shall not be put to the question ; and, therefore, when on the motion of the previous question, it has been decided, that the principal question shall not now be put, that question is disposed of for the day, and cannot be renewed until the next or some succeeding day. This is the purpose for which the previous question was originally invented, and for which it is still used in the British parliament. 65. But the previous question may be de- cided in the affirmative, as well as the nega- tive, that is, that the main question shall now be put; in which case, that question is to be put immediately, without any further debate, and in the form in which it then exists. This operation of the previous question, when de- cided affirmatively, has led to the use of it for the purpose of suppressing debate on a prin- cipal question, and coming to a vote upon it immediately; and this is ordinarily the only object of the previous question as made use of in the legislative assemblies of the United 58 PARLIAMENTARY PRACTICE. States.* The operation of a negative decision is different in different assemblies ; in some, as, for example, in the house of representa- tives of congress, it operates to dispose of the principal or main question by suppressing or removinc: it from before the house for the day ; but in others, as in the liouse of representa- tives of Massachusetts, and in the house of assembly of New York, (in the former by usage only, and in the latter by a rule,) the effect of a negative decision of the previous question is to leave the main question under debate for the residue of the sitting, unless sooner disposed of by taking the question, or in some other manner. 66. In England, the previous question is used only for suppressing a main question ; the object of the mover is to obtain a decision of it in the negative ; and the effect of such a • Mr. .TefTerson (Manual, § xxxiv.) considers this exten- sion of the pKevious question as au abuse. He is of opinion that " its uses would be as well answered by other more simple parliamentary forms, and therefore it should not be favored, but restricted within as narrow limits as possi- ble." Notwithstanding this suggestion, however, the use ^ of the previous question, as above stated, has become so firmly established, that it cannot now be disturbed or un- settled. INDEFINITE POSTPONEMENT. 59 decision, though in strictness only to suppress the question for the day, is, practically and by parliamentary usage, to dispose of the subject altogether. In this country, the previous ques- tion is used chiefly for suppressing debate on a main question ; the object of the mover is to obtain a decision of it in the afiirmative ; and the effect of a decision the other way, though in some assemblies operating techni- cally to suppress the main question for the day only, is, in general, merely to suspend the taking of the question for that day; either leaving the debate to go on during the residue of the day, or the subject to be renewed on the next or some other day. The operation of an affirmative decision is the same, in both countries, namely, the putting of the main question immediately, and without further debate, delay, or consideration. Sect. II. Indefinite Postponement. 67. In order to suppress a question alto, gether, without coming to a direct vote upon it, in such a manner that it cannot be renewed, the proper motion is for indefinite postpone- ment ; that is, a postponement or adjournment RO PARMAT^rKXTAUV PRATTICE. of the question, without fixing any clay for re- suming it. The effectoftliis motion, if decided in the affirmative, is to quash the jn'oposition entirely ; as an indefinite adjournment is equiv- alent to a dissolution, or the continuance of a suit, without day, is a discontinuance of it. A nerjative decision has no effect whatever. [This motion cannot be amencled. It can- not he moved while the motions to commit or for the previous question are pending. As its effect is to " quash the proposition entirely," it necessarily brings up the whole subject for discussion, in order that its friends may allege reasons for coming to a direct vote upon it ; for if the motion to indefinitely postpone pre- vails, the measure projmsed cannot be renewed during the session. — Ei>.] CIIAPTEU VII. OF MOTIONS TO POSTPONE. 68. If the asserablv is willinir to entertain ^ and consider a question, but not at the time when it is moved, the proper course is either to postpone the subject to another day, or to order it to lie on the table. LIE OX THE TABLU. 61 69. When the members individually want more information than they possess, at the time a question is moved, or desire further time for reflectio^i and examination, the pro- per motion is, to postpone the subject to such future day as will answer the views of the assembly. 70. This motion is sometimes used improp- erly, to get rid of a proposition altogether, as would be done by an indefinite postponement. This is effected by fixing upon a day, which, according to the common course of things, will not arrive until after the assembly has been brous^ht to a close. But a motion, word- ed in this manner, is precisely equivalent to a motion for indefinite postponement, and should be so considered and treated. 71. If the assembly has something else be- fore it, which claims its present attention, and is therefore desirous to postpone a particular proposition, until that subject is disposed of, such postponement may be effected by means of a motion that the matter in question lie on the table. If this motion prevails, the subject 80 disposed of may be taken up, at any time afterwards, and considered, when it may suit the convenience of the assembly. 6- PAP.LIAMEXTARV PRACTICE 72. Tin's motion is also sometimes maJeuse of for the final disposition of a subject ; and it always has that effect, when no motion is afterwards made to take it up. [In Congress, as well as in other deliberative bodies, debate is not allowed on the motions to postpone to a day certain, or to lie on the table ; for the effect of these motions is only to defer measures temporarily, which may be fully discussed when the })roper time arrives. A member may speak strictly to the motion ; but not as to the merits of the question post- poned. The motion may be amended by sub- stitutinc: one day for another. The motion to lie on the table is not subject t,o amend- ment. — Ed.] CHAPTER VIII. OK MOTIONS TO COMMIT. 73. The third case for the use of a sub- sidiary motion, as already stated, occurs, when the subject-matter of a proposition is regarded with favor, but the form in which it is intro- duced is 80 defective, that a more careful and COMMITMENT. 63 deliberate consideration is necessary, tlian can conveniently be given to it in the assembly itself, in order to put it into a satisfactory form. The course of proceeding then is, to refer the subject to a committee ; which is called a com- mitment, or, if the subject has already been in the hands of a committee, a recommitment. 74. If there is a standing committee of the assembly, whose functions embrace the subject in question, the motion should be to refer it to that committee ; if there is no such committee, then the motion should be to refer to a select committee. If it is a matter of doubt, whether a particular standing committee is appropriate or not, and propositions are made for a reference to that committee, and also for a reference to a select committee, the former proposition should be first put to the question. 75. When a subject is referred or recom- mitted, the committee mav be instructed or ordered by the assembly, as to any j^art or the whole of the duties assigned them ; or the subject may be left with them without instructions. In the former case, the in- structions must be obeyed, gf course ; in the latter, the committee have full power over the matter, and may report upon it, in any 64 PARLTAMEXTARY PRACTICE. manner they please, provided they keep with- in the recoirnizod forms of parliamentary proceedings. 76. A ])art only of a subject may be com- mitted, without the residue ; or different parts n.ay be cotnmitted to different rom niitteos. 77. A commitment with instructions is sometimes made use of, as a convenient mode of procuring further information, and, at the same time, of postponing the consideration of a subject to a future tiiough uncertain day. [The merits of the j)roposition aic not open to discussion, for the reason stated in note, prir. 7*2, unless instructions are added to the motion to commit — then the subject matter may be debated. — Ed.] CHAPTER IX. OF MOTIONS TO AMEND. 78. The last case, for the introduction of subsidiary motions, is when the assembly is satisfied with the subject-matter of a proposi- DIVISION OF QUESTIONS. 65 tioii, but not with the form of it, or with all its different parts, or desires to make some addition to it. The course of proceeding .ihen is, to bring the proposition into the proper form, and make its details satisfactory, by means of amendments, or oi certain pro- ceedino-s of a similar character, and havino: the same general purpose in view. The latter will be first considered. Sect. I. Division of a Question. 79. When a proj30sition or motion is com- plicated, that is, composed of two or more parts, which are so far independent of each other, as to be susceptible of division into several questions, and it is supposed that the assembly may approve of some but not of all these parts, it is a compendious mode of amendment, to divide the motion into separate questions, to be separately voted upon and decided by the assembly. This division may take place by the order of the assembly, on a* motion regularly made and seconded for the purpose. 80. When a motion in thus divided, it lic- comes a series of questions, to be considered P. M. — 3 B6 PARLIAMENTARY TRACTICE. and treated each by itself, as an inclqn.'nclent proposition, in the order in which they stand ; and when they have all been gone through with and decided, the result will be the same, as if motions to amend bv strikinij out the several j>arts had been made and jnit to the questi(>n. WIk'ii a motion for a division is made, the mover ought to specify in his mo- tion the maimer in which he j>roposes to make the division ; and tliis motion, like every other of the nature of an amendment, is itself sus- cejitible of amendment. 81. It is sometimes asserted, that it is the rifjht of everv individual member to have a complicated (piestion (provided it is suscep- tible of division) divided into its several })art8, and a question put separately on each, on his mere demand, and without any motion or any vote of the assembly for that }>urpose. But this is a mistake ; there is no such rule of parliamentary proceeding ; a complicated ques- tion can only be separated by moving amend- ments to it in the usual manner, or bv moving for a division of it in the manner above stated. 82. It is not unusual, however, for a delib- erative assembly to have a rule providing for FILLING BLANKS. 67 the division of a complicated question (pro- vided it is susceptible of division) into its several parts, upon the demand of a member. When this is the case, it is for the presiding officer (subject of course to the revision of the assembly) to decide, when the division of a motion is demanded, first, whether the propo- sition is susceptible of division, and, secondly, into how many and what parts it may be divided. 83. A proposition, in order to be divisible, must comprehend points so distinct and entire, that if one or more of them be taken away, the others may stand entire and by them- selves ; but a qualifying paragraph, as, for example, an exception or a proviso, if sep- arated from the general assertion or state- ment to which it belongs, does not contain an entire point or proposition. Sect. II. Filling Blanks. 84. It often happens, that a proposition is introduced with blanks purposely left by the mover to be filled by the assembly, either with times and numbers, or with provisions analogous to those of the proposition itself. 68 PAELIAMENTARY rRACTICE. In the Inttcr case, blanks are filled in the same way, that other amendments by the insertion of words are made. In the former, propositions to fill blanks are not considered as amendments to the question, but as origi- nal motions, to be made and decided before the princi])al (juestion. 85. When a blank is left to be filled with a time or number, motions may be made for that purpose, and the question taken on each bv itself, and before another is made; or several motions may be miule and ])i'nding before any of them are put to the question. This last mode of proceeding, which is the most usual as well as convenient, requires that the several propositions should be ar- ranged, and the question taken on them, in such order as will the soonest and with the most certaintv enable the assembly to come to an aofreement. 8G. In determining upon the order to be adopted, the object is not to begin at that ex- treme, which and more being witiiin every man's wish, no one can vote against it, and, yet, if it should be carried in the affirmative, every vjuestion for more would be precluded ; but, at that extreme, which will be likely to ADDITION — SEPARATION. 69 unite the fewest, and then to advance or recede, until a number or time is reached, which will unite a majority. 87. Hence, when several different j^roposi- tions are made for filling blanks with a time or number, the rule is, that if the larger com- prehends the lesser^ as in a question to what day a postponement shall take place, — the number of which a committee shall consist,— the amount of a fine to be imposed, — the term of an imprisonment, — the term of irredeema- bility of a ^oan, — or the terminus in quern in any other case, the question must begin a maximo, and be first taken upon the greatest or farthest, and so on to the least or nearest, until the assembly comes to a vote*: But, if the lesser includes the greater^ as in questions on the limitation of the rate of interest, — on the amount of a tax, — on what day the ses- sion of a legislative assembly shall be closed, by adjournment, — on what day the next ses- sion shall commence, — or the terminus a quo in any other case, the question must begin a minima^ and be first taken on the least or nearest, and so on to the greatest or most re- mote, until the assembly comes to a vote.* * The above is the rule as laid down by Mr Jefferson 70 PARLIAMENTARY PRArTICE. Sect. III. Addition, — SErARATiox, — Transposition. 88. "When the matters cuiitained in two separate propositions miglit be ])etter jmt in- to one, the mode of j»rc)ceeding is to reject one of them, and then to incorporate the sub- stance of it witli the other by way of amend- ment. A belter mode, lioweyer, if the busi^ ness of the assembly will admit of its beinn' ado])ted, is to refer both j>i())»ositions to a committee, with instructions to incorj)orate them together in one. 80. So, on the other liand, if tlic matter of one jiroposition won made, without any question being taken upon it by the assembly. As tliis ]>roceeding, however, is essentially the same with that described in the ])receding paragraph, it, of course, rests upon the same foundation, an reject the amendment in the form in which it is presented, namely, to insert E F, and to move it in the form in which it is desired to be amended, nnnidy, to insert E G V. l>8. Tldnl Rule. Whatever is agreed to by the assembly, on a vote, either adopting or rejecting a proposed amendment, cannot be afterwards altered or amended. 99. Thus, if a j)roposition consists of A B, and it is moved to insert C ; if the amend- ment prevail, C cainiot be afterwards amended, because it has been agreed to in that form ; and, so, if it is moved to strike out B, and the amendment is rejected, B cannot afterwards be amended, because a vote against striking AMEXDMEXTS. 