NOTICES
o1e A
New  tiork
UPON
PARLIAMENTARY RULES,
BY
LUTHER S. CUSHING,
TWELVE YEARS CLERK OF THE MASSACHUSETTS
HOUSE OF REPRESENTATIVES.
Flrorm -Izo. S. H. Walley. Speaker of the Massachusett
House of itepresentatives.
RoxnBuRy, Jan. 13, 1845.
7'o the Publisher:
At your request, I have carefully perused the Manual
of Parliamentary Practice, prepared by Hon. LUTHER  S
CUSUING, which you  submitted in manuscript to my
inspection.
Ihave taken great pleasure in examining the pages of
this work, and do not hesitate to express most fully my
approbation of its plan and execution.
On two or three questions of minor importance, I
might come to different conclusions from the author;but, inasmuch as he has devoted muchi time to a careful
research into the subject of parliamentary rules and practice, in the preparation of an extended work, which he is
preparing on this subject, I am free to admit, that I should
reel great distrust in any opinions which I have held, even
on these questions, where they differ from those expressed
by Judge Cushing, without very careful reexamination
and study.
This Mfanual is much needed. There is no work, in
this country, which is adapted near as well, in my jud,
ment to assist those who  are called upon to preside i
I
.1I 
public asrtxblies, to discharge their duties acecepbly: and
profitably to the community.
I sincerely hope and believe that this publication will
receive the countenance and approbation to which it seems
to me so justly entitled.
Very respectfully,
Your friend and servant,
SAMuiEL H. WVALLEF,t Jr.
linl thie Law Reporter, Edited by Peleg TV. Chandler, Esq.,
Presideat of the Bostoii Comrnon Cozticil ald Meimber oj
the -lass. Legislature.
Hon. LUT1IER S. CUSIIING has prepared for:the press a
new Manual of Parliamentary Practice.  Having exam-n:
the manuscript of this work with considerable care, we,Wte
occasion to say, that it will be a valuable accession to the
li'braries of those who are called upon to preside in deliberative assemblies; and we believe the necessity of such a
work as this has been very generally felt in our country,
where almost every citizen is occasionally called uponi to
exercise the duties of a presidino  officer.  The  work is
founded udon  the well-established rules and customs of
the British Parliament, and IMr. Cushing divests himself of
all local usages prevailing in different parts of this country;
maintaining, in the outset, that no assembly can ever be
subject to any othe  rules than those which are of general
ap)plicationi, or which it specially adopts for its ow n government; and denying explicitly that tllhe rules adopted and
practised upon by a legislative asseinbly thereby acquire
the character of general laws.
We understand that the author of this Manual has for
some time been engaged on an elaborate treatise uponi the
parlianmeitary law, which we do not doubt will be creditable
to his learning and industry.  Meanwhiile, this smaller and(
more convenient work will be sent out as a manual for
practical reference.
Ju,st published by 5VM. T. RIEYN7OLDS & CO.,
24 Cornhill, Boston. For sale by Bceksellers generally. 
anualt of  arItfamentarv Vractice
RIULES
OF
PAOCEEDING AND DEBATE
DELIBERATIYE ASSEMIBLIES.
i     TY tTHERII  S. CUSIING.
B 0 Si ON:
WILLIAM  J.::REYNOLDS & CO.
1854.
I A 
Entered according to Act of Congress, in the 1.ar 141,
BY LUTHER  S. CUSHING,
In the C-lerk's office of the District (-rt of the District of Massachusetts 
ADVERTISEMENT TO TIlE SEVENTH EDITION.
SINCE the publication of the first edition of this work, in Februaly,
1845, the author has endeavored, both by a careful revision of it himself, and by inquiries of others interested in the subject, to ascertain
whether any alteration or addition was desirable, in order to render
the work more useful for the purposes for which it was designed.
Certain alterations and additions have thus been suggested, which,
though not numerous or very important, the author yet deems it his
duty to make; and, for that purpose, to avail himself of the publication of the present edition.
The work being stereotyped, the new matter has not been incorporated with the original text, which would have rendered it necessary
to recast the plates, but has been thrown into the form of notes, and
placed at the end. It is hoped that these notes will add to the value
and utility of the work; though it is not the intention of the publisher
that they shall enhance its cost.
In the advertisement to the first edition of this work, the author
announced that he was preparing a larger and more comprehensive
work on parliamentary law and practice, which it was his intention to
complete and publish as soon as possible. Inquiry having been frequently made, as to the time when the larger work would probably be
published, the author takes this opportunity to say, that the little leisure which he has had at command, since the announcement alluded
to, though diligently employed, has not as yet enabled him to finish
that work. He is happy, however, to add, that nearly all the materials for it have been gathered together, and that the work itself is in
a state of great forwardness, and will be completed and published,
probably, in the course of the next year. To those who may find it
difficult to conceive how so much time and labor can be required for
the preparation of the work in question, it may not be improper to
say, that, if completed on the plan which the author has adopted, it
will form an octavo volume of not less, perhaps mo: e, than five hun dred pages.
BosoN, NovEBERa 1,1847.                                  L. S. a
,-'7                         l        i 
ADVERTISEMIENT TO TilE FIRST EDITION.
TE  following treatise forms a part only of a much larger and more
comprehensive work, covering the whole groundi of parliamlentary law
and practice, which the author has for sosne time been engaged in pre  paring; and which it his intention to comnplete and publish as soon as
possible.  In the meantime, this little work has been compiled, chiefly
from the larger, at the request of the publishers, {nid to supply a want,
which was supposed to exist to a considerable extent.
The treatise now presented to the public, is intended as a -a4Tnual
for D)eliberative Assemblites of every description. but more especially
for those which are not legislative il  their character; though, with
the exception of the principal points, in which legislative bodies differ
from others, namely, the several different stages or readings of a bill,
and conferences and amendments between the two branches, this work
will be found equally useful in legislative aseblies as i others.
