CHAPTER LXVII.

AMENDMENTS; DIVISION OF A QUESTION, AND ITS MODIFICATION; DIFFERENT MOTIONS TO AMEND; FILLING BLANKS; ORDER OF PROCEEDING IN CONSIDERING AND AMENDING PAPERS.

§1. WHEN a proposition or a question contains more parts than one, it may, by consent of the assembly, be divided into two or more questions. So also, if there are several names in a proposition, they may be divided, and put one by one.

§ 2. The mover of a proposition is sometimes allowed to modify it, after it has been stated as a question by the presiding officer. And sometimes, after an amendment has been moved and seconded, the mover of the original proposition consents to the amendment, and it is accordingly made. But if objected to, such modification and amendment can only be made by permission of the assembly, by a motion and vote. Nor may the mover of a proposition, after it has been stated as a question, withdraw it, without similar leave.

§ 3. One way of amending a proposition, is by striking out certain words, or a paragraph. Before a question is put on a proposed amendment by striking out, those desiring to retain the paragraph, should amend it, if it needs amendment, before the vote on striking out is taken; as it can not be restored, if struck out, nor amended, if retained.

§ 4. When it is proposed to amend by inserting or adding a paragraph, or a part of one, its friends should make it as acceptable as they can, by amendments, before the question is put for inserting; as it can not be amended by inserting the same words afterward. If, however, the same words are connected with others, so as to make a different proposition, a motion to insert the same words is in order.

§ 5. When it is moved to amend by striking out or inserting certain words, or a paragraph, 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 or inserted; and lastly the passage as it will be when amended.

§ 6. Another form of amending a proposition is, to strike out certain words and insert others in their place. The manner of stating a question of this kind, is, first, to read the passage as it stands at present; then the words to be struck out; next those to be inserted; and lastly, the passage as it will stand if amended. If desired, the question may then be divided by a vote of the assembly: if divided, the question is first taken on striking out; and, if carried, it is next put on inserting the words proposed. If that question is lost, it may be moved to insert others.

7. If a motion to amend by striking out and inserting, is put, undivided, and decided in the negative, the same motion can not be made again; but it may be moved to strike out the same words, and insert others of a tenor different from those first proposed. If this motion is negatived, it may be moved to strike out the same words, and insert nothing. Motions may, in various other ways, be made to amend by striking out or inserting words formerly proposed to be struck out or inserted, or a part of them; provided they are so connected with others not before proposed, as to make a different proposition.

§ 8. If a motion to strike out and insert is decided in the affirmative, it can not be moved, either to insert the words struck out, or a part of them, or to strike out those inserted, or a part of them; but the words struck out, or a part of them, may be inserted with others; and the words inserted, or a part of them, may be struck out with others.

§ 9. A proposed amendment may itself be amended; but a motion to amend an amendment to an amendment of a main question, is not admitted. Such an accumulation, or piling of questions, would embarrass the action of an assembly. The same result must be sought by deciding against the amendment of the amendment in the form proposed, and then moving it again as it is wished to be amended. In this form it becomes only an amendment of an amendment. A person desiring to amend an amendment should give notice, that, if rejected in its present form, he will move it again in the form in which he wishes it adopted; in which

case, those who prefer the latter may join in rejecting the former.

§ 10. Propositions are sometimes introduced with blanks, purposely left by the mover, to be filled with times and numbers by the assembly. The matter to be inserted, however, is not properly considered as an amendment to a question, but rather as an original motion, to be decided before the principal question. Motions may be made to fill blanks, and the question put on each before another is made. But the usual and better mode is, to have several propositions first made, and then take the question on them in regular order.

§ 11. In filling blanks, it is not the rule in all assemblies, as some suppose, that the largest sum or number, and longest time, are always to be first put to the question; although such is probably the general rule. A better rule is said to be this: In all cases of time or number, if the larger comprehends the lesser, we must begin with the greatest, and go down until an affirmative vote is obtained. But if the lesser includes the greater, the question must be first put on the least, and go up until a vote is reached.