75 it out is equivalent to a vote agreeing to it as it stands. 100. Fourth Rule. Whatever is disagreed to by the assembly, on a vote, cannot be after- wards moved ao-ain. This rule is the converse of the preceding, and may be illustrated in the same manner. 101. Thus, if it is moved to amend A B by inserting C, and the amendment is rejected, C cannot be moved again ; or, if it is moved to amend A B by striking out B, and the amendment prevails, B cannot be restored ; because, in the first case, C, and, in the other, B, have been disagreed to by a vote. 102. Fifth Rule. The inconsistency or in- compatibility of a proposed amendment with one which has already been adopted, is a fit ground for its rejection by the assembly, but not for the suppression of it by the presiding ofticer. as against order ; for, if questions of this nature were allowed to be brought within the jurisdiction of the presiding ofiicer, as matters of order, he might usurp a negative on important modifications, and suppress or embarrass instead of subserving the will of the assembly. 76 PAULIAMEXTAKY PKAOTICK. Sect. VI. Amendments by striking oct. 103. If an aineiidineni is j»roposed by strik- ing out a particular paragraph or certain words, and the amendment is rejected, it can- not be again moved to strike out tiie sanitf words or a part of them ; but it may bemove<^ to strike out the same words with others, of to strike out a part of the same words with others, j)rovided the colierence to be struck out be so substantial, as to make tliese, if fact, different propositiotis from the former. 104. Til us, if a proposition consist of A I> C D, and it is moved to strike out H C ; it this amendment is rejected, it cannot be moved ngain ; but it may be moved to strike out A B, or A B C, or BCD or C 1). 105. If an amendment by striking out is agreed to, it cannot be afterwanls moved to insert the same words struck out or a part of them ; but it may be moved to insert the same words with others, or a ]>art of tlie same svords with others, provided the coherence to be inserted make these propositions substan- lially different from the first. 106. Thus, if the proposition A BCD is AMENDMENTS. 77 amended by striking out B C, it cannot be moved to insert B C again ; but it may be moved to insert B C with other words, or B with others, or C with others. 107. When it is proposed to amend by (Striking out a particular paragraph, it may be moved to amend this amendment, in three different ways, namely, either by striking out a part only of the paragraph, or by inserting or adding words, or by striking out and in- sertinoj. 108. Thus, if it is moved to amend the proposition A B C D, by striking out B C, it mav be moved to amend this amendment bv striking out B only or C only, or by inserting E, or by striking out B or C, and inserting E. 109. In the case of a proposed amendment by striking out, the effect of voting upon it, whether it be decided in the affirmative oi neijative accordins: to the third and fourth rules above mentioned, renders it necessary for those who desire to retain the paragraph to amend it, if any amendment is necessary^ before the vote is taken on striking out ; as, if struck out, it cannot be restored, and, if retained, it cannot be amended. 110. As an amendment must necessarily hf 78 I'AKLIAMEMAKY PKACTlCii;. put to tlie question before the }>rinci]>:il mo- tion ; so the qiK*stion must be ])ut ou uu amendment to an amembnent before it is put on the amendment ; but, as tliis isllie extreme limit to wliich motions may be j)ut upon one another, there can be no })recedence of one over another among amendirients to amend- ments ; and, conse(juentIy, tiiey can only be moved, one at a time, or, at all events, must be put to tlie (piestion in the order in which they are moved. 111. Wlien a motion for striking out words is jiut to tlie question, the ])ar]iamentary form always is, whether the w^rds ih or words, and the amendment is rejected, it cannot be moved again to insert the same words or a part of them ; but it may be moved to insert tlie same words with others, or a part of tlie same wonls with others, j»rovi«leosed to amend by insert- ing a ]»aragraph, and the amendment prevails, it cannot be afterwards moved to strike out the same words or a j»nrt of them ; but it may be moved to strike out the same words with others, * or a ]»art of the same words with others, provided the coherence be such as to make these proi>osition< r^'.-dly different fn)m the first. 110, Thus, if in the example above .sup- posed, the amendment ju'evails, and C D is inserted it cannot be afterwards move IXSEHTIN<;. 122. The third form of amending a propo- sition, namely, by striking out certain words and inserting others in their j)lace, is, in fact, a combination of the otlier two forms; and may accordingly be divided into those two forms, either by a vote of the assemblv, or on the demand of a member, under a special rule to that effect.* 1*23. If the motinii is divided, the question is first to be taken on striking out ; and if tliat is decided in tlio aflirmative, then, on inserting; but if the former is decided in the neQ:ative, the latter falls, of course. ^)ii a division, the proceedings are the same, in reference to each branch of the question, beginning with the striking out, as if each branch had been moved bv itself. » Mr. .Teffersoii (§xxxv,) says, '* the qupstion, If flosired, is then to be divided," &C. ; but, as he makes no exce{)tioii of a uiotion U^ strike out and insert, wlien treating of the subject of division, and dues not here state it as an excei>- tion. lie undoubtedly supposes the division iu this ca.se to V>e made iu the regular and usual manner. AMENDMENTS. 83 124. If the motion to strike out and insert is put to the question undivided, and is decided in the negative, the same motion cannot be made again ; but, it may be moved to strike out the same words, and, 1, insert nothing ; 2, insert other words ; 3, insert the same words with others ; 4, insert a part of the same words with others ; 5, strike out the same words with others, and insert the same ; 6, strike out a part of the same words with others, and insert the same ; 7, strike out other words and insert the same ; and, 8, insert the same words, without striking out any thing. 125. If the motion to strike out and insert is decided in the affirmative, it cannot be then moved to insert the words struck out or a part of them, or to strike out the words inserted, or a part of them ; but, it may be moved, 1, to insert the same words witli others ; 2, to insert a part of the same words with others ; 3, to strike out the same words with others ; or, 4, to strike out a part of the same words with others. 126. When it is proposed to amend by striking out and inserting, this amendment may be amended in three differennt ways in the paragraph proposed to be struck out, and 84 PARLIAMENTARY PRACTICE. also in the paragrajdi proposed to be iiis'^rteo, namely, by striking out, or inserting, or strik- ing out and inserting. And those who are in favor of either paragra})h must amend it. before the question is taken, for the reasons already stated, namely, that, if decided in the affirma- tive, the ]>art struck out cannot be restored, nor cati tlie }>art inserted be amended ; and, if decided in the negative, the part j»roj)osed to be struck out cannot be amended, nor can the |)aragra]>li pro]»osed to be inserted be moved flLcaln. rJT. On a motion to amend, bv strikiiiGT out certain words and inserting others, the manner of stating the question is first to read the whole passage to be amended, as it stands ; then the words proposed to be struck out ; next those to be inserted ; and, lastly, the whole passage as it will stand when amended. Sect. IX. Amendments changing the Nature of a Question. 128. The term amendment is in strictness ap- plicable only to to those changes of a proposi- tion, by which it is improved, that is, rendered more eliectual for the purpose which it has in AMEN^DMEXTS. 85 view, or made to exjiress more clearly and definitely the sense which it is intended to expres. Hence it seems proper, that those only should undertake to amend a proposition, who are friendly to it: but this is by no means the rule ; when a proposition is regularly moyed and seconded, it is in the possession of the assemb-ly, \Par 56, 92, "F".] and cannot be withdrawn but by its leave ; it has then be- come the basis of the future proceedings of the assembly, and may be put into any shape, and turned to any purpose, that the assembly may think proper. 129. It is consequently allowable to amend a proposition in such a manner as entirely to alter its nature, and to make it bear a sense different from what it was originally intended to bear ; so that the friends of it, as it was first introduced, may themselves be forced to vote against it, in its amended form. 130. This mode of proceeding is sometimes adopted for the purpose of defeating a propo. sition, by compelling its original friends to unite with those who are opposed to it, in voting for its rejection. Thus, in the British House of Commons, Jan. 29, 1765, a resolution being moved, " That a genera] ^rarrant foi 86 PAliLl AMENTA K'V I'KA* THE. appreheiuling the authors, j^riiiters, or publish- ers of a libel, togetlier with their paj)ers, is not warranted by law, and is an high violation of the liberty of the subject: " — it was moved to amend this motion bv itrefixinir the followinjr paragraph, namely : '' That in the })artieular case of libels, it is j^roper and necessary t<> fix, by a vote of this house only, what ought to be deein<'d the law in respect of general warrants; and, for that jmrpose, at the time when the determination of the leijalitv of such warrants, in the instance of a most seditious and treas- onable libel, is actually 0. Mr. l)ur.riinK liaviuj; made a mo- tion, in the hou.se of commons, "that in the opinion of this house, the influt*nce <»f the crown lia.s increaser nejrativelv, leave that question as before. Others of them also supersede the )»rincipal qiiestion, until thev are decided ; anose of the ]>rincipal «juestion ; but, if dc- ci«k'd the *>ther wav, leave it as before. Sect. 1. l'i:iviLi:t,i,i» Qlkstiuns. loO. There are certain motions or ques- tions, which, on account of the superior im- j>ortance attributed to them, either in conse- quence of a vote of the assembly, or in them- selves considered, or of the necessity of the proceedings to which they lead, are entitled to take the ])lace of any other subject or pro- position, which may then be under considera- ADJOURNMENT. 91 tion, and to be first acted upon and decided by the assembly. These are called privileged questions, because they are entitled to prece- dence over other questions, though they are of different degrees among themselves. Ques- tions of this nature are of three kinds, namely, fii'st, motions to adjourn ; secondly^ motions or questions relating to the rights and priv- ileges of the assembly, or of its members in- dividually ; and, thirdly^ motions for the orders of the day. Adjournment. ' 137. A motion to adjourn takes the place of all other questions whatsoever ^ ; for, otherwise, the assembly might be kept sitting against its will, and for an indefinite time ; but, in order to entitle this motion to pre- cedence, it must be simply to " adjourn," with- * It is commonly said, that a motion to adjourn is al- ways in order, bat this is not precisely true. The ques- tion of adjournment may, indeed, be moved repeatedly ou the same day; yet, in strictness, not without some inter- mediate question being proposed, after one motion to ad- journ is disposed of, and before the next motion is made for adjourning; as, for example, an amendment to a pend- ing question, or for the reading of some paper. The rea- son of this is, tliat, until some other proceeding has inter- vened.the question already decided is the same as tJiat uew« ly moved. 9'J I'AKI.IAMKNTAKY I'KA* IKK. out xhv a«Milion of any particular dny or time. AikI, as the object of this motion, wlun made in the midst of some other proceedinjri and with a view to supersede a question already proposed, is simply to break up tlic sitting, it does not admit of any amendment by the a«]dilion of a particular » :i«--» nibly do now adjourn ; " and, if it is carried in the aflirmative, the assembly is ad- journed to the next sitting «lay ; unless it has }>reviou8ly come to a resolution, that, on ris- ing, it will adjourn to a particular day ; in which case, it is adjourned to that day. 1:I0. An adjournment without day, that is, without any time being fixed for reassem- Minil, would, in the case of any other than a legislative assembly, be equivalent to a dis- solution.* • ' t)i.' inudnf^w of a deHberaUTe i^j^^ (t i>l<»-v to adjourn th^'aiwemhly wi- s. A l-'ti^r r t: oMan a- im: < j.ut diy. If w- -lojo of the word adjourn, tn a cont'radit'tl ►n in teraw. QUESTIONS OF PRIVILEGE. 93 140. When a question is interrupted by an adjournment, before any vote or question has been taken upon it, it is thereby removed from before the assembly, and will not stand before it, as a matter of course, at its next meeting, but must be brought forward in the usual way. Questions of Privilege. 141. The questions, next in relative impor- tance, and which supersede all others for the time being, except that of adjournment, are those which concern the rights and privileges of the assembly, or of its individual members; as, for example, when the proceedings of the assembly are disturbed or interrupted, whether by strangers or members ; or where a quarrel arises between two members; and, in these cases, the matter of privilege supersedes the question pending at the time, together with all subsidiary and incidental ones, and must be first disposed of. When settled, the ques- tion interrupted by it is to be resumed, at the point where it was suspended. Orders of the Day. 142. When the consideration of a subject 94 PAULIAMKNTAIIV rRACTICE. has been assigned for a particular day, l)y an order of the asjfcmbly, the mailer so assigned is called the order of the day for that day. If, in tlie course of business, as eoninionly liap- pens in legislative assemblies, there are several subjects assigned f«»r the same orfl cominfx under tliis rule, it is not tlie rig'nt of any member to read liimself, or to have rea«l, any paper, ho<»k, (»r cument uhatever, with- out the li-ave of the assemhly, upi>n a motion made an«l a (juestion put for the purpose. The delay and interruption, whieh would otlu-rwise ensue from reading every j»aper that miglit be called for, show the ahsolutc necessity of restricting the rule within the narrowest pos- sible limits, consistently with permitting every member to have as much information as possible, lace, lie must obtain the leave of the assembly for that purj^ose; which leave can only be had, if objection is made, ]»y a motion [which is not debatable] and question in the usual mode of proceeding. [Par. 56, ?ir)te'\. 1(>2. If this motion is decided in the affirm- ative, the motio?] to which it relates is thereby removed from before the assemblv, as if it haroceeds as before. Sl'SPEXSIOX OF A HlLK. 163. When any contemj)lated motion or pro- ceeding is rendered impracticable, by reason of the existence of some special rule by which it is prohibited, it has become an established practice in this country, to suspend or dispense with the rule, for the purpose of admittinfj the proceeding or motion which is desireroposition then AMENDMENT OF AMENDMENTS. 103 under consideration, a motion to suspend the rule supersedes the original question for the time being, and is first to be decided, [without debate.] 