The only work which has hitherto been in general use in this couin try, relating to the proceedings of legislative assncblies, is the com pilation originally prepared by 4.r. Jefferson, wlhen ie  e-President of
the United States, for the use of the body over w,hich he presided, and
which is familiarly known as Je:r5o5t's oa, al.  This  work, having
been extensively used in our leislative bodi   and in somre States,
expressly sancltionedl b, law,n mlay be said to frL, as i were. the basis
of the common parliamenitary law of thiso ounitry.  legareni.g it in
that light, the author of the fbllowing treatise h   as coissidered the prilnciples and rules laid down by lr. ye:erCo  (and whicihl have been
adopted by hini chiefly from, the el aboate work of ilr. Ilatsell) as the
established rules on this subject, and has accordingly made them the
basis of the proesent compilation, wih al  occasional remark, in a note,
by way of explanation or sugwestion, wheinever he deemed it necessary.
Members of legislative bodies,  110 ma'y have  occasion to nmake use
of tins work, will do well to bear in,i,Ld, that it contains only whit
may be called the com.aon parliaewtory law; wshich, in every legislative assembly, is more or less uodirt I or controlled by special rule&
liosere, NOVrMBERa 1. 1Pt
L. S. 0. 
TABLE OF CONTENTS.
INTRODUCTION,.............................vv1 tI   s
CHAPTER I. - OF CERTAIN PRELIMINARY MATTERS,.. 16 to 25
SECT. I.   Quorum,...................17 to 19
SECT. IL   Rules and Orders,.......................20 to 22
SECT. III. Time of Meeting,........................23
SECT. IV.  Principle of Decision,................. 24, 25
CHAPTER II.-OF TtlE OFFICERS,..................... 26 to 35
SECT. I.  The Presiding Officer,....................27 to 30
SECT. II. The Recording Officer,................... 31 to 35
CHAPTER III. -OF THE RIGHTS AND DUTIES OF
MEMBERS....................... 36 to 42
CHAPTER IV.- OF TIIE INTRODUCTION OF BUSINESS,-.43 to 58
CHAPTER V. -OF MOTIONS IN GENERAL............ 59 to 61
CHAPTER VI.- OF MOTIONS TO SUPPESS,-.......... 62 to 67
SECT. I.  Previous Question,.................    63 to 66
SECT. II. Indefinite Postponement,...............67
CHAPTER VII. - OF MOTIONS TO POSTPONE,  -........6 to 72
CHAPTER VIII. - OF MOTIONS TO COMMIT,...... *         73 to 77
CHAPTER IX. -OF MOTIONS TO AMENO,........... 78 to 133
SECT. I.   Division of a Question,............... 79 to 83
SECT. II.   Filling Blanks........................   84 to S7
SECT. III.  Addition- Separation - Transposition, SS to 91
SECT. IV.  Modification, &c. by the Mover,........ 92, 93
SECT. V.   General Rules relating to Amendments, 94 to 10I
SECT. VLI.  Amendments, by striking out,.......-103 to 112
SECT. VII. Amendments, by inserting,.........*113 to 121.
SECT. VIII. Amendments, by striking out and in                 serting,  -..................... 122 to 127
SECT. IX.  Amendments: changir. the nature of a
auestion I......................;.. *! S  to 139 
TABLE OF CONTENTS.
CHAPTER X.-OF THE ORDER AND SUCCESSION OF
BUSiNESS........................ 134 to 18i
SEzc. I.  Privileged Questions,.................... 136 to 149
Adjournment,................... 137 to 140
Questions of Privilege,................ 141
Orders of the Day,.................... 142 to 149
SECT. II. Incidental Questions,..............-..-150 to 165
Questions of Order,.................... 151 to 154
Reading of Papers................... 155 to 160
Withdrawal of a Motion,-..........161 to 162
Suspension of a Rule, —...... 16...........3 to 164
Amendment of Amendments,..........165
SxcT. III. Subsidiary Questions,................. 166 to 187
Lie on the Table,................... 171 to 17'
Previous Question,.................... 174 to 17
Postponement......................... 176 to 180
Commitment,...................181 to 183
Amendment,.................... 184 to 187
CHAPTER XI.- OF THE ORDEa OF PROCEEDING,-.188 to 200
CHAPTER XII. - OF ORDER IN DEBATE......... 201 to 232
SECT..  As to the Manner of Speaking..........203 to 208
SECT. I. As to the Matter in Speaking, - -........209 to 214
SECT. III. As to Times of Speaking,................ 215 to 219
SECT. IV. As to stopping Debate,................... 220 to 222
SECT. V.  As to Decorum in Debate,..............223 to 226
SECT. VI. As to Disorderly Words,............227 to 232
CHAPTER XIII. - OF THE QUESTION,...............   233 to 249
CHAPTER XIV.- OF RECONSIDERATION........... 250 to 257
CHIIAPTER XV. - OF COMMITTEES,.................. 258 to 311
SECT. I.  Their Nature and Functions,............258 to 262
SECT. IL. Their Appointment,...................263 to 272
SECT. III. Their Organization, &c................  273 to 285
SECT IV. Their Report,........................... 2-6 to 296
SECT. V.  Committee of the Whole,.............. 297 to 311
CONCLUDING REMARKS.......................... 312 to 315
4DDITIONS AND C0RRECTIONi...............316 to 80
6 
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 ascertaining 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 properly constituted and organized; and, secondly, that it
should conduct its proceedings according to
certain rules, and agreeably to certain forms,
which experience has shown to be the best
adapted to the purpose.
2. Some deliberative assemblies, especially
thew which consist of permanently established 
8   PARLIAMENTARY PRACTICE.
bodies, such as municipal and other corpora tions, are usually constituted and organized,
at least, in part, in virtue of certain legal pro visions; while others, of an occasional  oi
temporary character, such as conventions and
political meetings, constitute and organize
themselves on their assembling together for
the purposes of their appointment.
3. The most usual and convenient mode
of organizing a deliberative assembly is the
following. - The members being assembled
together, in the place, and at the time, appointed for their meeting, one of them, addressing himself to the others, requests them
to conme to order; the members thereupon
seating themselves, and giving their attention
to him, he suggests the propriety and necessity
of their being organized, before proceeding to
business, and requests the members to nominate some person to act as chairman  of the
meeting; a name or names being thereupon
mnentioned, he declares that such a person
(whose name was first heard by him) is
nominated for chairman, and puts a question
that the person so named be requested to take
the chair. If this question should be decided
in the negative, another nomination is then to 
OILGANIZATION.
be called for, and a question put upon the name
mentioned (being that of some other person)
as before, and so on until a choice is effected.
