per Speaker Onslow. 2 Hats., 141. But | But if it be read more than once in the what is done only by one Parliament, can- same day, he may speak once at every readnot be called custom of Parliament, by ing. Co., 12, 115; Hakew., 148; Scob., 58; Prynne. 1 Grey, 52. SEC. XVI.-ORDER RESPECTING PAPERS. The Clerk is to let no journals, records, accounts, or papers be taken from the table or out of his custody. 2 Hats., 193, 194. Mr. Prynne, having at a Committee of the Whole amended a mistake in a bill without order or knowledge of the committee, was reprimanded. I Chand., 77. A bill being missing, the House resolved that a protestation should be made and subscribed by the members "before Almighty God, and this honorable House, that neither myself, nor any other to my knowledge, have taken away, or do at this present conceal a bill entitled," &c. 5 Grey, 202. After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into. Town. col., SEC. XVII.-ORDER IN Debate. 209. When the Speaker is seated in his chair, every member is to sit in his place. Scob., 6; Grey, 403. When any member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the House, or any particular member, but to the Speaker, who calls him by his name, that the House may take notice who it is that speaks. Scob., 6; D'Ewes, 487, col. 1; 2 Hats., 77; 4 Grey, 66; 8 Grey, 108. But members who are indisposed may be indulged to speak sitting. 2 Hats., 75, 77; 1 Grey, 143. [In Senate, every member, when he speaks, shall address the Chair standing in his place, and, when he has finished, shall sit down. Rule 3.] When a member stands up to speak, no question is to be put, but he is to be heard, unless the House overrule him. 4 Grey, 390; 5 Grey, 6, 143. If two or more rise to speak nearly together, the Speaker determines who was first up, and calls him by name, whereupon he proceeds, unless he voluntarily sits down and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision, in which case the question is put, "which member was first up?" 2 Hats., 76; Scob., 7 ; D'Ewes, 434, col. Ì, 2. [In the Senate of the United States, the President's decision is without appeal. Their rule is: When two members rise at the same time, the President shall name the person to speak; but in all cases the member who shall first rise and address the Chair shall speak first. Rule 38.] No man may speak more than once on the same bill on the same day; or even on another day, if the debate be adjourned. 2 Hats., 75. Even a change of opinion does not give a right to be heard a second time. Smyth's Comw. L. 2, c. 3; Arcan. Parl., 17. in these words: No member shall speak [The corresponding rule of the Senate is more than twice, in any one debate, on the same day, without leave of the Senate. Rule 39.] But he may be permitted to speak again to clear a matter of fact, 3 Grey, 357, 416; or merely to explain himself 2 Hats., 73, in some material part of his speech, Ib., 75; keeping himself to that only, and not or to the manner or words of the question, traveling into the merits of it, Memorials in Hakew., 29; or to the orders of the House if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew., 30, 31. But if the Speaker rise to speak, the member standing up ought to sit down, that he may be first heard. Town., col. 205; Hale Parl., 133; Mem. in Hakew., 30, 31. Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38. No one is to speak impertinently or beside the question, superfluous, or tediously. Scob., 31, 33; 2 Hats., 166, 168; Hale Parl., 133. No person is to use indecent language against the proceedings of the House; no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it. 2 Hats., 169, 170; Rushw., p. 3, v. 1, fol. 42. But while a proposition under consideration is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House. 9 Grey, 508. No person, in speaking, is to mention a member then present by his name, but to describe him by his seat in the House, or who spoke last, or on the other side of the question, &c., Mem, in Hakew., 3; Smyth's Comw., L. 2, c. 3; nor to digress from the matter to fall upon the person Scob., 31; Hale Parl.,133; 2 Hats., 166 by speaking, reviling, nipping, or unmannerly words against a particular member. Smyth's Comu., L. 2, c. 3. The consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who propose to advocate it is a personality, and against order. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress. Ord. Com., 1604, Apr. 19. [When a member shall be called to order by the President or a Senator, he shall sit down; and every question of order shall be decided by the President, without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate on any question of order. Rule 40.] [No member shall speak to another or otherwise interrupt the business of the Senate, or read any newspapers while the journals or public papers are being read, or when any member is speaking in any debate. Rule 38.] No one is to disturb another in his speech by hissing, coughing, spitting, 6 Grey, 382; Scob., 8; D'Ewes, 332, col. 1, 640, col. 2, speaking or whispering to another, Scob., 6; D'Ewes, 487, col. 1; nor stand up to interrupt him, Town., col. 205; | Mem. in Hakew., 31; nor to pass between the Speaker and the speaking member, nor to go across the House, Scob., 6, to walk up and down it, or to take books or papers from the table or write there, 2 Hats., 171. Nevertheless, if a member finds that it is not the inclination of the House to hear him, and that by conversation or any other noise they endeavor to drown his voice, it is his most prudent way to submit to the pleasure of the House, and sit down; for it scarcely ever happens that they are guilty of this piece of ill-manners without sufficient reason, or inattentive to a member who says anything worth their hearing. 