164. It is usual, in the code of rules adopted by deliberative assemblies, and especially legislative bodies, to provide that a certain number exceeding a majority, as two thirds or three fourths, shall be competent to the sus- pension of a rule in a particular case ; where this is not jjrovided, there seems to be no other mode of suspending or dispensing witb a rule than by general consent. Amendment of Amendments. 165. In treating of amendments, it has al- ready been seen, that it is allowable to amend a proposed amendment ; and that the question on suck sub-amendment must necessarily be put and decided before putting the question on the amendment. The former is incidental to the latter, and supersedes it for the time beino^. Sect. III. Subsidiary Questions. 166. Subsidiary, or secondary, questions or motions, as has already been stated, are those 104 PAIU.IAMKNTAKV rilACTirE. which relate to a })rincij)al motion, aiul are made use of to enable the assembly to dispose of il in the most appropriate manner. These motions have tho effect to supersede, and, in some cases, when decided one way, to dispose of, the princij»al question. They are also of <1ifferent degrees among themselves, and, ac- cording to their several natures, supersede, und sometimes dispose of, one another. 167. The subsirevious question, — po8t]>onement, either indefinite ur to a day certain, — commitment, — and, amendment. 168. It is a general rule, with certain ex- ceptions which will be immediately mentioned, that subsidiary UK'tioiis cannot be applied to one another; as for example, suppose a motion to postpone, commit or amend a principal question, it cannone the }>reviou3 question, or the motion for commitment or amendment. The reasons for this rule are : 1. It would be absurd SUBSIDIARY QUESTIONS. 105 to separate the appendage from its principal ; 2. It would be a piling of questions one on another, which, to avoid embarrassment, is not allowed ; and 3. The same result may be reached more simply by voting against the motion which it is attempted to dispose of by another secondary motion. 169. The exceptions to the rule above stated are, that motions to postpone (either to a day certain or indefinitely), to commit, or to amend, a principal question, may be amended, for the reason, that the useful character of amend- ment gives it a privilege of attaching itself to a secondary and privileged motion " ; that is, a subsidiary motion to carry out and improve another may be applied to that other, but a subsidiary motion to dispose of or suppress another is not admissible. Hence, the sub- sidiary motions above mentioned may be am- ended. 170. A previous question, however, cannot be amended ; the nature of it not admitting of any change. Parliamentary usage has fixed its form to be, shall the main question be now put? that is, at this instant; and, as the present instant is but one, it cannot admit of any modification ; and to change it to the next 10(5 PARLIAMENTARY PRACTICE. day or any other moment, is without example or utility. For the same reasons, alsso, that the form of it is fixed by parliamentary usa;j^e, and is already as simple as it can be. a motion to lie on the table cannot be amended. Lie on tue Table. 171. This motion is usually resorted to, ■when the a.sscmbly has something else before it, which claims its present attention, and therefore desires to lay aside a propositi(^n for a short but indefinite time, reserving to itself the power to take it up when convenient. This motion takes precedence of and buper- setles all the other subsidiary motions. [In Congress, by 8j)€cial rule, the motion to lie on the table is subordinate only to the motion to adjourn. By parliamentary law it is subordinate to all three of the priveleged (juestiong. It i^ not debatable, nor subject to amendment. A member may have a motion made, or resolutions offered by himself laid on the table. Thus in U. 8. Senate, Feb. 23, 188G, Mr. Morgan, of Alabama, presented a preamble and resolutions which were read, and then at his request, the lesolutions were laid on the table to wait until he chose to call them up for the action of the Senate. — (Par. 72) Ed.] PREVIOUS QUESTION. 107 172. If decided in the affirmative, the prin- cipal motion, together with all the other mo- ^ tions, subsidiary and incidentaljConnected with ' it, is removed from before the assembly, until it is again taken up ; which it may be, by motion and vote, at any time, when the as- sembly pleases. 173. If decided in the negative, the business proceeds in the same manner as if the motion had never been made. Previous Question. 174. This motion has already been describ- ed (63), and the nature and effect of it fully stated. It stands in an equal degree with all the other subsidiary motions, except the mo- tion to lie on the table ; and, consequently, if first moved, is not subject to be superseded by a motion to postpone, commit or amend. 175. If the previous question is moved before the others above mentioned, and put to the question, it has the effect to prevent those motions from being made at all ; for, if decided affirmatively, to wit, that the main question shall now be put, it would of course be contrary to the decision of the assembly, und therefore against order, to postpone, com- 108 rAULlA.MEXTAHV I'RACTKE. mit, or amend; and if decided negatively, to wit, that the main question shall not now be put, this takes the main question out <'f the possession of the assembly, for the day, so that there is then nothing before it to post- pone, commit or amend.* Postponement. 17G. The motion to postpone is either in- detinit« or to a day certaij^ • and, in both these forms, may be amended ; in the former, by makin<,' it to a day certain,— in the latter, by substituting one day for another. But, in the latter case propositions to substitute ditVerent days for that originally named, bear more re- semblance to propositions for filling blanks, than thev do to amendments, and should be considered and treated aocordinjly. 177. If, therefore, a motion s made for an indefinite postponement, it may be moved to amend the motion by making it to a day certain. If any other day is desued, it may be moved as a amendment to the amend- • In the house of reprcdenlatlvesof Maseachusetts. as the effect of a negative decision of the previous question Is not to remove the principal question from before the house, 1 that question is still open to post ponemenr. commitment, or amendment, noiwliatandlng such negative decision. POSTPONEMENT. 109 ment ; or it may he moved as an independent; motion, when the amendment has been re jected. [In many legislative assemblies the practice is different, and motions to postpone indefi- nitely cannot be amended, for the reason that one form of question cannot be changed into another. — Ed.] 178. If a motion is made for a postpone- ment to a day certain, it may be amended by the substitution of a different day : but in this case, a more simple and effectual mode of proceeding is to consider the day as a blank, to be filled in the usual manner, beginning with the longest time. 179. This motion stands in the same degree Tvith motions for the previous question, — to commit, — and to amend ; and, if first made, is not susceptible of being superseded by them. 180. If a motion for postponement is de- cided affirmatively, Ihe proposition to which it is applied is removed from before the assem- bly, with all its appendages and incidents, and consequently there is no ground for either of the other subsidiary motions ; if decided nega- tively, that the proposition shall not be post- 110 PARLIAMENTARY PRACTICE. poned, that question may then be suppressed by the previous question, or committed, or amended. Commitment. 181. A motion to commit,* or recommit (which is the term used when the proposition has ah'eady been once cojnmitted), may be amended, by the substitution of one kind of committee for another, or by enlarjn^infj^ or diminishing the number of the members of the committee as originally proposed, or by instructions to the committee. [* The motion itself may be debated, but no debate on the merits of the ([uestion id allowed until reported back to the house. — Ed. J 182. This motion stands in the same degi ee with the previous question and postponement — and, if tirst made, is not superceded by them— but it takes precedence of a motion to amend. 183. If decided affirmatively, the propo- sition is removed from before the assembly ; and, consequently, there is no ground for the previous question, or for the postponement, or amendment : if negatively, to wit, that the principal (juestion shall not be committed. AMENDMENT. Ill that question may then be suppressed by the previous question, or postponed, or amended. Amendment. 1 84. A motion to amend, as has been seen, may be itself amended. It stands in the same degree only with the previous question and indefinite postponement, and neither, if first moved is superseded by the other. 185. But this motion is liable to be super- seded by a motion to postpone to a day certain ; so that amendment and postpone- ment competing, the latter is to be first put. The reason is, that a question for amendment is not suppressed by postponing or adjourning the principal question, but remains before the assembly, whenever the main question is resumed ; for otherwise, it might happen, that the occasion for other urgent business might go by and be lost by length of debate on the amendment, if the assembly had no power to postpone the whole subject. 186. A motion to amend may also be super- seded by a motion to commit ; so that the latter, though subsequently moved, is to be first put ; because, "in truth, it facilitates and befriends the motion to amend." 112 PARLIAMENTARY PRACTICE. 187. The effect of botli a negative and an affirmative decision of amendments has ah-eady been considered (04 to 127). CHAPTER XL OF THE ORDER OF PROCEEDING. 188. Wlien several subjects are before the assembly, tbat is, on their table for consider- ation (for there can be but a single subject under consideration at the same time), and no priority has been given to any one over another the presiding officer is not precisely bound to any order, as to what matters .»haU be first taken up ; but left to his own dis- cretion, unless the assembly on a question decide to take up a particulai* subject. 189. A settKd order of business, however, where the proceedings of an assembly aio likely to last a considerable time, and the matters before it are somewhat numerous, is useful if not necessaiy for the government of the ])residiiig officer, and to restrain individual members from calling up favorite measures, or matters under their special charge, out of their iust time. It is also desu'able, for direct- ORDER OF BUSINESS. 113 ing the discretion of the assembly, when a motion is made to take up a particular matter, to the prejudice of others, which are of right entitled to be first attended to, in the general order of business. 190. The order of business may be estab- lished in virtue of some general rule, or by special orders relating to each particular sub- ject ; and must, of course, necessarily depend upon the nature and amount of the matters before the assembly. 191. The natural order, in oonsidering and amending any paper which consists of several discinct propositions, i?, to begin at the begin- ing, and proceed through it by paragraphs j and this order of proceeding, if strictly ad- hered to, as it should always be in numerous assemblies, would prevent any amendment in a former part from being admissable, after a latter part had been amended ; but this rule does not seem to be so essential to be observed in smaller bodies, in which it may often be advantageous to allow of going from one part of a paper to another, for the purpose of amendments. 192. To this natural order of beginning at the beginning, there is one exception accord- 114 PARLIAMENTARY PRACTICE. ing to parliamentary usage, where a resolution or series of resolutions, or other paper, has a preamble or title ; in which case, the preamble or title is postponed, until the residue of the paper is gone through with, 11)3. In considering a proposition consisting of several paragraphs the course is, for the whole paper to be read entirely through, in the first place by the clerk : then, a second time, by the presiding officer, by paragraphs ; pau-iug at the end of each, and putting ques- tions for amending, if amendments are pro- posed ; and, when the whole ))aper has been gone through with, in this manner, the presid- ing officer puts the final question on agreeing to or adopting the whole paper, as amended, or unamended 104. When a paper which has been refer- red to a committee, and reported back to the assembly, is tak'U up for consideration, the amendments only are first read, in course, by the clerk. The presiding officer then leads the first, and puts it to the question, and so on until the whole are adopted or re- jected, before any other amendment is ad- mitted, with the exception of an amendment to an amendment. When the amendments re- ORDER or BUSINESS. 115 ported by the committee have been thus dis- posed of, the presiding officer pauses,and gives time for amendments to be proposed in the assembly to the body of the paper (which he also does, if the paper has been reported with- out amendments, putting no questions but on amendments proposed); and when through the whole, he puts the question on agreeing to or adopting the paper, as the resolution, order, &c., of the assembly. 195. The final question is sometimes stated merely on the acceptance of the report, but a better form is on agreeing with the committee in the resolution, order, or whatever else the conclusion of the report may be, as amended, or without amendment ; and the resolution or order is then to be entered in the journal as the resolution &c., of the assembly, and not as the report of the committee accepted. 196. When the paper referred to a commit- tee is reported back, as amended, in a new draft (which may be and often is done, whei-e the amendments are numerous and compara- tively unimportant), the new draft is to be considered as an amendment, and is to be first amended, if necessary, and then put to tho question as an amendment reported by 116 PARLIAMENTARY PRACTICE. the committee ; or, the course may be, first to accppt the new draft as a substitute for the original paper, and then to treat it as such. 197. It often happens, that, besides a principal question, there are severiJ others connected with it, ponding at the s:ime time, which are to be taken in their order ; as, for example, suppose, ^flrst, a principal motion : second, a motion to amend third, a motion to commit: fourth, the proceeding motions be- ing j>cnding, a question of ordor arises in the debate, which gives occasion.^/?/ /A, to a ques- tion of privilege, and this lead.>, sixth, to a subsidiary motion, as to lie on the table. The regular course of proceeding requires the motion to lie on the table to be first put ; if tliis is negatived, tlie question of privilege is then settled : after that comes the question of order ; then the question of commitment : if that is negatived the question of amend- ment is taken : and. lasth', the main question. This examjile will sufficiently illustrate the manner in which questions may grow out of one another, and in what order they are to be decided.* • The order of motions, for the disposal of any quesMon, Is usually fixed by a special rule, in legislative assemblies. See note to paragraph 61. ORDER OF BUSINESS. IIT 198. When a motion is made and seconded, it is the ddty of the presiding officer to pro- pose it to the assembly ; until this is done, it is not a question before the assembly, to be acted upon or considered in any manner ; and consequently it is not then in order for any member to rise either to debate it, or to make any motion in relation to it whatever. 