When  a chairman is elected, he takes the
chair, and proceeds in the same  manner to
complete the organization of the assembly,
by the choice of a secretary and such other
officers, if any, as may be deemed necessary.
4. An organization, thus effTected, 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 deliberation, it is the practice to organize temiporarily,
in the mannier above mentionie(1, and theln to
refer the subject of a permanent or-anization,
and the selection of persons to be nominated
for the several offices, to a committee; uporn
whose report, the meeting proceeds to organiize
itself, conformably thereto, or in such other
manner as it thinks proper.
5. The presiding officer is usually denominated the prcsident, and the recording officer,
the secretary; tliough, sometimes, these officers
are designated, respectively, as the chair)ian
and clerkl. It is not unusual, besides a president, to have one or more vice-presidents i who
9 
10       PARLIAMENTARY PRACTICE.
take tne 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 president, act merely as members. It is frequently
the case, also, that several persons are appointed secretaries, in which case, the first
named is considered as the principal officer. All
the officers are, ordinarily, members of the
assembly'; and, as such, entitled to participate
in the proceedings; except that the presiding
officer does not usually engage in the debate,
and votes only when the assembly is equally
divided.
6. In all deliberative assemblies, the members of which are chosen or appointed to
represent others, it is necessary, before proceeding to business, to ascertain who are duly
elected and returned as members; in order
not only that no person may be admitted to
participate in the proceedings who is not
regularly authorized to do so, but also that a
1 In legislative bodies, the clerk is seldom or never a member;
and, in some, the presiding officer is not a member; as, for example,
in the Senate of the United States, the Senate of New York, and
a some other state senates. 
RETURNS AND ELECTIONS
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 before the permanent
organization; or, when the assembly is permanently organized, in the first instance, before
it proceeds to the transaction of any other
business; and the most convenient mode of
conducting it is by the appointment of a committee, to receive and report upon the credentials of the members. The same committee
may also be charged with the investigation of
rival claims, where any such are presented.
8. When a question 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 assembly, he remains in his place, during the
discussion, he ought neither to take any further
part in it, nor to vote when the question is
proposed; it being a fiundamental 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
11 
12      PARLIAMENTARY PRACTICE.
be taken, therefore, in the selection of the
officers, and in the appointment of committees,
to name only those persons whose rights as
members are not objected to.
9. The place where an assembly is held
being in its possession, and rightfully appropriated to its use, no person 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
mannier, the  assembly may  unquestionably
eml)loy suifficient force to remove such person
from the meeting.
10. Every  deliberative  assembly, by  the
mere fact of its being assembled and constituted, does  thereby  necessarily adopt  and
become subject to those rules and forms of
proceeding, without wlhich it would be impos
sible for it to accomplish the purposes of its
creation.  It is perfectly competent, however,
for every such body - and where the business
is of consid(erable interest and importance, or
ilhely to reqTire some time for its accomplishmlent, it is not unusual -to adopt also certain
special rules for the regulation of its proceedil,gs.  WThere this is'he 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 reference
to which there is no parliamentary rule;
leaving what may be called the common
parliamentary law in full force in all other
respects.
11. The rules of parliamentary proceedings
in this country are derived from, and essentially
the same with, those of the British parliament;
though, in order to adapt these rules to the
circumstances and wants of our legislative
assemblies, they have, in some few respects,
been changed,- in others, differently applied,
- and in others, again, extended beyond their
original intention. To these rules, each legisIative assembly is accustomed to add a code
of its own, by which, in conjunction with the
f(ormer, its proceedings are regulated. The
rules, thus adopted by the several legislative
assemnblies, having been renewed in successive
tegislatLres,  -with such extensions, modificatiOns anid additions as have been, from time to
time,c thotiught necessary, -the result is, that a
system of paI,lianentalry rules has been established in each state, different in some particulars from those of every other state, but yet
.. I 
founded in and embracing all the essential
rules of the common parliamentary law.
12. The rules of proceeding, in each state,
being of course best known by the citizens
of that state, it has sometimes happened in
deliberative assemblies, that the proceedings
have been conducted not merely according to
the general parliamentary law, but also in
conformity with the peculiar system of the
state in which the assembly was sitting, or
of whose citizens it was composed. This,
however, is erroneous; as no occasional assemnbly can ever be subject to any other rules,
than those which are of general application,
or which it specially adopts for its own government; and the rules adopted and practised
upon by a legislative assembly do not thereby
acquire the character of general laws.
13. The judgment, opinion, sense, or will of
a deliberative assembly is expressed, accord ing to the nature of the subject, either by a
resolution, order, or vote. When it commands,
it is by an order; but facts, principles, its own
opinions, or purposes, are most properly ex pressed in the form of a resolution; the term
vote may be applied to the result of every
question decided by the assembly. In what 
ever form, however, a question is proposed, 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 call be ascertained, in reference to any particular subject,
is, for some one of them to begin by submitting
to the others a proposition, expressed in such
a form of words, that, if assented to by the
requisite number, it will purport to express
the judgment or will of the assembly. This
proposition will then form a basis for the further
proceedings of the assembly; to be assented
to, rejected, or modified, according as it expresses or not, or may be made to express,
the sense of a majority of the members. The
different proceedings which take place, from
the first submission of a proposition, through all
the changes it may undergo, until the final
decision of the assembly upon it, constitute the
subject of the rules of debate and proceeding
mi deliberative assemblies.
15. If the proceedings of a deliberative as
zembly were confined to the making of propo
2
I.. I I.. I... ....                                                               1. 
L   PARLIAMENTARY PRACTICE,
sitions by the individual members, and their
acceptance or rejection by the votes of the
assembly, there would be very little occasion
for rules in such a body. But this is not the
case.  The functions of the members are not
limited to giving an affirmative or negative
to such questions as are proposed to them.
WVhen a proposition is made, if it be not agreed
to or rejected at once, the assembly may be
unwilling to consider and act upon it at all;
or it may wish to postpone the consideration
of the subject to a future time; or it may be
willing to adopt the proposition with certain
modifications; or, lastly, approving the subject.
matter, but finding it presented in so crude,
imperfect, or objectionable a form, that it cannot in that state be considered at all, the assembly may desire to have the proposition
further examined and digested, before being
presented. In order to enable the assembly
to take whichlever of the courses above indicated it may think proper, and then to dispose of every proposition in a suitable manner,
certain motions or forms of question have been
invented, which are perfectly adapted for the
purpose, and are in common use in all delilerat.ive assemblies, 
QUORUM.