2 Hats., 77, 78. If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in irregularity; whereupon the House may require the member to withdraw. He is then to be heard in exculpation, and to withdraw. Then the Speaker states the offense committed; and the House considers the degree of punishment they will inflict. Hats., 167, 7, 8, 172. 2 For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc., 82; 3 Grey, 128; 4 Grey, 328; 5 Grey, 382; 6 Grey, 254; 10 Grey, 8. Whenever warm words or an assault have passed between members, the House, for the protection of their members, requires them to declare in their places not to prosecute any quarrel, 3 Grey, 128, 293; 5 Grey, 280; or orders them to attend the Speaker, who is to accommodate their differences, and report to the House, 3 Grey, 419; and they are put under restraint if they refuse, or until they do. 9 Grey, 234, 312. Disorderly works are not to be noticed till the member has finished his speech. 5 Grey, 356; 6 Grey, 60. Then the person objecting to them, and desiring them to be taken down by the Clerk at the table, must repeat them. The Speaker then may di rect the Clerk to take them down in his minutes; but if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the Clerk to take them down, as stated by the objecting member. They are then a part of his minutes, and when read to the offending member, he may deny they were his words, and the House must then decide by a question whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. If the House is satisfied, no further proceeding is necessary. But if two members still insist to take the sense of the House, the member must withdraw before that question is stated, and then the sense of the House is to be taken. 2 Hats., 199; 4 Grey, 170; 6 Grey, 59. When any member has spoken, or other business intervened, after offensive words spoken, they cannot be taken notice of for censure. And this is for the common security of all, and to prevent mistakes which must happen if words are not taken down immediately. Formerly they might be taken down at any time the same day. 2 Hats, 196; Mem. in Hakew., 71; 3 Grey, 48; 9 Grey, 514. Disorderly words spoken in a committee must be written down as in the House; but the committee can only report them to the House for animadversion. 6 Grey, 46. [The rule of the Senate says: If the member be called to order by a Senator for words spoken, the exceptionable words shall immediately be taken down in writing, that the President may be better able to judge of the matter. Rule 37.] In Parliament, to speak irreverently or seditiously against the King, is against order. Smyth's Comw., L. 2, c. 3; 2 Hats., 170. It is a breach of order in debate to notice what has been said on the same subject in the other House, or the particular votes or majorities on it there; because the opinion of each House should be left to its own independency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two Houses. 2 Grey, 22. Neither House can exercise any authority over a member or officer of the other, but should complain to the House of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member of another House, it is difficult to obtain punishment, because of the rules supposed necessary to be observed (as to the immediate noting down of words) for the security of members. Therefore it is the duty of the House, and more particularly of the Speaker, to interfere immediately, and not to permit expressions to go unnoticed which may give a ground of complaint to the other House, and introduce proceedings and mutual accusations between the two Houses, which can hardly be terminated without difficulty and disorder. 3 Hats., 51. present any petition, memorial, or address, or to hear any such read. Rule 19.] The only case where a member has a right to insist on anything, is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution, any person has other whose duty it is, shall carry it into execution; and no debate or delay can be had on it. Thus any member has a right to have the House or gallery cleared of strangers, an order existing for that purpose; or to have the House told when there is not a quorum present. 2 Hats., 87, 129. How far an order of the House is binding, see Hakew., 392. No member may be present when a bill or any business concerning himself is de-a right to insist that the Speaker, or any bating; nor is any member to speak to the merits of it till he withdraws. 2 Hats., 219. The rule is, that if a charge against a member arise out of a report of a committee, or examination of witnesses in the House, as the member knows from that to what points he is to direct his exculpation, he may be heard to those points before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order or matter arising in the debate, then the charge must be stated, (that is, the question must be moved,) himself heard, and then to withdraw. 2 Hats., 121, 122. Where the private interests of a member are concerned in a bill or question he is to withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary, not only to the laws of decency, but to the fundamental principle of the social compact, which denies to any man to be a judge in his own cause, it is for the honor of the House that this rule of immemorial observance should be strictly adhered to. 2 Hats., 119, 121; 6 Grey, 368. No member is to come into the House with his head covered, nor to remove from one place to another with his hat on, nor is he to put on his hat in coming in or removing, until he be set down in his place. Scob., 6. A question of order may be adjourned to give time to look into precedents. 2 Hats., 118. In Parliament, all decisions of the Speaker may be controlled by the House. 3 Grey, 319. SEC. XVIII.