199. It is therefore a most unparliamentary and abusive proceeding to allow a principal motion and a subsidiary one relating to it to be proposed and stated together, and to be put to the question in their order ; as is done, when a member moves a piincipal question, are-olution, for example, and, at the same time, the previous question, or that the reso- lution lie on the table. In such a case, the presiding officer should take no notice what- ever of the subsidiary motion, but should propose the principal one by itself in the usual manner, before allowing any other to be made. Other members, then, would not be deprived of their rights of debate, &c., in relation to the subject moved. 200. When a member has obtained the floor, he cannot be cut off from addressing the assembly, on the question before it ; nor, when 118 PARLIAMENTARY PRACTICE. speaking, can he be interrupted in his speech, by any other member rising and moving an adjournment, or for the orders of the day, or by making any other privileged motion of the same kind ; it being a general rule, that a member in possession of ihe floor, or proceed- ing with his speech, cannot be taken down or interrupted, but by a call to order; and the question of order being decided, he is still to be heard through. A call for an adjourn- ment, or for the orders cf the day. or for the question, by gentlemen in their seats, is not a motion : as no motion can be mnde, without rising and addressing the chair, and being called to by the presiding oflicer. Such calls for the question are themselves breaches of order, which, though the member who has risen may respect them, as an expression of the impatience of the assembly at further debate, do not prevent him from going on if he pleases. ORDER IN DEBATE. 119 CHAPTER XII. OF ORDER IN DEBATE. 201. Debate iu a deliberative assemblv must be distinguished from forensic debate, or that which takes place before a judicial tribunal; the former being, in theory, at least, more the expression of individual opinions among the members of the same body; the latter more a contest for victory, between the disputants, before a distinct and independent body ; the former not admitting of replies ; the latter regarding reply as the right of one of the parties.* 202. It is a general rule, in all deliberative assemblies, that the presiding officer shall not participate in the debate, or other pi'oceedings, in any other capacity than as such officer. He is only allowed, therefore, to state matters of fact within his knowledge; to inform the assembly on points of order or the course of * An exception to this rule is sometimes made in favor of the mover of a question, who is allowed, at the close of the debate, to replj' to the ar^ments brought against his motion; but this is a matter of favor and indulgence, and not of right. 120 PARLIAMENTARY PRACTICE. proceeding, when called upon for that pur- pose, or when he finds it necessary to do so ; and on appeals from his decision on questions of order, to address the assembly in debate. Sect. I. As to the Manner of speaking. 203. When a member desires to address the assembly, on any subject before it (as well as to make a motion), he is to rise and stand up in his place, uncovereil, and to address himself not to the assembly, or any particular member, but to the presiding officer, who, on hearing him, calls him by his name, oiiat the assembly may take notice who it is that speaks, and give their attention accord- ingly. If any question arises, as to who shall be entitled to the fioor, where several mem- bers rise at or nearly at ihe same time, it is decided in the manner already described (-46), as to obtaining the floor to make a motion. 204. It is customary, indeed, for the pre- siding officer, after a motion has been made, seconded, and proposed, to give the floor to the mover *, in preference to others, if he rises •Sometimes a m* mber, instead of proposing his motion, ar flrr-r, proce*^ds with his speecl\; but in such a "lise, he Is liable to be taken down to order, unless he .^ates that he intends to conclude with a motion, and MANNER OP SPEAKING. 121 to speak; or, on resuming a debate, after an adjournment, to give the floor, if he desires it, to the mover of the adjournment, in preference to other members; or, where two or more members claim the floor, to prefer him who is opposed to the measure in question; but in all these cases, the determination of the presiding officer may be overruled by the assembly. 205. It is sometimes thought, that, when a member, in the course of debate, breaks off his speech, and gives up the floor to another for a particular purpose, he is entitled to it again, as of right, when that purpose is accomplished ; but, though this is generally conceded, yet, when a member gives up the floor for one purpose, he does so for all ; and it is not possible for the presiding officer to take notice of and enforce agreements of this natiu'e between members. 206. Xo person, in speaki rg, is to mention a member then present by his name ; but to describe him by his seat in the assembly, or as the member who spoke last, or last but one^ or on the other side of the question, or by Informs tlie assembly what that motion is, and ihe> ve may be allowed to proceed. 122 PARLIAMENTARY PRACTICB. 6ome other equivaleut expression. The pur- pose of this rule is to guard as much as possible agaiust the excitement of all personal feeling, either of favor or of hostiht\', by sepa- rating, as it were, the official from the personal character of each member, and liaving regard to the former only in the debate. 207. If the presiding officer lises up to «peak, an}- other member, who may have risen for the same purpose, ought to sit down, in order that the former may be first heard ; but this rule does not authorize the presiding officer to interrupt a member, whilst speaking, or to cut off one to whom he has given the floor : he must wait like other members until such member has done speaking. 208. A member, whilst speaking, must re- main standing in his place, uncovered : and when he has finished his speech, he ought tc resume his seat ; but if unable to stand with- out pain or inconvenience, in consequence of age, sickness, or other infirmity, he may be indulged to speak sitting. Sect. II. As to the Manner of speaking. 209. Every question, that can be made in a deliberative assembly, is susceptible of being MATTER IN SPEAKING. 123 debated, * according to its nature ; that is, every member has the right of expressing his opinion upon it. Hence, it is a general rule, and the principal one relating to this matter, that, in debate, those who speak are to confine themselves to the question, and not to speak impertinently, or beside the subject. So long as a member has the floor, and keeps withia the rule, he may speak for as long a time as he pleases ; though, if an uninteresting speaker trespasses too much upon the time and pa- tience of the assembly, the members seldom fail to show their dissatisfaction in some way or other, which induces him to bring his re- marks to a close. 210. It is also a rule, that no person, in speaking, is to use indecent language against the proceedings of the assembly, or to reflect upon any of its prior determinations, unless he means to conclude his remarks with a motion to rescind such determination : but while a proposition under consideration is still * In legislative bodies, it is usual to provide, that certala quesiions, as, lor example, to aajourn, to lie on tlie table, fertile previous question, or, as to tlie order of bu&iness, sball be decided wiihout debate. [In Congress, all debate is interdicted.— ^rf.] 124 PARLIAMENTARY PRACTICE. pending, and not adopted, though it may have been reported bv a committee, reflections on it are no reflections on the assemblv. The rule applies equally to the proceedings of committees; which arc, indeed, the proceed- ings of the assemV)ly. 211. Another rule in speaking is, that no member is at liberty to diprress from the mat- ter of the question, to fall upon the person of another, and to speak reviling, nipping, or unmannerly words of or to him. The nature or consequences of a measure may be repro- bated in strong terms : but to arraign the motives of those who advocate it, is a person- ality and against order. 212. It is very often an extremely difficult and delicate matter to decide whether the re- marks of a member are pertinent or relevant to the (juestion : but it will, in general, be safe for the presiding officer to consider them so, unless they yery clearly reflect, in an improper manner, either upon the person or motives of a member, or upon the proceedings of the assembly : or the member speaking digresses from or manifestly mistakes the question. 213. It often happens in the consideration of a subject, that, whilst the general question MATTER IX SPEAKING. 125 remains the same, the particular question before the assembly is constantly changing ; thus, while, for example, the general question is on the adoption of a series of resolutions, the particular question may, at one moment, be on an amendment ; at another on postpone- ment ; and, again, on the previous question. In all these cases, the particular question supersedes, for the time, the main question ; and those who speak to it must confine their remarks accordingly. The enforcement of order, in this respect, requires the closest attention on the part of the presiding officer. 214. When a member is interrupted by the presiding officer, or called to order by a mem- ber, for irrelevancy or departing from the question, a question may be made as to whether he shall be allowed to proceed in his remarks, in the manner he was speaking when he was interrupted ; but, if no question is made, or if one is made and decided in the neg- ative, he is still to be allowed to proceed in order, that is, abandoning the objectionable course of remark. [The member addressing the chair, will say, " I rise to a point of order." Having stated the points which, in his opinion, show 12C PAULIASIENTAKY rRACTIC'E. tliat the S}>eakor is digressive and irrelevant in his remarks, the presiding officer will rule whether the memher is out of order or not. If an appeal is taken from the j)resi- dent's ruling, it is not dehatable. — Ki>.] Sect. III. As to timks ok stkakin*;. 21.'». The general rule, in all ddiherative assemhlies, unless it is otherwise Rj>eoiallv provided, is, that no member sh.ill speak more than once to the same question ;• although the nd time, has, in the course of tli<^ debate, changed liis ojtinion. [This rule exists in Congress, but in asi- semblies wliich have adopted no rule, mem- bers may speak twice to principal and sub- sidiary tpiestions, but not on questions of order that are debatable. Hut whether a member has spoken once or twice, he may sjieak again in e.\])lanation. — Kn.] *2i0. Tliis rule refers to the same question, • Tiie mover .and seconder, if they do not sj>e.ik to the question, at the time when the nmtion is m.ado .ind ser- onded. li.-we the same right with other membera to address the assembly. TIMES OF SPEAKING. 127 technically considered ; for, if a resolution is moved and debated, and then referred to a committee, those who speak on the introduc- tion of the motion may speak again on the question presented by the report of the com- mittee, though it is substantially the same question with the former ; and, so, members, who have spoken on the principal or main question, may speak again on all the sub- sidiary or incidental questions arising in the course of the debate. 217. The rule, as to speaking but once on a question, if strictly enforced, will prevent a member from speaking a second time without the general consent of the assembly, so long as there is any other member who himself desires to speak ; but, when all who desire to speak have spoken, a member may speak a second time by leave of the assembly. 218. A member may also be permitted to speak a second time, in the same debate, in order to clear a matter of fact ; or merely to explain himself in some material part of his speech ; or to the orders of the assembly, if they be transgressed (although no question may be made), but carefully keeping within that line and not falling into the matter itself; 128 PAULIAMKNTAUY rRACTICE. 219. It is sometimes supposed, that, be- cause a membor lias a riijht to explain him- self, 1m? therefore has a rij^ht to interrujU an- other niemher whilst speaking, in order to make the explanation : l)ut this is a mistake; he should wait until the member speakinj]^ has finished ; and if a memljcr, on Ijeinij requested, yields the floor for an exjdanation, he relin. quishes it ^Itogetlier. Skot. IV. As TO STOPPING Derate. 220. The only mode in use, in this eountry, until recently, for the j)urpo8e of jiutting an end to an unprofitable or tiresome debate, was by moving the previous question; the effect of which motion, as already explained, if decided in the affirmative, is to require the main or principal question to be immediately taken. When this question is moved, there- fore, it necessarily suspends all further con. eideration of the main (juestion, and precludes all further debate or amendment of it ; though, as has been seen, it stands in the same degree with postponement, amendment, and conmiit- ment ; and, unless in virtue of a special rule, cannot be moveassing between the presi(,ling officer and the member speaking; by going across the assembly-room, or walkitig up and down in it; or by any other disorderly deportment, STOPPIXG DEBATE. 131 which tends to disturb or disconcert a member who is speaking. 224. But, if a member speaking finds, that he is not regarded with that respectful atten- tion, which his equal right demands, — that it is not the inclination of the assembly to hear him, — and that by conversation or any other noise they endeavor to drown his voice, — it is his most prudent course to submit him- self to the pleasure of the assembly, and to sit down ; for it scarcely ever happens, that the members of an assembly are guilty of this piece of ill manners, without some excuse or provocation, or that they are so wholly inat- tentive to one, who savs anv thins^ worth their hearino'. 225. It is the duty of the presiding officer, in such a case, to endeavor to reduce the assembly to order and decorum; but, if his repeated calls to order, and his appeals to the good sense and decency of the members, prove ineffectual, it then becomes his duty to call by name any member who obstinately persists in irregularity ; whereupon the as- sembly may require such member to with- draw ; who is then to be heard, if he desires it, in exculpation, and to withdraw ; then the 132 PARLIAMENTARY rRACTICE. presiding officer states the otfence coininitted, and the assembly considers of the kind and degree of punishment to be inflicted. •220. If, on rt'|)eates; 227, If a member, in speaking, makes use of language, whith is personally offensive to another, or insultini' to the assend>lv, and the member offended, or any other, thinks jnoper to complain of it to the assembly, the course of proceeding is as follows : 228. Tlie member speaking is immediately interrupted in the course of his speecn, by another or several members rising and callinsr to order ; and, the member, who ol>jects or complains of the words, is then calleeating them exactly as he conceives them to have been spoken, in order that thev may be re)oye is the course of proceeding established by the writers of prreatest author- DISORDERLY WORDS. 135 ity *, and ought invariably to be pursued ; it might however be improved, by the member who objects to words writing them down at once, and thereupon moving that they be made a part of the minutes ; by which means, the presiding officer would be relieved from the responsibility of determining, in the first instance, upon the character of the words. 