CHAPTER I.
OF CERTAIN PRELIMINARY MATTERS.
16. Before entering upon the subject of the
forms and rules of proceeding, in the transaction of business, it will be convenient to
consider  certain  matters  of a  preliminary
nature, which  are more or less essential to
the regularity, despatch, and efficiency of the
t)roceedings.
SECTION i   < ":oa,UM.
17. In all councils, 4::her  coliective
bodies of the same kind,:,ecessary, that
a certain  number, called a ( aLIoim, of the
members, should meet and be present, in order
to the transaction of business. This regulation
has been deemed essential to secure fairness
of proceeding; and to prevent matters from
being concluded in a hasty mianner, or agreed
to by so small a number of the members, as
not to command a due and proper respect.
18. The number necessary to constitute a
qutoruim of any assembly may be fixed by law,
ll 
18       PARLIAMENTARY PrACTICE.
as is the case with most of our legislative
assemblies; or by usage, as in the English
house of commons; or it may be fixed by the
assembly itself; but if no rule is established
on the subject, ill any of these ways, a majority of the members composing the assembly
is the requisite number.
19. No business can regularly be entered
upon until a quorum is present; nor can any
business be regularly proceeded with when it
appears that the members present are reduced
below that number; consequently, the presiding officer ought not to take the chair until the
proper number is ascertained to be present;
and if, at any time, in the course of the proceedings, notice is taken that a quorumin is not
present, and, upon the members being counted
by the presiding officer, such appears to be the
fact, the assembly must be immediately ad
journed.
SECT. II. RULES AND ORDERs.
20. Every deliberative assembly, as has
already been observed, is, by the fact alone
of its existence, subject to those rules of proceeding, without which it could not accomplish
the purposes of its cieation. It mnay also pro 
vide 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 beforehand, it is usual also to provide therein as to
the mode in which they may be amended, repealed, or dispensed with. Where there is no
such provision, it will be competent for the
assembly to act at any time, and in the usual
manner, upon questions of amendment or
repeal; but in reference to 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. [~ 316.]
22. When any of the rules, adopted 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 debate or delay.
It is then too late to alter, repeal, or suspend
the rule; so long as any one member insists
upon its execution, it must be enforced. 
SECT. III. TIME OF MEETING.
23. Every assembly, which is not likely to
finish its business at one sitting, will find it
convenient to come to some order or resolution
beforehand, as to the time of reassembling,
after an adjournment; it being generally
embarrassing to fix upon the hour for this
purpose, at the time when the sitting is about
to close, and in connection with the motion
to adjourn.
SECT. IV. PRINCIPLE OF DECISION.
24. The principle, upon which the decisions of all aggregate bodies, such as councils, corporations, and deliberative assemblies,
are made, is that of the majority of votes
or suffrages; and this rule holds not only in
reference to questions and subjects, which
admit only of an affirmative on one side, and
a negative on the other, but also in reference
to elections in which more than two persons
may receive the suffrages.
25. But this rule may be controlled by a
special rule in reference to some particular
.Ibject or question; by which any less number
..     I....." I.....,. I . , L.,  I ... .1 L - I.,., ,, 
than a majority may be admitted, or any greater
number required, to express the will of the
assembly. Thus, it is frequently provided, in
legislative assemblies, that one third or one
fourth only of the members shall be sufficient
to require the taking of a question by yeas and
nays, and, on the other hand, that no alteration
shall take place in any of the rules and orders,
without the consent of at least two thirds, or
even a larger number. 
.},,     i,,A.~.;.~TARt.  PRACTICE.
CHAPTER II.
OF THE OFFICERS.
26. The usual and necessary officers of a
deliberative assembly are those already mentioned, 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, even in those
states in which elections are usually effected
by a plurality; for the reason, that, being removable at the pleasure of the assembly, if
any number short of a majority were to elect,
a person elected by any such less number
would not be able to retain his office for a
moment; inasmuch as he might be instantly
removed therefrom, on a question made for
that purpose, by the votes of those who had
voted for other persons on the election; and
it is essential to the due and satisfactory performance of the functions of these officers,
that they should possess the confidence of the
assembly, which they cannot be said to do,
unless they have the suffrages of at least a
majority.
i s., 
PRESIDING OFFICER.
SECT. I.  THE PRESIDING OFF[CER.
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 assembly in the order in which it is to be acted
upon;
To receive and submit, in the proper manner, 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 communications and announce them to the assembly;
To authenticate, by his signature, when
necessary, all the acts, orders, and proceedings
of the assembly;
12",
1 
'PRACTICE.
To informin the assembly, when necessary,
or when referred to for the purpose, in a point
of order or practice;
To name the members (when directed to do
so in a particular case, or when it is nmade 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 the chair, in case of
the absence of the president from the assembly,
or of his withdrawing from the chair for the
purpose of participating in the proceedings.
29. Where but one presiding officer is appointed, in the first instance, his place can
only be supplied, in case of his absence, by
the appointment of a president or chairman
pro tegnpore; and, in the choice of this officer,
who ought to be elected before any other
business is done, it is the duty of the secretary to conduct the proceedings.
30. The presiding officer may read sitting,
but should rise to state a motion, or put a
question to the assembly. 
'..      L CT no  CJIL"ERK.
SECT. II. THE RECORDING OFFICER.
31. The principal duties of this officer consist in taking notes of all the procecdings, 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 lmoved,
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 asselmbly, and
take note of those who are absent, when a
call is ordered; to call the roll and note the
answers of the members, when a question is
taken by yeas and nays; to notify committees
of their appointment and of the business referred to them; and to authenticate by his
signature (sometimes alone and sometimes in
to 
-  PARLIAMENTARY PRACTICE.
conjunction with the president) all the acts,
orders, and proceedings of the assembly.
33. The clerk is also charged with the custody of all the papers and documents of every
description, belonging to the assembly, as well
as the journal of its proceedings, and is to let
none of them be taken from the table by any
member or other person, without the leave or
order of the assembly.
34. WVhen  but a single secretary or clerk
is appointed, his place canl only be supplied,
during his absence,y 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 
CHAPTER III.