-ORDERS OF THE HOUSE. Of right, the door of the House ought not to be shut, but to be kept by porters, or Sergeants-at-Arms, assigned for that purpose. Mod. ten. Parl., 23. [By the rules of the Senate, on motion made and seconded to shut the doors of the Senate on the discussion of any business which may, in the opinion of a member, require secrecy, the President shall direct the gallery to be cleared; and during the discussion of such motion the doors shall remain shut. Rule 64.] [No motion shall be deemed in order to admit any person or persons whatsoever within the doors of the Senate chamber to But where an order is made hat any particular matter be taken up on a particular day, there a question is to be put, when it is called for, whether the House will now proceed to that matter? Where orders of the day are on important or interesting matter, they ought not to be proceeded on till an hour at which the House is usually full, [which in Senate is at noon.] Orders of the day may be discharged at any time, and a new one made for a different day. 3 Grey, 48, 313. When a session is drawing to a close, and the important bills are all brought in, the House, in order to prevent interruption by further unimportant bills, some times comes to a resolution that no new bill be brought in, except it be sent from the other House. 3 Grey, 156. All orders of the House determine with the session; and one taken under such an order may, after the session is ended, be discharged on a habeas corpus. Raym., 120; Jacob's L. D. by Ruff head; Parliament, 1 Lev., 165, Pritchard's case. [Where the Constitution authorizes each House to determine the rules of its proceedings, it must mean in those cases (legislative, executive, or judiciary) submitted to them by the Constitution, or in something relating to these, and necessary toward their execution. But orders and resolutions are sometimes entered in the journals having no relation to these, such as acceptances of invitations to attend orations, to take part in processions, &c. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are therefore, perhaps, improperly placed among the records of the House.] SEC. XIX.-PETITION. A petition prays something. A remonstrance has no prayer. 1 Grey, 58. Petitions must be subscribed by the petitioners, Scob., 87; L. Parl, c. 22; 9 Grey, 362, unless they are attending, 1 Grey, 401, or unable to sign, and averred SEC. XXI.-RESOLUTIONS. When the House commands, it is by an "order." But fact, principles, and their own opinions and purposes, are expressed in the form of resolutions. by a member, 3 Grey, 418. But a petition | against further debate, yet, if he chooses, not subscribed, but which the member he has a right to go on. presenting it affirmed to be all in the handwriting of the petitioner, and his name written in the beginning, was on the question (March 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the handwriting of the petitioners, is necessary, if it be questioned. 6 Grey, 36. It must be presented by a member-not by the petitioners, and must be opened by him holding it in his hand. 10 Grey, 57. [Before any petition or memorial addressed to the Senate shall be received and read at the table, whether the same shall be introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer. Rule 14.] Regularly a motion for receiving it must be made and seconded, and a question put, whether it shall be received? but a cry from the House of "received," or even its silence, dispenses with the formality of this question. It is then to be read at the table and disposed of. SEC. XX.-MOTIONS. When a motion has been made, it is not to be put to the question or debated until it is seconded. Scob., 21. [The Senate says: No motion shall be debated until the same shall be seconded. Rule 42.] It is then, and not till then, in possession of the House, and cannot be withdrawn but by leave of the House. It is to be put into writing, if the House or Speaker require it, and must be read to the House by the Speaker as often as any member desires it for his information. 2 Hats., 82. [The rule of the Senate is, when a motion shall be made and seconded, it shall be reduced to writing, if desired by the President or any member, delivered in at the table, and read by the President, before the same shall be debated. Rule 42.] It might be asked whether a motion for adjournment or for the orders of the day can be made by one member while another is speaking? It cannot. When two members offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, unless by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without rising and addressing the Chair. Such calls are themselves breaches of order, which, though the member who has risen may respect, as an expression of impatience of the House [A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the Chair; but on appeal to the Senate, (i. e., a call for their sense by the President, on account of doubt in his mind, according to Rule 6,) the decision was overruled. Jour. Senate, June 1, 1796. I presume the doubt was, whether an allowance of money could be made otherwise than by bill.] SEC. XXII.—BILLS. [Every bill shall receive three readings previous to its being passed; and the President shall give notice at each whether it be first, second, or third; which readings shall be on three different days, unless the Senate unanimously direct otherwise. Rule 23.] SEC. XXIII.—BILLS, LEAVE TO BRING IN. [One day's notice, at least, shall be given of an intended motion for leave to bring in a bill. Rule 22.] When a member desires to bring in a bill on any subject, he states to the House in general terms the causes for doing it, and concludes by moving for leave to bring in a bill, entitled, &c. Leave being given, on the question, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed of this committee, and one or more in addition. Hakew., 132; Scob., 40. It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. Scob., 41; 1 Grey, 82, 84. SEC. XXIV.