232. If offensive words are not taken notice of at the time they are spoken, f but the member is allowed to finish his speech, and then any other person speaks, or any other matter of business intervenes, before notice ia taken of the words which gave offence, the words are not to be written down, or the member using them censured. This rule is established for the common security of all the members ; and to prevent the mistakes which must necessarily happen, if words complained of are not immediately reduced to writing. * Mr. Hatsell, in England, and Mr. Jefferson, in this country. t Mr. Jefferson (§17) lays it down, that " disorderly words are not to be noticed till the member has finished his speech.' But in this, he is contradicted by Hatsell, as well as by the general practice of legislative bodies. 136 PAKLLVMEXTAKV I'KACTICE. CHAPTER XIII. OF THE QUESTION. 233. When any j>roposition is made to fl deliberative assembly, it is called a 7notion / when it is stated or j>roj»ounded to the as- sembly, for their acceptance or rejection, it is denominated a qut'stion ; and, when adopted^ it becomes the order^ resolution^ or vote^ of the assembly. 234. All the proceedings, which have thus far been considered, have only had for their object to bring a proposition into a form to be put to the question ; that is, to be adopted as the sense, will, or judgment, of the assembly, or to be rejected ; according as such j)ropo- gition may be fi>und to unite in its favor, or to fail of uniting, a majority of the mem- bers. 235. When any proposition, whether j)rinci- pal, subsidiary, or incidental, or of whatever nature it may be, is made, seconded, and stated, if no alteration is proposed, — or if it admits of none, or if it is amended, — and the FORM OF QUESTIOX. 137 debate upon it, if any, appears to be brought to a close, the presiding officer then inquires, whether the assembly is ready for the ques- tion ? and, if no person rises, the question is then stated, and the votes of the assembly taken upon it. 236. The question is not always stated to the assembly, in the precise form in which it arises or is introduced ; thus, for example, when a member presents a petition, or the chairman of a committee offers a report, the question which arises, if no motion is made, is. Shall the petition or the report he received'} and, so, when the previous question is moved, it is stated in this form. Shall the main ques' Hon he noio put f — the question being stated^ in all cases, in the form in which it will appear on the journal, if it passes in the affirmative. 237, In matters of trifling importance, or which are generally of course, such as re. ceiving petitions and reports, withdrawing motions, reading papers, &c., the presiding officer most commonly supposes or takes for granted the consent of the assembly, where no objection is expressed, and does not go through the formality of taking the question by a vote. But if, after a vote has been 138 I'AKI.IAMKN r AKV rK\< IKE. taken in this informal way and declarcMl, any inenil»er rises to object, the picsidin^ <^fticer should consiiltT every thing that lias passed as nothing, and, at once, go b,ick and juirsue the regular course of proceeding. Thus, if a petition is received, without a question, and the clerk is proceeding to read it, in the usual order of business, if any one rises to object, it will be the safest and most proper course, for the presiding othcer to require a motion for receiving it to be regularly made and sec- onded. liSs. The (piestion being stated by the pre- sily-room, and either counta them himself, or they are counted by tellers aj'poinled by him for the pur}>ose, or by moni- tors permanently appointed for tljat and other purposes; or the members rise in their seats, lirst on the alhrmative and then on the nega- tive, and (standing uncovered) are counted in the same manner. When the members are counted by the presiding officer, he announces the numbei-s and declares the result. When they are counted by tellers or monitors, the tellers must first agree among themselves, and then the one who has told for the majority reports the numbei-s to the presiding officer, who, thereupon, declares the result. YEAS AND NAYS. 141 242. The best mode of dividing an assembly, that is at all numerous, is for the presiding officer to appoint tellers for each division or section of the assembly-room, and then to require the membei'S, first those in the affirmative, and then those in the nega- tive, to rise, stand uncovered, and be counted ; this being done, on each side, the tellers of the several divisions make their returns, and the 23residing officer declares the result. 243. If the members are equally divided, the presiding officer may, if he pleases, give the casting vote ; or, if he chooses, he may refrain from voting, in which case, the motion does not prevail, and the decision is in the neg- ative. [See §25, also page 146, § 249. Note^ 244. It is a general rule, that every member, who is in the assembly-room at the time when the question is stated, has not only the right but is bound to vote ; and, on the other hand, that no member can vote, who was not in the room at that time. 245. The only other form of takinsr the question, which requires to be described, is one in general use in this country, by meang of which the names of the members votinsf on 142 PARLIAMENTARY rRACTlCK. the one side and on the other are ascertained and entered in the journal of the assembly. This mode, whioh is peculiar to the legislative bodies of the United States, is called taking the question by yeas anpearance of a debate ; but this can onlv be with the leave of the presiding officer, as otherwise the division might be j)r()l<^nged to an inconvenient length; nor can any (piestion be taken, for otherwise there might be division upon division without end. 249. When, from counting the assembly on a division, it appears that there is not a (pio- rum j)resent, there is no decision : but the mat- ter in question continues in the same state, in which it was before the division ; and, when afterwards resumed, whether on the same or on some future day, it must be taken up at that precise point. fit is 8<:)metimes claimed that it is tlie "duty of thepresidiii;^? officer to eive the casting: votf'," but this dei>en(is on the hiw. or the will of the assembly, as expressed in the rules which it has adopted to regulate its procnedinjos. In most assemblies the presi(lintr < ifflcer pives the casting vote according to a fixed rule or fustom; but it is not his '" diitv " to do so under ^f»n- eral parliamentary law.— The Constitution of the Uuitel States »er;»j7s the President of the Senate to vote on a tie only — but cloes not command it.' See Jj 'i^i. — Ed.] EKCONSIDERATION. 147 CHAPTER XIV. OF RECONSIDERATION. 250. It is a principle of parliamentary law, upon which many of the rules and proceedings previously stated are founded, that when a question has been once put to a deliberative assembly, and decided, whether in the affirm- ative or negative, that decision is the judgment of the assemblv, and cannot be asjain brousfht into question. 251. This principle holds equally, although the question proposed is not the identical question which has already been decided, but only its equivalent ; as, for example, where the negative of one question amounts to the affirmative of the other, and leaves no other alternative, these questions are the equiva- lents of one another, and a decision of the one necessarily concludes the other. 252. A common application of the rule as to equivalent questions occurs in the case of an amendment proposed by striking out words; in which it is the invariable practice to 148 PARLIAMEXTAKV PKACTICE. consider the negative of striking out as equiv- alent to the iifhrniative of agreeing ; so that to put a question on agreeing, after a question on striking out is negatived, would be, in effect, to put the same question twice over. 253. The princi])le above stated does not apply so as to prevent putting the same ques- tion in the different stages of any j)roceeding, as, fur exam})lc, in legislative bodies, the different stages of a bill ; so, in considering reports of committees, questions already taken and decided, before the subject was referred, may l)e again proposed ; and, in like manner, orders of the assemblv, and instructions or references to committees, may be discharged or rescinded. 254. The inconvenience of this rule, which is still maintained in all its strictness in the British j)arliament (though divers expedients arc there resorted to[as an explanatory or amending act] to counteract or evade it), has led to the introduction into the parliamentary practice of this country of the motion for re- consideration ; [which is not known in England] which, while it recognizes and upholds the rule in all its ancient strictness, yet allows a deliberative assembly, for sufficient reasons, to RECONSIDERATION. 149 relieve itself from the embarrassment and in- convenience, which would occasionally result from a strict enforcement of the rule in a particular case. 255. It has now come to be a common practice in all our deliberative assemblies, and may consequently be considered as a principle of the common parliamentary law of this country, to reconsider a vote already passed, whether affirmatively or negatively. 256. For this purpose, a motion is made and seconded, in the usual manner, that such a vote be reconsidered ; and, if this motion prevails, the matter stands before the assem- bly in precisely the same state and condition, and the same questions are to be put in re- lation to it, as if the vote reconsidered had never been passed. Thus, if an amendment by inserting words is moved and rejected, the same amendment cannot be moved again ; but, the assembly may reconsider the vote by which it was rejected, and then the question will recur on the amendment, precisely as if the former vote had never been passed. 257. It is usual in legislative bodies, to regulate by a special rule the time, manner, and by whom, a motion to reconsider may be 150 PARLIAMENTARY rUArTlCE. maarliainentary law; f<»r when the motion for reconsideration is made, and again when it prevails, the motion being a new one, neces- sarily brings uj) for discussion the merits of the original question. — Kd.l COMMITTEES. 151 CHAPTER XV. OF COMMITTEES. Sect. I Their Nature axd Fuxctioxs. 258. It is usual in all deliberative assera blies, to take the jDreliminary (sometimes, also, the intermediate) measures, and to -pre- pare matters to be acted upon, in the as- sembly, by means of committees, composed either of members specially selected for the particular occasion, or appointed beforehand tor all matters of the same nature. 259. Committees of the firsi kind are usually called select, the others standing^ though the former appellation belongs with equal propriety to both, in order to distinguish them from another form of committee, con- stituted either for a j^articular occasion, or for all cases of a certain kind, which is composed of all the members of the assembly, and there, fore denominated a committee of the whole* 260. The advantages of proceeding in this mode are manifold. It enables a deliberative assembly to do many things, which, from its Ib'Z TARLIAMENTARY PRACTICE. numljers, it would otherwise be unable to do; — to accom}»lish a much greater quantity of business, by dividing it among the members, than could possibly be aecomi)lished, if the whole body were obliged to devote itself to each particular subject ; — and to act in the preliminary and preparatory steps, with a greater degree of freedom, than is compatil)le with the forms of proceeding usually observed in full assembly, *261. Committees are appointed to consider a particular subject, either at large or under special instructions : to obtain information in reference to a matter before the assembly, either by personal inquiry and inspection, or by the examination of witnesses ; and to digest and put into the proper form, for the ado})tion of the assembly, all resolutions, votes, orders, and other papers, with which they may be charged. Committees are commonly said to be the " eves and ears" of the assem- bly ; it is equally true, that, for certain pur- poses, they are also its " head and hands." 2(j'2. The powers and functions of commit- tees depend chiefly upon the general authority and particular instructions given them by th« assembly, at the time of their appointment ; APPOINTMENT OF COMMITTEES. 153 but they may also be, and very often are, further instructed, whilst they are in the exer- cise of their functions ; and, sometimes, it even happens, that these additional instruc- tions wholly change the nature of a commit- tee, by charging it with inquiries quite differ- ent from those for which it was originally established. Sect. II. Their Appointment. 263. In the manner of appointing commit- tees, there is no difference between standing and other select committees, as to the mode of selecting the members to compose them ; and, in reference to committees of the whole, as there is no selection of members, they are appointed simply by the order of the assem- bly. 264. In the appointment of select commit- tees, the first thing to be done is to fix upon the number. This is usually effected in the same manner that blanks are filled, namely, by members proposing, without the formality of a motion, such numbers as they please which are then separately put to the question, beginning with the largest and going regularly 154 PARLIAMENTARY PRACTICE. through to the smallest, until the assembly comes to a vote. 265. The number being settled, there are three modes of selecting the members, to wit, by the appointment of the presiding officer, — by ballot, — and by nomination and vote of the assembly ; the first, sometimes in vu'tue of a standing rule, sometimes in pursuance of a vote of the assembly in a particular case ; the second always in pursuance of a vote ; the last is the usual course where no vote is taken. 26G. In deliberative assemblies, whose sit- tings ai'e of considerable length, as legislative bodies, it is usual to provide by a standing rule, that, unless otherwise ordered in a par- ticular* case, all committees shall be named by the presiding officer. Where this is the case, whenever a committee is ordered, and the number settled, the presiding officer at, once names the members to compose it. Some- times, also, the rule fixes the number, of which, unless otherwise ordered, committees shall consist. This mode of appointing a committee is frequently resorted to, where there is no rule on the subject. 267. When a committee is ordered to be APPOINTMENT OF COMMITTEES. 155 appointed by ballot, the members are chosen by the assembly, either singly or all together, as may be ordered, in the same manner that other elections are made ; and, in such elec- tions, as in other cases of the election of the officers of the assembly, a majority of all the votes given in is necessary to a choice. 268. When a committee is directed to be appointed by nomination and vote, the names of the members proposed are put to the ques- tion singly, and approved or rejected by the assembly, by a vote taken in the usual manner. If the nomination is directed to be made by the presiding officer, he may propose the names in the same manner, or all at once ; the former mode being the most direct and simple ; the latter enabling the assembly to vote more understandingly upon the several names pro- posed. When the nomination is directed to be made at large, the presiding officer calls upon the assembly to nominate, and names being mentioned accordingly, he puts to vote the first name he hears. 