OF THE RIGHTS AND DUTIES O0 THE
MEMBERS.
36. 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 submit
his propositions to the assembly, - to explain
and recommend them in discussion, - and to
have them patiently examined and deliberately 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.
,6, I 
37. The  observance of decorum, by the
members of a deliberative assembly, is not
only due to themselves and to one another,
as gentlemen assembled together to deliberate
on matters of common importance and interest,
)ut is also essential to the regular and satisfactory proceeding of such an assembly.  The
Liles on this subject, though generally laid
down with reference to decorum in debate,
are equally applicable whether the assembly
be at the time engaged in debate, or not; and,
thlerefore, it may be stated, generally, that no
member is to disturb another, or the assembly
itself, by hissing, coughing, or spitting; by
speaking or whispering to other members; by
standing up to the interruption of others; by
passing between the presiding officer and a
membler speaking; going across the assembly
room, or walking up and down in it; taking
books or papers from the table, or writing there.
38. All these breaches of decorum are doubtless a,gravated by being committed while the
assembly is eng.aged in debate, though equally
contrary to the rules of propriety, under any
other c i-rc,imstances.  Assaults, by one meim
h)er u4pon ao. her   threats, -   challenges,affravs, &c,, re alre o bigh breaches of decorum.
..  . I.....,.,.,.,,.. 
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 to
have the head covered at all.
40. In  all instances of irregular and disorderly deportment, it is competent for every
member, and is the special duty of the presiding officer, to colmplain to the assembly, or
to take lnotice of the offence, and call the attention of the assembly to it.  When  a complaint of this kind is made by the presiding
officer, he is said to namie the member offending,; 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
withdravw.  Being withdravw, the presiding
officer states the offelncee committed, and the
assembly )roceeds to coinsider of the degree
and a-moiint  of pItnisheirnt to be inflicted,
.z;             li!. z,        1.1 .1.   .:,     l., I.....
4,  
The assembly may allow the member corn
plained of to remain, when he offers to withdraw; or, on the other hand, it may require
him to withdraw, if he do not offer to do so of
his own accord. The proceedings are similar,
when the complaint is made by a member,
except that the offence is stated by such
member, instead of being stated by the presiding officer.
41. No member ought to be present in the
assembly, when any matter or business concerning himself is debating; nor, if present, by
the indulgence of the assembly, ought he to
vote on any such question. Whether the
matter in question concern his private interest,
or relate to his conduct as a member, - as for a
breach of order, or for 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 fuindamental principle of the social compact, that
a man should sit and act as a judge in his
own case,
..... 
PUNISHMENT OF MEMBERS.
42. The only punishments, which can be
inflicted 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 forins of punishment, as by apology, begging pardon, &c., as
the assembly may see fit to impose, and to
require the offender to submit to, on pain of
expulsion,
31 
102     PARLIAMENTARY PRACTICE.
CHAPTER IV.
OF TIE 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 instanlce, by some one of the members either
presenting a communication firom 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,
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
individual. The latter only, as they alone
constitute a foundation for fiuture proceedings,
require to be noticed.
45. Propositions made by members are
drawn up and introduced, by motion, in the
form which they are intended by the mover
to bear, as orders, resolutions, or votes, if they
should be adopted by the assembly. These 
OBtTAINING TIHE FLOORS
propositions, of whatever nature they may be,
are usually denominated motions, until they
are adopted; they then take the name which
properly belongs to them.
46. When a member has occasion to make
any communication whatever to the assembly,
- whether to present a petition or other paper,
or to make or second a motion of any kind, or
merely to make a verbal statement,-as well
as when one desires to address the assembly in
debate, he must, in the first place, as the expressionl is, " obtain the floor" for the purpose
he has in view.  In order to do this, he must
rise in his place', and, standing uncovered,
address himself to the presiding officer, by his
title; the latter, on hearing himself thus addressed, calls to the member by his name;
and the )nember may then, but not before,
proceed with his business.
47. If two or more members rise and address themselves to the presiding officer, at
the same time, or nearly so, he should give
I In the house of representatives of Massachusetts, where each
member's seat is regularly assigned to him, and numbered, it has
been found useful, in deciding upon the claims of several competitors for the floor. to prefer one who rises in his place, to E member
who addresses the speaker from the area, the passagewt Vs, or the
seat of any other member.
33 
PARLIAMENTARY PRACTICE.
the floor to the member, whose voice he first
heard. If his decision should not be satisfactory, any member may call it in question,
saying that in his opinion such a member (not
the one named) was first up, and have the
sense of the assembly taken thereon, as to
which of the members should be heard.  In
this case, the question should be 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 c]aimed 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
that adopted on the presentation of a petition,
whlich 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. 
PRESENTING A PETITION.
60. The member, wvho presents a petition,
should previously ha-ve informed himself of its
contents, so as to be able to state the substance
of it, on offering it to the assembly, and also
to be prepared to say, if any question should
be made, that in his juidgment it is couched in
proper language, and contains nothing intentionally disrespectful to the assembly.
61. Being thus prepared, the member rises
in his place, with the petition in his hand, and
informs the assembly that he has a certain
petition, stating the substance of it, which he
thereupon presents or offers to the assembly,
and, at the same time moves (which, however,
may be done by any other member) that it
be received; this motion being seconded, tihe
question is put whether the assembly will
receive the petition or not.  This is the regular
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 objectioni to the
reception, unless it be stated.  If; however,
ally objection is made to a petitioni, before it
has been otherwise disposed of, t'he presiding
officer ought to retrace his steps and require a
motion of reception to be regularly made and
sec<o..ded.4  [S 317,1
35 
36      PARLIAMENTARY PRACTICE.
62. If the question of reception is deter.
mined in the affirmative, the petition is brought
tip to the table by the member preseniting 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 proper; the usual course
being either to proceed to consider the subijecel
of it immediately, or to assign some future
time for its consideration, or to order it to lie
on the table for the examination and consideration of the members individually.
53. Whenever a member introduces a propositionl of his own, for the consideration of the
assembly, he puts it into the form he desires
it should have, and then  moves that it be
adopted as the resolution, order, or vote of the
assembly.   If this proposition so far meets the
approbation of other members, that one of
them rises in his place anld secolnds it, it may
then be put to the question; and the result,
whether aftfirimative or negative, becomes the
judgment of the assembly.