-BILLS, FIRST READING. When a bill is first presented, the Clerk reads it at the table, and hands it to the Speaker, who, rising, states to the House the title of the bill; that this is the first time of reading it; and the question will be, whether it shall be read a second time? then sitting down to give an opening for objections. If none be made, he rises again, and puts the question, whether it shall be read a second time? Hakew, 137, 141. A bill cannot be amended on the for it to be opposed then, but it may be first reading, 6 Grey, 286; nor is it usual done, and rejected. D'Ewes, 335, col. 1; 3 Hats., 198. SEC. XXV.-BILLS, SECOND READING. The second reading must regularly be on another day Hakew., 143. It is done by the Clerk at the table, who then hands it to the Speaker. The Speaker, rising, states to the House the title of the bill; that this is the second time of reading it; and that the question will be, whether it shall be committed, or engrossed and read a third time? But if the bill came from the other House, as it always comes engrossed, he states that the question will be read a third time? and before he has so reported the state of the bill, no one is to speak to it. Hakew., 143–146. [In the Senate of the United States, the President reports the title of the bill; that this is the second time of reading it; that it is now to be considered as in a Committee of the Whole; and the question will be, whether it shall be read a third time? or that it may be referred to a special committee?] SEC. XXVI.-BILLS, COMMITMENT. If on motion and question it be decided that the bill shall be committed, it may then be moved to be referred to Committee of the Whole House, or to a special committee. If the latter, the Speaker proceeds to name the committee. Any member also may name a single person, and the Clerk is to write him down as of the committee. But the House have a controlling power over the names and number, if a question be moved against any one; and may in any case put in and put out whom they please. Those who take exceptions to some particulars in the bill are to be of the committee, but none who speak directly against the body of the bill; for he that would totally destroy will not amend it, Hakew., 146; Town., col. 208; D'Ewes, 634, col. 2; Scob., 47, or, as is said, 5 Grey, 145, the child is not to be put to a nurse that cares not for it, 6 Grey, 373. It is therefore a constant rule "that no man is to be employed in any matter who has declared himself against it." And when any member who is against the bill hears himself named of its committee, he ought to ask to be excused. Thus, March 7, 1606, Mr. Hadley was, on the question being put, excused from being of a committee, declaring himself to be against the matter itself. Scob., 46. appointed by ballot, and a plurality of votes shall make a choice. When any subject or matter shall have been referred to a committee, any other subject or matter of a similar nature, may, on motion, be referred to such committee. The Clerk may deliver the bill to any member of the committee, Town., col. 138; but it is usual to deliver it to him who is first named. In some cases the House has ordered a committee to withdraw immediately into the committee chamber, and act on and bring back the bill, sitting the House, Scob., 48. A committee meet when and where they please, if the House has not ordered time and place for them, 6 Grey, 370; but they can only act when together, and not by separate consultation and consent--nothing being the report of the committee but what has been agreed to in committee actually assembled. A majority of the committee constitutes a quorum for business. Elsynge's Method of Pussing Bills, 11. Any member of the House may be present at any select committee, but cannot vote, and must give place to all of the committee, and sit below them. Elsynge, 12; Scob., 49. The committee have full power over the bill or other paper committed to them, except that they cannot change the title or subject. 8 Grey, 228. The paper before a committee, whether select or of the whole, may be a bill, resolutions, draught of an address, &c., and it may either originate with them or be referred to them. In every case the whole paper is read first by the Clerk, and then by the chairman, by paragraphs, Scob., 49, pausing at the end of each paragraph, and putting questions for amending, if proposed. In case of resolutions on distinct subjects, originating with themselves, a question is put on each separately, as amended or unamended, and no final question on the whole, 3 Hats., 276; but if they relate to the same subject, a question is put on the whole. If it be a bill, draught of an address, or other paper originating with them, they proceed by paragraphs, putting questions for amending, either by insertion or striking out, if proposed; but no question on agreeing to the paragraphs separately; this is reserved to the close, when a question is put on the whole, for agreeing to it as amended or unamended. [In the appointment of the standing But if it be a paper referred to them, they committees, the Senate will proceed, by proceed to put questions of amendment, if ballot, severally to appoint the chairman proposed, but no final question on the of each committee, and then, by one ballot, whole; because all parts of the paper, havthe other members necessary to complete ing been adopted by the House, stand, of the same; and a majority of the whole course, unless altered or struck out by a num her of votes given shall be necessary vote. Even if they are opposed to the to the choice of a chairman of a standing whole paper, and think it cannot be made committee. All other committees shall be good by amendments, they cannot reject [No bill shall be committed or amended until it shall have been twice read; after which it may be referred to a committee. Rule 24.] |