269. It is also a compendious mode of ap. pointing a committee, to revive one which has already discharged itself by a report ; or by charging a committee appointed for one pur- 156 TARLIAMEXTARY TRACTICE. pose with some additional duty, of the same or a different character. 270. In regard to the appointment of com- mittees, so far as the selection of the members is concerned, it is a general rule in legislative bodies, when a bill is to be referred, that none who speak directly against the body of it are to be of the committee, for the reason, that he who would totally destroy will not amend ; but, that, for the opposite reason, those who only take exceptions to some particulars in the bill are to be of the committee. This rule supposes the purpose of the commitment to be, not the consideration of the general merits of the bill, but the amendment of it in its par- ticular provisions, so as to make it acceptable to the assembly. 271. This rule, of course, is only for the guidance of the presiding officer, and the members, in the exercise of their discretion; as the assembly may refuse to excuse from serving, or may itself appoint, on a committee, persons who are opposed to the subject refer- red. It is customary, however, in all deliber- ative assemblies, to constitute a committee of such persons, (the mover and seconder of a measure being of course appointed,) a I PROCEEDIXGS OF COMMITTEES. 157 majority of whom, at least, are favorably in- clined to the measure proposed. [Practically the majority is taken from the political party dominant in the assembly, because a partisan measure is expected and desired. — .Ed.] 272. When a committee has been appointed, in reference to a particular subject, it is the duty of the secretary of the assembly to make out a list of the members, together with a certified copy of the authority or instructions under which they are to act, and to give the papers to the member first named on the list of the committee, if convenient, but, other- wise, to any other member of the committee. Sect. III. Their Organization and Manner of Proceeding. 273. The person first named on a committee acts as its chairman, or presiding officer, so far as relates to the preliminary steps to be taken, and is usually permitted to do so, through the whole proceedings ; but this is a matter of courtesy ; every committee having a right ta elect its own chairman, who presides over it, and makes the report of its proceedings to the assembly. 274. A committee is properly to receive 158 PARLIAMENTARY PRACTICE. directions from the assembly, as to the time and place of its meeting, and cannot regularly sit at any other time or place; and it may be ordered to sit immediately,whilst the assembly is sitting, and make its report forthwith. 275. When no directions are given, a com- mittee may select its own time and j)lace of meeting; l>ut, without a special order to that effect, it is not at liberty to sit whilst tho assembly sits; and, if a committee is sitting, when the assembly comes to order after an adjournment, it is the duty of the chairman to rise, instantly, on being ccrtitied of it, and, with the other members, to attend the service of the asscmblv. 276. In regard to its forms of proceeding, a committee is essentially a miniature assembly ; — it can only act when regularly assembled together, as a committee, and not by separate consultation and consent of the members ; nothini; beins: the asrreement or rei^ort ot a committee, but what is agretd to in that manner ; — a vote taken in committee is as binding as a vote of the assembly ; — a majority of the members is necessarv to constitute a quorum for business, unless a larger or smaller number has been fixed by the assembly itself; PROCEEDINGS OF COMMITTEES. 159 -^and a committee has full power over what- ever may be committed to it, except that it is not at liberty to change the title or subject. 277. A committee, which is under no direc- tions as to the time and place of meeting, may- meet when and where it pleases, and adjourn itself from day to day, or otherwise, until it has orone through with the business committed to it ; but, if it is ordered to meet at a par- ti^iular time, and it fails of doing so, for any cause, the committee is closed, and cannot act without being newly directed to sit. 278. Disorderly words spoken in a commit- tee must be written down in the same manner as in the assembly ; but the committee, as such, can do nothing more than rej^ort them to the assembly for its animadversion ; neither can a committee punish disorderly conduct of any other kind, but must report it to the assembly. 279. When any paper is before a committee whether select or of the whole, it mav either, have originated with the committee, or have been referred to them ; and, in either case, when the paper comes to be considered, the course is for it to be first read entirely through^ by the clerk of the committee, if there is oue. 160 PARLIAMENTARY PRACTICE. Otherwise by the chairraan ; and then t be read thi-ough again by paragraphs by the chairman, pausing at the end of each paragraj)h, and putting questions for amending, either by striking out or inserting, if j)roposed. This is the natural order of proceeding in considering and amending any paper, and is to be strictly adhered to in the assembly ; but the same strictness does not seem necessary in a com- mittee. 280. If the })aper before a committee is one Avhich lias originated with the committee, questions are put on amendments proposed, but not on agreeing to the several paragraphs of which it is composed, separately, as they are gone through with ; this being reserved for the close, when a question is to be put on the whole, for agreeing to the paper, as amend- ed, or unamended. 281. If the paper be one, which has been referred to the committee, they proceed as in the other case to put questions of amendment, if proposed, but no final question on the whole ; because all the j)arts of the paper, hav- ing been passed upon if not adopted by the assembly as the basis of its action, stand, of course, unless altered or struck out by a vote PROCEEDINGS OF COMMITTEES. 161 of the assembly. And even if the committee are opposed to the whole paper, and are of opinion, that it cannot be made good by amendments, they have no authority to reject it ; they must report it back to the assembly, without amendments, (specially stating their objections, if they think proper,) and there make their opposition as individual members.* 282. In the case of a paper originating with a committee, they may erase or interline it as much as they please ; though, when final- ly agreed to, it ought to be reported in a clear draft, fairly written, without erasure or inter- lineation. 283. But, in the case of a paper referred to a committee, they are not at liberty to erase, interline, blot, disfigure, or tear it, in any manner; but they must, in a separate paper, set down the amendments they have agreed to report, stating the words which are to be inserted or omitted, and the places where the amendments are to be made, by references to the paragraph or section, line, and word. 284. If the amendments agreed to are very * This rule is not applicable, of course, to those cases in which the subject, as well as the form or details of a paper, is referred to the committee. P. M. — 6 162 PARLIAMENTARY PRACTICE. numerous and minute, the committee may re- port them altogether, in the form of a new and amended draft. 285. When a committee has gone through the paper, or agreed upon a report on the sub- ject, which has been referred so them, it is then moved by some member, and tliereupon voted, that tlie committee rise, and that the chairman, or some other member, make their re])ort to the assembly. Sect. IV Thkih Report. 286. When the report of a committee is to be made, the chairman, or member appointed to make the report, standing in his place, in- forms the assembly, that the committee, to whom was referred such a subject or )>flper, have, according to order, had the same under consideration, and have directed him to make a report thereon, or to report the same with ' sundry amendments, or without amendment, as the case may be, which he is ready to do, when the assembly shall please ; and he or any any other member may then move that the report be now received. On this motion be- ing made, the question is put whether the as- REPORT OF COMMITTEE. 163 sembly will receive the report at that time; and a vote passes, accordingly, either to receive it then, or fixing upon some future time for its reception. 287. At the time, when, by the order of the assembly, the report is to be received, the chairman reads it in his place, and then de- livers it, together with all the papers, connect- ed with it, to the clerk at the table ; where it is again read, and then lies on the table, until the time assigned, or until it suits the conven- ience of the assembly, to take it up for con- sideration. 288. If the report of the committee is of a paper with amendments, the chairman reads the amendments with the coherence in the paper, whatever it may be, and opens the al- terations, and the reasons of the committee for the amendments, until he has gone through the whole ; and, when the report is read at the clerk's table, the amendments only are read Avithout the coherence. 289. In practice, however, the formality of a motion and vote on the reception of a report is usually dispensed with ; though, if any ob- jection is made, or if the presiding officer sees any informality in the report, he should decline 164 PARLIAMENTARY PRACTICE. receiving it without a motion and vote; and a report, if of any considerable lengtli, is seldom read, either by the chairman in his place, or by the clerk at the table, until it is taken up for consideration. In legislative assemblies, tlie printing of reports generally renders the read- inir of them unnecessarv. 290. The report of a committee being made and received, the committ'^e is dissolved, and can act no more without a new power ; but their authority may be revived by a vote, anted l»y the assembly, and be- comes the statement, reasoning, opinion, reso- lution, or other act, as the case may be, of the assembly ; the doings of a committee, when agreed to, adojited, or acc'e])ted, becoming the acts of the assembly, in the Bame manner as if done oriij^inallv l)v the assembly itself, without the interyention of a committee. *296. It would be better, however, and in stricter accordance with j>arliamentary rules, to state the final question on a rej^ort, according to the form of it. If the rej)ort contain merely a statement of facts, reasoning, or opinion, the question should be on acceptance ; if it also conclude with resolutions, or other specific pro- positions, of any kind, — the introductory part being consequently merged in the conclusion, — the question should be on agreeing to the resolutions, or on adopting the order, or other COMMITTEE OF THE WHOLE. 167 pi-oposition, or on passing or coming to the vote, recommended by the committee ; and the same should be the form of the question when the report consists merely of resolutions, &C.J without any introductory part. Sect. V. Committee of the Whole. 297. When a subject has been ordered to be referred to a committee of the whole, the form of going from the assembly into committee, is, for the presiding officer, at the time ap. pointed for the committee to sit, on motion made and seconded for the purpose, to put the question that the assembly do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If this question is determined in the affirma- tive, the result is declared by the presiding officer, who, naming some member to act as chairman of the committee, then leaves the chair, and takes a seat elsewhere, like any other member ; and the person appointed chairman seats himself (not in the chair of the assembly but) at the clerk's table. [It is now generally otherwise. Jeffe^^son's }fa7mal agrees with Mr. Cushing's, that the Chairman should take his seat at the clerk's IGy PARLIAMENTARY PRACTICE. table, but as a matter of fact, he usually takes the seat of the presiding officer, and the latter is permitted to take part in the proceedings as though he were a private menaber. — Ed.] 298. The chairman named by the presiding officer is generally acquiesced in by the com- mittee; though, like all other committees, a committee of the whole have a right to elect a chairman for themselves, some member, by general consent, putting the question. 299. The same number of members is nec- essary to constitute a oint8 of (litleix'iice between proceedings in the as- sembly ami in committees of the whole; in most other respects they are precisely similar. It is sometimes said, that in a committee of the whole, it is not necessary that a motion should be seconded. Tiiere is no fountlation, however, either in reason or parliamentary usage, for this oj»inion. 310. When a committee of the whole have gone through with the matter referred la them, a member moves tliat the committee rise, an»l that the chairman (or some other member) report their j)roceedings to the as- sembly ; which being resolved, llie chairman rises and goes to liis jdace, — the presiding of- ficer resumes the chair of ihe assembly, — and llie cliairman informs him, that the committee have iTone throu<'h with the business referred to them, and that he is rea.) 311. It sometimes happens, that the formal- ity of a motion and (question as to the time of CONCLUDING REMARKS. 173 receiving a report is dispensed with. If the assembly are ready to receive it, at the time, they cry out, "now, now," whereupon the chairman proceeds; if not then ready, some other time is mentioned, as '' to-morrow," or " Monday," and that time is fixed by general consent. But, when it is not the general sense of the assembly to receive the report at the time, it is better to agree upon and fix the time by a motion and question. [The report is merely tentative and advis- ory; amendments maybe amended or rejected, and matters stricken out by the committee of the whole or any other committee, may be re- stored by the assembly. — Ed.] CONCLUDING REMARKS. 312. In bringing this treatise to a close, it will not be deemed out of place, to make a suggestion or two for the benefit of those personSj who may be called upon to act as presiding officers, for the first time. 313. One of the most essential parts of the duty of a presiding officer is, to give the 174 PARLIAMENTARY TRACTICE. closest attention to the proceedings of the assembly, and, especially, to what is said by every member wlio speaks. Without the first, confusion will be almost certain to occur ; wasting the time, perliaps disturbing the har- mony, of the assembly. Tlie latter is not merely a decent manifestation of resj)ect for those who have elevated him to an honorable station ; but it tends greatly to encourage timid or diffident members, and to secure them a patient and attentive hearing ; and it often enables tlie presiding officer, by a timely interference, to check offensive language, in Reason, to prevent scenes of tumult and dis- order, such as have sometimes disgraced our legislative halls. 314. It should be constantly kept in mind by a })residing officer, that, in a deliberative assembly, there can regularly be but one ehinublic policy demand that this und(nibted right, and sometimes duty, should be exercisec' with discretion. In a country where the people are, at least, nominally, sovereign, and ultimately control, shape or reverse the acts of public as well as of private deliberative as- semblies, every act, speech and vote of their representatives should be exposed, at once, to the strong light of popular intelligence, for censure or approval; and practically, this is the final result, however much concealment ' may be attempted, or impunity from the con- sequences of questionable or guilty proceed- ings sought in secret deliberations and votes by the members of any representative body. CONCLUDING REMARKS. 