5zl. A motion must be submitted in writing;
)therwise the presidini ocer will be justified
ini refuLsilng to receive it; lie i,~y do so, however, if hlie pleases, and is willng to take the
trouble himself to reduce it to -writing.  This 
nile extends only to principal motions, which,
when adopted, become the act and express
the sense of the assembly; butt not to subsidiary
or incidental motionsI which merely enable
the assembly to dispose of thie formner in the
manner it desires, and which are always in
the same form. In the case of a motion to
amend, which is a subsidiary motion, the rule
admits of an exception, so far as regards the
insertion of additional words, which, as well
as the principal motion, must be in writing.
55. A motion must also be seconded, that is,
approved by sonme one member, at least, expressing, his approval by rising, and sayinlg,
that he seconds the motion; alnd 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 principal
motions.  The seconding of a motion seems
to be requ,ired, on the ground, that the time of
the assembly ouglit not to be taklen up by a
question, which, for any thing that appears,
I Such as, to adjourn, -lie on the table,-for the previous quel
-ion - for postponement,- commitment, &c.
L........ I. I 1. 
,   PARLIAMENTARY PRACTICE.
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 all actual exception is some times made by a special rule, requiring certain
motions to be seconded by more than one
member.  [~ 318.]
56. When a motion has been made and
seconded, it is then to be stated by the presiding officer to the assembly, and thus becomes
a question for its decision; and, until so stated,
it is not in order for any other motion to be
made, or for any member to speak 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. [L[ 319.]
57. When a motion is reguilarly before the
assembly, it is the duty of the presiding officer
to state it, if it be not in writing, or to cause it
to be read, if it be, as often as any member
desires to have it stated or read for his information. 
58. When a motion or proposition is regu
larly before the assembly, no other motion can
be received, unless it be one which is previous
in its nature to the question under conlsideration, and consequently entitled to take its
place for the time being, and be first decided. 
CHAPTER V.
OF MOTIONS IN GENERAL.
69. When a proposition is made to a deliber
ative assembly, for its adoption, the proposition
may be ill such a form as to be put to the
question, and the assembly may be in such a
state as to be willing to come to a decision
upon it, at once; and when this is the case,
nothing more call be necessary than to take
the votes of the members, and ascertain the
result. But a diffierent state of things miay
and commonly does exist; the assembly may
prefer some other course of proceeding to an
immediate decision of the question in the form
in which it is presented; and, as it is proper,
that every parliamentary body should have
the means of fitly disposing of every proposition which may be made to it, certain forms
of question have from time to time been invented, and are now in general use, for that
purpose. Tle.se forms of question may properly be called susidiai'y, in order to distinguish
them from the principal motion or question to
which they relates 
SUBSIDIAIL' Y
60. The different states of mind, in which a
proposition may be received by a deliberative
assembly, and the corresponding forms of proceeding, or subsidiary motions, to winich they
give rise, in order to ascertain the sense of the
assembly, are the following: -
First. The  assembly may look  upon  the
proposition as useless or inexpedient; and may
therefore desire to suppress it, either for  a
time, or altogether.  The subsidiary motions,
for this purpose, are the previous qiuestion and
indefinite p)ostponement.
Seco&.c. The assembly mYay be willinlg,o
entertain and consider of a proposition,'but
not at the time when  it is made; either
because more informiation is wanted by the
members individually; or becaLse tiey d(esire
further time for reflection- and examination;
or because the assembly is then occupied with
some other matter, which has imore pressing
claims upon its present attention.  The usual
motions, under such circumstances, are post ponement to some futture day or tilme, anllt to
lie on the table.
T,i,ird. The subject-matter of a proposition
may be regarded with favor, but the form in
which it is introduced may be so defective, 
,.   i-.,IAMENTARY PRACTICE.
that a more careful and deliberate consider ation, than can conlvenlienltly be given to it in
the assembly itself, may be necessary to put
it into a satisfactory form. In this case, it is
most proper to refer the proposition to a com mittee.
Fourth The proposition may be acceptable,
and the form in which it is presented so far
satisfactory, that the assembly may be willing
to consider and act upon it, with such alterations and amendments as may be  thought
proper. The motion adapted to this case is
to amend.
61. It is not to be supposed, that the subsidiary motions above specified are the only
ones that have at any time been adopted or
used; or that it is not competent to a deliberative assembly to frame new  motions at
pleasure; but these are the forms in most
common use, and are entirely sufficient for all
practical purposes 1. Neither is it to be sutp
in leislauv
1 It is usual, in legislative assemblies, to provide by a special rule,
both as to the particular motions to be used, and the order in which
they rnay be made.  Thus, the rule in the house of representatives
of congress, (wlhich is also adopted in the house of representatives
of Massachusetts,) is, that, "a when a question is under debate, no
motion shall be received, but to adjourn, to lie on the table, for the
previous question, to postpone to a day certain, to commit, to amend,
to postpone indefinitely, which several motions shall have precu.
o,ncee In the order in which they are arra,ige(" 
posed, that these motions are always applied
strictly to the cases to which they most appropriately belong; several of them are frequently
used to effect purposes, for which others would
be more proper. These misapplications will
be taken notice of, under the heads of the
several motions.
I'     16,.,,,...i-i,,-.L '. 
G..'ARLIAMENTARY PRACTICE.
CHAPTER IV.
OF MOTIONS TO SUPPRESS.
62. WVhen a proposition is moved, wniih, 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 proposition 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
il-e of thLe previous question being, as above
stated, the suppression of a main question, it
seems proper to consider it as one of the subsidiary motions for that purpose; although, in
this countWy, it has been perverted to a wholly
different use, namely, the suppression of debate. This conisideration, in connection with
the difieulty of the subject, and the importance
of a correct understanding of it, makes it proper
to devote more room to the previous question,
than needs to be given to most of the other 
PREVIOUS QUESTION.
subsidiary miotions.  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 qulestions to which they relate; but the
term previous has been applied exclusively to
a motion denominated the pTrevious question,
which has for its object the suppression of a
principal motion or question.   This motion
was introduced into the house of commons, in
England,cl  more than two centuries ago, for the
purpose of suppressing subjects of a delicate
nature, relating to high personages, or the dcliscussion of which might call forth observations
of an injurious tendency. When first made
use of, the form of the motion was, shall the
main question be put? and the effect of a decision 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 present, namely, shall the main
question be now put? and the effect of a nlegative decision of it now is to suppress the main
question for the residue of the day only. The
operation of this motion, in suppressing the
-, i) 
question to which it is applied, results front
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 ill the
British,arliamennt.