§ 12. But it is not, in all cases, easy to determine, whether the larger includes the lesser, or the lesser the greater; as will appear from the fact, that Mr. Jefferson, in his Manual, mentions, among others, as belonging to the former class, the question, to what day a postponement shall be; and to the latter, the question, on what day the session shall be closed by adjournment. Another author assigns to the former class, the amount of a fine; and to the latter, the amount of a tax. In these and other cases mentioned, the distinction might not, at first thought, appear to every presiding officer.

§ 13. Therefore, in explanation of this rule, it is said, that the object is, not to begin at that extreme number or time, which, and more, being within every man's wish, none can vote against it; and yet, if it should be carried in the affirmative, every question for more would be precluded; but at that extreme which will unite few, and then to advance or recede, until a number or time is reached that will unite a majority.

§14. To illustrate: Take the question of postponement, (§ 12,) and suppose three days named to fill a blank, the

first, tenth, and twentieth of any month. Here the greater includes the lesser; because, if the time of postponement extends to the furthest day named, it of course extends to or beyond the earliest ; or, the earliest or a later day is within every man's wish. But if the above named days were proposed as days on which to adjourn, the lesser would include the greater; for, if the assembly adjourns on the first day of the month, it will of course be adjourned on the twentieth : and as all wish for the adjournment as early as the twentieth, or earlier, the beginning should be at the other extreme. But the difficulty of applying this rule in many cases, is perhaps a reason why it is the general rule to take the question first on the largest number and longest time.

§ 15. The natural order in considering and amending any paper containing several distinct propositions, is to begin at the beginning, and proceed through it by paragraphs; and it is not in order to go back and amend any former part. This, however, is sometimes allowed, especially in small bodies, where a strict adherence to the rule is less necessary.

§ 16. To the above rule there is an exception. In the case of a resolution, or series of resolutions, or other paper, having a preamble or title, the preamble or title is postponed until the other parts are gone through with. Also the title of a bill in a legislative body is so postponed. The reason is, that such alterations may be made in the body of the bill, as shall require an alteration of the title.

§ 17. In considering a paper consisting of several paragraphs, as a bill, resolutions, draft of an address, &c., the whole paper is to be read, first by the clerk, and then by the presiding officer, by paragraphs, pausing at the end of each, and putting questions for amending, if amendments are proposed; and when the whole paper has been gone through with, the question is taken on agreeing to or adopting the whole paper, as amended, or unamended.

§ 18. In considering a paper which has been referred to a committee, and reported back to the assembly, the amendments only are read, in course, by the clerk. The presiding officer then reads the first, and puts it to the question, and so on, until all are adopted or rejected, before any other amendment is admitted, except an amendment to an

amendment. When the amendments reported by the committe have been disposed of, the presiding officer pauses for amendments to be proposed to the body of the paper. So also he pauses for this purpose if the paper was reported without amendments, putting no questions but on amendments proposed. Having gone through the whole, he puts the question on agreeing to or adopting the paper, as the resolution or order of the assembly.

CHAPTER LXVIII.

ORDER OR PRIORITY OF QUESTIONS;

PRIVILEGED QUES

TIONS; SUBSIDIARY AND INCIDENTAL PRIVILEGED

QUESTIONS.

§ 1. Ir is a general rule, that the question first moved and seconded, shall be first put. But this rule gives way to what are called privileged questions; and these privileged questions again have priority among themselves.

§ 2. A motion to adjourn takes place of all others. But this motion can not be received after another question is put, and the assembly is engaged in voting. Nor, after a motion to adjourn is negatived, can the motion be renewed, until some other proceeding has taken place.

§ 3. Orders of the day take the place of all other questions, except for adjournment, and the incidental question, the question of privilege. ($15.) Orders of the day are subjects which have, by an order of the assembly, been assigned for a particular day. Hence, when the day fixed for the consideration of these subjects arrives, they are privileged questions for that day. But a motion for the orders of the day, to give it precedence, must be for the orders gonerally, if there is more than one, and not for any particular one; and, if carried, they must be read and gone through with, in the order in which they stand, unless some particular subject is taken up out of its regular order, by a special

vote.

§4. Another class of privileged questions, are those which