17T Though many other deliberative assemblies, besides the Senate of the United States, on certain critical or delicate occasions, sit with closed doors, and keep their proceedings secret, yet for a great political body to shroud its acts in secrecy on questions of public in- terest, generally gives rise to partisan clamor and to allegations of guilt or corruption ; therefore its doors should be kept open when publicity, as is generally the case, is unobjec- tionable, and the national well-being is n©t imperilled by making the people partakers in the deliberations of their representative*. — - Ed.] INDEX. Thfji^m refer t» (he numbtn o/ the />ara^r,tfihf, AccEPTAN'CK bv the maker of a motion, of an amend- ment !»2. 1)3. ADDITION' of propositions, how effected, 88. Adjoiiin.mknt. without day, equivalent to a dissola tion, 13H. effect of. on business imder con«!i(|«'ratif)n, 14(). motion for, takes precedence of all other mo- tions, 1:17. when it may be amended, 137. form of, 138, 2(X>. A>fEN'DME\T. purposes of motions for, 00, 78. order of proceeding: in, 5>5, ISU. acceptance nf hy mover of proposition, {>2, 03, of amendments by striking out and. inserting, 107, 1<>S. of amendment, to be put before the original amendment, 110. of an amendment to an amendment, not al- lowed, t»C. object of such motion, how attained, 06, 07. cannot be made to what has been a^rreed to on a question, y<, in», 100, 101. INDEX. 179 Amendment, inconsistency of, with one already . adopted, 102, may show the absurdity of the original object of the proposition, 132. or may change the object, 128, 129, 133, or may defeat the object, 130, 131. Dy addition, 88. by separation, 89. by transposition, 90. by striking out, 94, 103 to 112. by inserting or adding, 94, 113 to 121. by striking out and inserting, 94, 122 to 127. Motion for, by striking out and inserting, 103, 104, 111, 122. may be divided, 122. may be amended, 126. manner of stating question on, 112, 121 127. precedence of question on 123. vo strike out, decided in tlie negative, equivalent to the affirmative of agreeing, 98, 100, 252. if passed may not be renewed, 103 to 106, 113 to 116, 119, 124, 125. stands in the same degree with the provious ques- tion, and indefinite postponement, 184. superseded by a motion to postpone to a day certain, or to commit, 185. may be amended, 96, 107, 117, 126, 184. effect of vote on, 94 to 127, 187. to be put before the original motion, 110, 120. &.POLOGY, 42. Assembly, Deijberative, purposes of, how ef« fected, 1. how organized, 2, 3. judgment of, how expressed, IC Assembling, time of, to be fixed beforehand, 23* place of, in possession of assembly, 9. 180 INDEX. AiTiiEXTiCATiON of acts, itc, of ft deliberative a»i sembly, 27, 32. Blanks, filling of, 84. with times or numbers, rule for, 8o, 86,87. See Precedence. Chaikman, preliminary election of, 3, See Preaidinij Officer. Clekk, 5. See liecording Officer. CoMMiTTKES, ol)jects and iuU aiitages of, 2.">8, 260, 2G1. \\ho to couipose, L'.*>s, l>7u. usually those favorable to the proposed meas- ure, 271. mode of ai)pointm»Mit of, 26.'5, 207, 268, 260. when by the presiding ollicor, under a standing rule, 2«)(]. how notified of their appointment, 32. 272, when and wher*' t(j sit, l'T4, :i7">, 277. selecty 2.50. how appointed, 264 to 260. standing, 2')0. what to be referred to, 74. instructions to, 75, 76, 77, 262. list of, A'c, given by the clerk to the member first appointed, 272. I>erson first appointed on, acts as chairman by courtesy, 273. proceed like other assemblies, 276, 270. may proceed by sub-committees, 3(K). mode of proceeding on a paper which has been referred to them, 270, 281, 28.3. mode of i)roceeding on a paper originating in thr committee, 270, 28f), 282. manner of closing session of, 28.5. report of, how 2iade, 282, 283, 284, 286, 287. 202. INDEX. 181 Committees, form of report of, 286, 292. mode of proceeding on report of, 292, 293, 294, 295, 296. acceptance of report of, 295. form of stating questions on report of, 295, 296. See Report. Committee of the Whole, of whom composed, 259 how constituted, 297. what a quorum of > 299. who presides over, 297, 298. who is clerk of, 301. proceedings of, similar to those of the assembly itself, 302, .309. mode of proceeding if one session does not com- plete the business, 304. who may speak in, and how often, 305. cannot refer any matter to another committee, 306. Committee of the Whole, cannot punish foi breaches of order, 308. disorderly words in, how noticed, 308. differences between and other committees, 802 to 308. presiding officer of assembly to remain in the room, during the session of, 300. See Reports, Disorderly Words. Commitment, definition and purposes of, 73. when a proper course, 60. what may be committed, 75, 76, 77. effect of a vote on a motion for, 183. motion for, may be amended, 181. supersedes a motion to amend, 185. is of the same degree with motions f(X the previous question and postponement, 182. See Committees. Commuxicatioxs to the assembly, how made, 44, 46, 48, 49. 182 INDEX. Consent of the assembly, in what oases, aiul how far, to be presumed by the presiding otticer, '.i.'), 2;{7, Contested Elections, 7. JSee lietunn*. Credentials of members, 7. Debate, iiropcr clmracttT of. 201. shoiiKl be contincd to the qm-stion, 209. usual mode of putting an end to, 220, 221. shortening, 222. See Spciikiiiij. Decorim, Breaches of, 37, :18, 39, 40, 41, 220, 224. how to be noticed, 40. remedy for. 224, 22."). 22»U liow a menilM'r is to pn»ceed to exculpate himself from a charge of. 40. See Disordniij WnnU, Onhr. Disorderly Words, course of procee*B Elections and Returns, 6, 7, 8. Expulsion, 42. Floor, how to obtain, 46. who has a right to, 47, 203, 504, 205. member in possession of, to be interrupted o> y by a call to order, 200, when usually allowed to the mover of a moti t, 204. when one relinquishes, for one piu-pose, he d « so for all purposes, 205, 219. Forms of proceeding, 10, 59, 315. See Order, Bules. INCIDENTAL Questions, 150 to 165. questions of order, 151 to 154. feading papers, 155 to 160. withdrawal of a motion, 161, I6?-, suspension of a rule, 163, 164. amendment of amendments, 165. See Question. Introduction of business, how accomplished, 43. See Rules. ■ Journal of a delibei-ative assembly, what and b iff kept, 32, 33. Judgment of an aggregate body, how^ evidenced, .'4, Lie on the table, purpose of motion for, 60, 71, 72, Motion for, cannot be amended, 170. when to be resorted to, 171. effect of vote on, 71, 72, 172, 173. takes precedence of all other subsidiarj motions, 171. List of members, 6. 184 INDEX. Main Question-, 63, 64, 135, 213. .Majority, decision by, on questions and electloui, Mb Memijeks, riglits and duties of, 36. l»unisluuents of, 42. not to ho jiresent at (iebates on matters concern* ing tluMuselves. 41, l'l'.'j, L';)0. proceetiiuijs on quarrels between, caution relating to, 314. Memhekship, rigbts of, bow decided, 8. ' Modification A a motion by tbe mover, 92- MoTioN, definition of. 4'), 50, 233. to be in writing. 54. to be secondfld. 5;i to 55 bow seconibil, 55. * wben in order, 247. subsidiary, need not be In writing, 54. but nuist be seconded, 55. to supjtn'ss ;i projxtsition, (\2. to be stated or rrad for tlie information of any member, 57. can be witlulrawn only by leave, 56, 02, notf. wben before tbe assend)ly, none otlier can be re- ceived, except privileged motions, 5.'5. Is not before tbe assembly, until stated by its presiding otticer, 108. not in order unless tbe maker be called to by tbe presiding otticer, 200. by one seated, or not addressing tlie cliair, not to be received, 200. principal and subsidiary, cannot be made to- getber, IIK). Naming a member, what, 40, 225. .*UMBKR9 prefixed to paragraphs of a proposition, not a part of it, Ul. INDEX. 185 Officers of an assembly, titles of, 5. who are, usually, 26. how appointed, and removable, 26. a majority, necessary to elect, 26. when not members of the assembly, 5. pro tempore, when to be chosen, 29. See Presiding Officer, Becording Officer, Order of a deliberative assembly, waat, 13. of business, 188 to 200 . . how established, 190. questions of, what, 152. how decided, 154, 248. form of, on appeal, 154. no debate upon, allowed during div/sioa, 248. rules of, to be enforced without delay, 15." r^ll to, effect of, 214. who may make, 151. interrupts the business under considera* tion 153. Aoe Disorderly Conduct, Disorderly Words. Orders of the Day, definition of, 142. motion for, a privileged question for the day, 143 to 145, 146. motion for, generally, supersedes other proposi- tions, 143, 144. being taken up, the business interrupted thereby is suspended, 147. fall, if not taken up on the day fixed, 149. unless by special rule, 149. Organization, necessity for, 1. usual mode of, 3. on report of a committee, 4. Papers and Documents, in whose custodVj 33^ ■Parliamentary Law common, whai-, 6. 10» See Rules, 186 INDEX. pAHLiAMEyTAfjY III r,Ks, wlionco (loriveil, IL in ejich ,stat«' liow formed, 11. See Rules. Petitions, ro(iui.sites to, 40, to W otTert'd by iiuMiihers, 49, 50. mode of oflferiiii;, '>1. to ]>«' read l»y the el^rk. if received. .12. H'giilar jiiid usual aelioii on pres»'nliiiL;. ')l, ."2- contents of. to be known by niemlM»r present ing,5u • to l>e in resiR'ctfnl language, .50. PosTPDXKMKNT, effect of vote on motion for, 180. motion for, may l>e amended, ]7*5. liow amendrd. 177, 17S. sui>«'r.s«Mlt'.s a motion to amend, 18-'). is not supersetied by a motion to commit or to annMid, 170. is of tbe sam«' degree with a motion for tlie previous question, 170. indejinitf, ]»urpose of motion for, <>(), (57. effeet of vote on motion for, (57. to a dm/ cfrUilu, purpose of motion for, 08, CO. an improper use {»f, 70. debate on it not allowed in Congress, 72. Power of assembly to eject strangers, 0. pRKAMBi.E, or title, usually considered after the papei is gone through with, 102. Precedence o/j»o^'o«.s, 171, 174, 179, 182, 180, 197» 22U. of queMions, 123, 1:34, 1.3.5, 153. as to reference to a committee, 74. on motions to fill blanks, 8."), 8»i, w7. questions of privilege take precedence of all u«4> tions but for adjournment, 141. President, 5. See Prtsidbvj Officer. INDEX. 187 Presiding Officer, duties of, 27, 30, 40, 225, 313, 314 to be first heard on questions of order, 207. how far member of an assembly, 5. not usually to take part in debate, 5, 202. but in committees of the whole, 307. or on point of order, 154. to give a casting vote, 5, 243. effect of not giving casting vote, 243. may not interrupt one speaking, but to call to order, 207. may not decide upon inconsistency of a proposed amendment with one already adopted, 102. Previous Question, motion for, purpose of, 60. form of, 64, 170. original use of, 63, 64, 65. present use of, 65, 66, 220. use of in England, 66. cannot be amended, 170. effect of vote on, 64, 65, 175. effect of negative decision of, 65. cannot be made in committee of the whole, 303. stands in same degree with other subsidiary mo- tions, except to lie on the table, 174. Privileged Questions, 186 to 149. adjournment, 137, to 140. questions of privilege, 141. orders of the day, 142 to 149. take precedence of all motions but for adjourn- ments, 141. when settled, business thereby interrupted to be resumed, 141. Proceedings, how set in motion, 43 Punishment of members, 41, 42. a question of, pending, the member to withdraw, 230. Quarrel between members, 38, 314 See Disorderlu Words 15^8 INDEX, Question-, dofinition of. 233 forms of. in us«'. ir>, iW), Til. when to U' put, L'.'>.">. mode of piittinj;. li.'W. on a sfiU's (tf ]>roiK)sitions. 10.1. on anuMitliaent'* r«'iM»rt«M| bv a conunlttee, IM. ino. jn. 242. 24.'. when anfl how decision of inav be questlonod, 2^^ 2;;*.». uli IIm' nienihers in the room wli^n a question i<» put are bound to vote uiH)n it, 244. tnenilxTs not in the room, cannot vote on, 244. wht'U taken by yea.s and nays, 24.'). mixle of takini;, in Massachusetts, 240. when and l»n\v to Ik- dividetl, 7'.'. how taken when divi dividj^l. s.'{. who may divid«', SI, 122. usually repnlati'd hy nde, 82. Incidental. detinertainoer necessary to express the will of the assembly, 2.>. See Heading o/pajyers, JSjieakituj, Secondary Qiestioxs, l(\Ct. See Subsidiary Questions, Seconding of motions, 55, 30fll INDEX. 193 Secret AKY, 5. See Becordwj Officer, Secret Session, sometimes necessary, but to be avoided if possible, 316. Separation of propositions, how effected, 89. Speaking, rules as to manner of, 203 to 208. as to matter in, 209 to 214, as to times of, 215 to 219. member, to stand uncovered, 203, 208, not to make personal remarks, 211. not to mention names of members, 206. lot to reflect on the assembly, or on its prior determinations, 210. », >nfined to the subject, 200, 213. aot to be interrupted, 2? S>^ .0 speak but once on the ?^\(^ ou^sstioi^ 215, 216, except by louv^ 2? 7. or to explain himself in a int* vav o»''tJ«t 218. 5see Debate^ Presiding Officer, Speech, reading of, by member, 157. Sitbsidiary Questions, 166 to 187. nature and effect of, 166. enumeration of, 167. cannot be applied to one another, 168. exceptions to this rule, 169. ie on the table, 171, 172, 17:3, Amendment, 184 to 187. previous question, 174, 175, postponement, 176, to 180. commitment, 181, 182, 183. Suspension of a rule 21, 163, 164. See Rules, 10*2 /M.KX Ti:ANN of propositions, how eflfecteJ, 9u VlCK-ritKMliKN r. (lutlos of, 5, 2& l>ee OJlcerg, Vt)TK, what, 13, 2ax VoTiso, rieht and duty of, 41, 244. prohibition from, 42. Will of an a»souibly, majority nwcssary to exprp»» wp<'clal nilo may dct^'nnlnc what proi>or lion uiiiy I'Xpn'Hs. I'o. WlTiiDKATVAL of a motlon. ran bo only by Ir^avc. R'l . effect of vote ui>on motion for leave for, ItJi Tkah and Xays, how takon, .'K, 24.'i. ill MavyichuHvttB. *J4*1. ^^hat numl>or of nn-mlH^rs may require, 2\ form of nuttiuK question. 24."^. rule of lijo senate of tlie Unitecctive numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of vears, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct The number of represent- atives shall not exceed one for every thirty thousand, but each State shall have at least one representative ; and until such enumer- ation shall be made, the State of New Hamp- shire shall be entitled to choose three : Mas- sachusetts, eight : Rhode Island and Prov- idence Plantations, one : Connecticut, five ; New York, six ; New Jersey, four : Pennsyl- vania, eight : Delaware, one ; Maryland, CONSTITUTION OF THE UNITED STATES. '95 six ; Virginia, ten ; North Carolina, five • South Carolina, five ; and Georgia, three. 4. When vacancies happen in the represent* ation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other ofificers, and shall have the sole power of impeachment Section III. — i. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof for six years ; and each Senator shall have one vote. 2. Immediately after they shall be assem- bled in consequence of the first election, they shall be diAided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expira- tion of the second year, of the second class at the expiration of the fourth year, and of tne third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine vears a citizen of the United 196 CONSTITUTION OF THE UNITED STATES. States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. 5. The Senate shall choose their other offi- cers, and also a President pro tempore in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting- for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside : and no person shall be convicted without the con- currence of two thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from of- tice, anddisqualitication to hold andenjoy any office of honor, trust, or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indict- ment, trial, judgment, and punishment, ac- cording to law. Sfxtion' IV. — I. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof ; but the Con- gress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. CONSTITUTION OF THE UNITED STATES. 197 2. The Congress shall assemble at least once in every year ; and such meeting shall be on the first IMonday in December, unless they shall by law appoint a different day. Section V. — i. Each house shall be the judge of the elections, returns, and qualifica- tions of its own members, and a majority of each shall constitute a quorum to do busi- ness ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendanceof absent members, in such manner and under such penalties as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for dis- orderly behavior, and with the concurrence of two thirds, expel a member. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section VI. — i. The Senators and Repre- sentatives shall receive a compensation foi their services, to be ascertained by law, and 198 CONSTITL TION OF THE UNITED STATES. paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during^ their attendance at the session of their respective houses, and in going to and returning from the same , and for any si)ccch or debate in either house they shad (not be questioned in any other place. 2. No Senator or Representative shall, during the lime for which he was elected, be appointed to any civil oflice under the authority of the I'nited States, which shall have been created, ortheemoluments where- of shall have been increased during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office. Section \'II. — i. All bills forraising rev- enue shall originate in the House of Rep- resentatives ; but the Senate may propose or concur with amendments, as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States ; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to that house in which it shall have originated ; who shall enter the objections at large on their journal, and proceed to reconsider it If after sucb CONSTITUTION OF THE UNITED STATES. 190 reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be recon- sidered ; and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him. the same shall be a law in like man- ner as if he had signed it, unless the Con- gress by their adjournment prevent its re- turn, in which case it shall not be a law. 3. Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him ; or being disap- proved by him, shall be re-passed by two- thirds of the Senate and House of Represent- atives, according to the rules and limitations prescribed in the case of a bill. Section VHI. — The Congress shall have power — I. To lay and collect taxes, duties, im- posts, and excises; to pay the debts and pro- 200 CONSTITUTION OP THE UNITED STATES. vide for the common defense and c^eneral welfare of the United States; but ail duties, imposts, and excises shall be uniform throughout the United States: 2. To borrow money on the credit of the United States: 3. To regulate commerce with foreip^n na- tions, and among the several States, and with the Indian tribes: 4. To establish a uniform rule of natural- ization, and uniform laws on the subject of bankruptcies throughout the United States: 5. To coin money, regulate the value there- of and of foreign coin, and to fix the standard of weights and measures: 6. To provide for the punishment of coun- terfeiting the securities and current coin of the United States: 7. Toestablish post-offices and post-roads: 8. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries: 9. To constitute tribunals inferior to the Supreme Court : 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations: 1 1 . To declare war. grant letters of marque and reprisal, and make rules concerning captures on land and water: 12. To raise and support armies; but no CONSTITUTION OF THE UNITED STATES. 201 appropriation of money to that use shall be for a longer term than two years : 13. To provide and maintain a navy : 14. To make rules for the government and regulation of the land and naval forces : 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions : ^ 16. To provide for organizing, arming, and disciplining the militia, and for govern- ing such parts of them as may be employed in the service of the United States : reserving to the States respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress. 17. To exercise exclusive legislation in all cases whatsoever, over such district (not ex- ceeding ten miles square) as may, by ces- sion of particular States, and the acceptance of Congress, become the seat of government of the United States : and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : — and 18. To make all laws which shall be nec- essary and proper for carrying into execu- tion the foregoing powers, and all other pow- ers vested by this Constitution in the govern- ment of the United States, or in any depart- ment or officer thereof. 202 CONSTITUTION' OF THE T'NITED STATES. Section- IX. — i. The immis^ration or im- portation of such persons ns any of the States now existing shall think pr()|HT to achnit. shall not be prohibited by the L'oni^ress prior to the year one thousantl eii^ht hmulred ann lifreinbcffirf dirrctfc entitled in C'onj^ress : but no Senator or Representative, or person holding an office of trust or profit under the United States shall be appointed an elector. 3. The electors shall meet in their respec- tive States, and vote by ballot for two per- sons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the govern- ment of the United States, directed to the President of the Senate. The President of tlie Senate shall, in the presence of the Senate and House of Representatives, open all the certiticates, and the votes shall then be counted. The person having the greatest number of votes shall be President, if such number be a majority of the whole number v-)f electors appointed ; and if there be more than one who have such a majority, and have an equal number of votes, then the House of Representatives shall immediately CONSTITUTION OF THE UNITED STATES. 205 choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest m the list, the said House shall, in like manner, choose a President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote : a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case after the choice of the President, the person having the great- est number of votes of the electors shall be Vice-President. But if there should remain two or more who have equal votes, the Sen- ate shall choose from them, by ballot, the Vice-President. 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President : neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of 206 CONSTITUTION OF THE UNITED STATES. the said office, the same shall devolve on the Vice-President ; and the Congress may, by law, provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President ; and such officer shall act accordingly until the disability be removed, or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor dimin- ished during the period for which he shall have been elected ; and he shall not receive withm that period any other emolument from the United States, or any of them. 8. Before he enters on the execution of his office, he shall take the following oath or affirmation : "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States ; and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Section II — i. The President shall be Com- mander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States. He may require the opin- ion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respec- tive offices ; and he shall have power to grant reprieves and pardons for offenses CONSTITUTIOX OF THE UNITED STATES. 207 against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur ; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors and other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law. But the Con- gress may, by law, vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to hll up all vacancies that may happen during the recess of the Senate, by granting commis- sions, which shall expire at the end of their next session. Section III. — i. He shall, from time to time, give to Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on ex- traordinary occasions, convene both houses, or either of them ; and in case of disagree- ment between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper. He shall receive ambassadors and other public min- 208 CONSTITUTION OF THK UNITED STATES. isters. He shall take care that the laws be faithfully executed ; and shall commission all othcers of the United States. Sfxtion IV. — The President, Vice-President, and all civil officers of the United States, shall be removed from oftice on impeachment for, and conviction of, treason, bribery, or other high crimes an new State shall be formed or erected within the jurisdiction of any other State, or any State be formed by the junction of two or more States, or parts of States, without the CONSTITUTION OF THE UNITKD STATES. 211 consent of the legislatures of the States con- cerned, as well as of Congress. 2. Congress shall have power to dispose of, and make all needful rules and regula- tions respecting the territory or other prop- erty belonging to the United States ; and nothing in this Constitution shall be so con- strued as to prejudice any claims of the United States, or of any other particular State. Section IV. — The United States shall guar- antee to every State in this Union a republi- can form of government, and shall protect each of them against invasion ; and, on ap- plication of the legislature, or of the executive (when the legislature cannot be '^^nvened), against domestic violence. ARTICLE V. The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution ; or, on the application of the legislatures of two thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid, to all intents and purposes, as parts of this Consti- tution, when ratified by the legislatures of three fourths of the several States, or by con- ventions in three fourths thereof, as the one or the other mode of ratification maybe pro- posed by Congress ; provided that no amend- ment which may be made prior to the year one thousand eight hundred and eight shall 212 CONSTITUTION OP THE UNITED STATES. in any manner affect the lirst and fourth clauses in the nintli section of the lirst article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Sen- ate. ARTICLE VI. 1. All debts contracted, and enga^^cmcnts entered into, before the adoption of this Con- stitution, shall be as valid ai^ainst the United States under this Constitution as under the Confederation. 2. This Constitution, and the laws of the United States which shall be made in pursu- ance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the Judg^es in every State shall be bound thereby, anything in the constitu- tion or laws of any State to the contrary not- withstanding. 3. The Senators and Representatives be- fore mentioned, and the members of the several State legislatures, and all executive and judicial othcers, both of the United States and of the several States, shall be bound by oath or aflirmation to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. The ratification of the conventions «f nine CONSTITUTION OF THE UNITED STATES. 213 States shall be sufficient for the establish- ment of this Constitution between the States so ratifying the same. Done in convention by the unanimous con- sent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty- seven, and of the Independence of the United States of America the twelfth. In witness whereof we have hereunto sub- scribed our names. George Washington, Presidejit, and Deputy from Virginia, AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. Article I. — Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ; or abridging the freedom of speech or of the press ; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Article II. — iV well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Article III. — No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. Article IV. — The right of the people to be 214 CONSTITUTION OF THE UNITED STATES. secure in their persons, houses, papers, and effects, against unreasonable searches and sei7Aircs, shall not be violated ; and no war- rants shall issue but upon probable cause, supported by oath or aftirmation, and particu- larly describing the place to be searched, and the persons or things to be seized. Article V. — No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indict- ment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any person be sub- ject for the same offense to be put twice m jeoj^ardy of life or limb ; nor shall be com- pelled in any criminal case to be witness against himself; nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use without just compensation. Article VI. — In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of tlie State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law ; and to be in- formed of the nature and cause of the accusa- tion ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his de- fense. CONSTITUTION OF THE UNITED STATES. 215 Article VII. — In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. Article VIII. — Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article IX. = — The enumeration in the Con- stitution of certain rights shall not be con- strued to deny or disparage others retained by the people. Article X. — The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Article XI. — The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state. Article XII. — i. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themelves. They shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President ; and they shall make distinct lists of all persons voted for as 216 CONSTITUTION OF THE UNITED STATES. President, and of all persons voted iur as Vice-President, and of the number of votes for each ; which lists they shall sign and cer- tify, and transmit sealed to the seat o( the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, oj^en all the certiticates, and the votes shall tlien be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed : and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. Put, in choosing the President, the votes shall be taken by States, the repre- sentation from each State having one vote : a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a Presi- dent, whenever the right of choice shall de- volve upon them, before the fourth day of March next following, then the Vice-Presi- dent shall act as President, as in the case of the death or other constitutional disability of the President. 2. The person having the greatest number CONSTITUTION OF THE UNITED STATES. 217 of votes as Vice-President shall be the Vice- President, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list the Sen- ate shall choose the Vice-President. A quo- rum for the purpose shall consist of two- thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Article XIII. — Seclion I. — Neither slavery nor involuntary servitude, except as a pun- ishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section II. — Congress shall have power to enforce this Article by appropriate legislation. Article XIV. — Section I. — All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which ;hall abridge the privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty, or ^Toperty, without due process of law ; nor deny to any person within its jurisdiction the equal protection of the laws. Section II. — Representatives shall be ap- 218 COXSTITUTJON OF THE UNITED STATES. portioned amoni^ the several States according to their respective numbers, counting the whole number of persors in each State, ex- chiding Indians not taxed. But when the ri