65. But the previous question may be decided in the affirmative, as well as the negative, that is, that the main question shall now
be put; in which case, that question is to be
put inmmediately, without any further debate,
and in the form in which it then exists.  This
operation of the previous question, when decided affirmatively, has led to the use of it for
the purpose of suppressing debate on a principal question, and coming to a vote upon it
immediately; and this is ordinarily the only
object of the previous question, as made use
of in the legislative assemblies of the Uni5., 
PREVIOUS QUESTION.
States 1. The operation of a negative decision
is different in different assemblies; in some,
as, for example, in the house of representatives of congress, it operates to dispose of the
principal or main question by suppressing or
removing it from before the house for the day;
but in others, as in the house of representatives of Massachusetts, and in the house ofassembly 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
soonier disposed of, by taking the question, or
ill some other mannler.
66. In Eng,land, 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.
decision, though in strictness only to suppress
the question for the day, is, practically and by
1 Mr. Jefferson (MIanual, ~ xxxiv.) considers this extension of the
previous question as an abuse. He is ofopinion, that' its uses would
be as well answered by other more simple parliamentary forms,
and therefore it should inot be favored, but restricted within as narrow limits as possible." 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 unsettled.
4
: i 
4   PARLIAMENTARY PRACTICE.
parliamentary usage, to dispose of the subject
altogether. In this country, the previous question is used chiefly for suppressing debate
on a main question; the object of the mover
is to obtain a decision of it in the affirmative;
and the effect of a decision the other way,
though in some assemblies operating technic
cally to suppress the main question for the day
only, is, in general, merely to suspend  th(
taking of the question for that day; eithe,
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, namuely, the putting of the  main
question immediately, and without fLirther
debate, delay, or consideration.
SECT. II.  INDEFINITE POSTPONEMENT.
67. In order to suppress a question alto.
gether, without coming to a direct voice upon
it, in such a manner that it cannot be renewed
the proper motion is for indefinite postpone
ment; that is, a postponement or acdjolurnume
of the question, wvithout fixing any day for re
suming it. The effect of this motion, if decides 
INDEFINITE POSTPONEMENT.
in the affirmative, is to quash the proposition
entirely; as an indefinite adjournment is
equivalent to a dissolution, or the continuance
of a suit, without day, is a discontinuance of it.
A negative decision has no effect whatever.
49 
o0       PARLIAMENTARY PRACTICE.
CHAPTER VII.
OF MOTIONS TO POSTPONE.
68. If the assembly is willing to entertain
and consider a question, but not at the time
wvhen it is moved, the proper course is either
to postpone the subject to another day, or to
order it to lie on the table.
69. When the members individually want
more information than they possess, at the
time a question is moved, or desire further
time for reflection and examination, the proper
motion is, to postpone the subject to such
future day as will answer the views of the
assembly.
70. This motion is sometimes used improperly, to get rid of a proposition altogether, as
would be done by an indefinite postponement.
This is effected by fixing upon a day, whicl,
according to the common course of things, will
not arrive until after the assembly has been
brought to a close. But a motion, worded in
this manner, is precisely equivalent to a motion
for indefinite postponement, and should be so
considered and treated. 
71. If the assembly has something else before 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
so disposed of may be taken up, at any time
afterwards, and considered, when it may suit
the convenience of the assembly.  [~ 320.]
72. This motion is also sometimes made use
of for the final disposition of a subject; and, it
alvays has that effect, when no motion is
afterwards made to take it up.
.1.... 11... 
CHAPTER VIII.
OF MIOTIONS TO COMMIT.
73. The third case for the use of a sub.
sidiary motion, as already stated, occurs, when
the suTbject-matter of a proposition is regarded
wvith favor, but the form in which it is introdulced is so defective, that a more careful and
deliberate consideration is necessary, tlhan can
convenienitly 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 conmmittee; which is called a commnitment, or, if the subject has already been in
the hands of a committee, a recommitmient.
74. If there is a standing committee of the
assembly, whose functions embrace the sLubject
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 recommitted, the committee may be instructed or ordered
by the assembly, as to any part or the whole
of the duties assigned them; or the subject
may be left with them without instructions.
Il the former case, the instructions must be
obeyed, of course; in the latter, the committee
have full power over the matter, and may
report upon it, in any manner they please,
provided they keep within the recognized
forms of parliamentary proceedings. [t 321.]
76. A part only of a subject may be committed, without the residue; or different parts may
be committed to different committees.
77. A commitment with instructions is sometimes made use of, as a convenient mnode of
procuring further information, and, at the same
time, of postponing the consideration of a
subject to a future though uncertain day.
"I...
I  I 
-.ARLIAMENTARY PRACTICE.
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 proposition, but not with the form of it, or with all its
different parts, or desires to make some addition to it.  The  course of proceeding then
is, to bring the proposition. into the proper
form, and make its details satisfactory, by
means of amendments, or of certain proceedings of a similar character, and having the
same general purpose in view. The latter will
be first considered.
SECT. I. DIVISION OF A QUESTION.
79. WYlhen a proposition or motion is complicated, 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
assemlly may approve of some butt not of
all thse parts,. it j.  a comrnpediouls rmode of 
DIVISION OF QUESTION.
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 is thus divided, it becomes a series of questions, to be considered
and treated each by itself, as an independent
proposition, in the order in which they stand;
and when they have all been gone throu,h
with and decided, the result will be the sanme,
as if motions to amend by striking out the
several parts had been made and put to the
question.   When a motion for a division is
made, the mover ought to specify in his motion
the manier in which he proposes to make the
division; and this motion, like every other of
the nature of an amendment, is itself stisceptible of amendment.
81. It is sometimes asserted, that it is the
right of every individual member to have a
complicated question (provided it is susceptible
of division) divided into its several parts, and
a question puLt separately on each, on his mere
demnjaed, anid'vithout Lay mot:ion or any vote
of t'l dse.ib!v for that piirpse. He this is a
ibb 
- ~.. A.. v..i.U TARlY PRACTICE.
mis ake; there is no such rule of parliamentary
proceeding; a complicated question can only
be separated by moving amendments to it in
the usual manner, or by moving for a division
of it in the manner above stated.
82. It is not unusual, however, for a deliberative assembly to have a rule providing for
the division of a complicated question (provided it is susceptible of division) into its
several parts, upon the demand of a member.
WVhen this is the case, it is for the presiding
officer (suTbject of course to the revision of the
assembly) to decide, when the division of a
motion is demanded, first, whether the proposition is susceptible of division, and, secondly,
into how many and what parts it may be
divided.
83. 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 themselves;
but a qualifying paragraph, as, for example, an
exception or a proviso, if separated from the
general assertion or statement 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. In the latter
case, blanks are filled in the same way, that
other amendments by the insertion of words
are made.  In the former, propositions to fill
blanks are not considered as amendments to
the question, but as original motions, to be
made and decided before the principal question.
85. When a blank is left to be filled with a
time or number, motions may be made for that
purpose, and the cquestion taken on each by
itself, and before another is made; or several
motions may be made and pending before any
of them are put to the question.  This last
mode of proceeding, which is the most usual
as well as'convenient, requires that the several
propositions should be arranged, and the ques tion taken on them, in such order as will the
soonest and with the most certainty enable the
assembly to come to an agreement.
86. In determining upon the order to be
adopted, the object is not to begin at that ex
I" ]., I I,,,.., ,. 
-be_ i.,. -.,                         t.i"ACTICE.
treme, which and more being within every
man's wish, no one can vote against it, and,
yet, if it should be carried in the affirmative,
every question for more would be precluded:
but, at that extreme, which will be likely to
unite the fewest, and then to advance or
recede, until a number or time is reached,
which will unite a majority.
87. Hence, when several different propositiorns are made for filling blanks with a time
or number, the rule is, that if the larger comprehends 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 termn of irredeemability of a loan, - or the termminus in quem in
any other case, the question mulst begin a
9naximo, aland 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
inlcludes the greater, as in questions on the
limitation of the rate of interest, - on the
amount of a tax, - on what day the session
of a legislative assembly shall be closed, by
adjournment,   - on what day the next session
shall commen.ce, - or the teriz?2us a, Oto min 
ADDITION - SEPARATION.
any other case, the question must begin a
minimro, and be first taken on the least or
nearest, and so on to the greatest or most remote, until the assembly comes to a vote 1.
SECT. III. ADDITION, - SEPARATION,              TRANSPOSITION.
88. When  the  matters contained in two
separate propositions might be better put into
one, the mode of proceeding is, to reject one
of them, and then to incorporate the substanco
of it with the other by way of amendmeit.  A
better mode, however, if the business of the
assembly will admit of its being adopted, is to
refer both propositions to a commjittee, with instructionls to incorporate themn together in one.
89. So, on the other hand, if the matter of
one proposition wouLld be more properly distributed into two, any part of it may be struck
out by way of amendment, and puLt into the
1 The above is the rule as laid down by Mr. Jefferson (~ 33), and
holds where it is inot superseded by a special rule, whicl is generally the case in our legislative assemblies; as, for example, in the
senate of the United States, the rule is, that in filling blanks, the
largest sum and longest time shall be first put.  In the house of
commons, in England, the rule established by usage is, that the
smrallest sum and the longest time shall be first ptlt.
59 
PARLIAMENTARY PRACTICE.
form of a new and distinct proposition.  But,
in this, as in the former case, a better mode
would generally be to refer the subject to a
committee.
90. In like manner, if a paragraph or section
requires to be transposed, a question must be
puLt on striking it out where it stands, and
another for inserting it in the place desired.
91. The numbers prefixed to the several
sections,  paragraphs,  or resolutions, which
constitute a proposition, are merely marginal
indications, and no part of the text of the
proposition itself; and, if necessary, they may
be altered or regulated by the clerk, without
any vote or order of the assembly.
SECT. IV.  MODIFICATION OR AMENDMENT
BY TIE MOVER.
92. The mover of a proposition is sometimes
allowed to modify it, after it has been stated
as a question by the presiding officer; but, as
this is equivalent to a withdrawal of the mo.
tionr, in order to substitute another in its place;
and, since, as has already been seen, a motion
regularly made, seconded, and proposed, cannot be withdra:wn without leave; it is clear, 
AMEN,1D3   L. \.b.
that the practice alluLdedcl to rests only Lupon
general consent; and, that, if objected to, tihe
mover of a proposition must obtain the permission of the assembly, by a motion  and
question for the purpose, in order to enable
hiim to modify his proposition.
93. So, too, when an amendment has been
regullarly moved and seconded, it is sometimes
the practice for the mover of the proposition
to which it relates to signify his consent to it,
and for the amencdment to be tlherleupon made,
without any question being( taken Lupon it by
the assembly.  As this proceedilng, however,
is essentially the same wvith that described in
the preceding paragraph, it, of course, rests
upon the same foundation, and is subject to
the same rule.  [T 322.]
SECT. V. GENERAL RiULES tRELATING TO
AMENDMENTS.
94. All amendments, of which a propositioni
is susceptible, so far as form is concerned,
may be effected in one of three ways, namely,
either by inserting or acdding certain waords;
or by striking outt certain words; or by striking
Dut certain words, and inserting or adding 
-fS                       #. AL.Wk,..y.LS.#...:    s S  A. ii       Li,;C "X
ot]lers.  These several forms of amendimnent
are subject to certain general rules, which,
being equally applicable to them all, require
to be stated beforehand.
95. First Rule. When a proposition consists
of several sections, pLaragraphs, or resolLtions,
thle natural order of considering and amenldillg
it is to begin at the begiinning, and to proceed
tirotug,h it in course by paragraphs; and when
a latter part has been amended, it is not in
order to recur back, and make any alteration
or almendment of a former part.
96. Secoild Rule. Every amendment, wlLich
can be proposed, whether by striking out, or
inserting, or striking out and inserting, is itself
susceptible of amendment; but thlere can be
no amendment of an amendment to an amendment; this would be such a piling, of questions
one upon anLother, as would lead to great embarrassment; and as the line must be drawntl
somewhere, it has been fixed by usage after
the  amendment  to the  amendment.   The
object, which is proposed to be effected by
such a proceeding, must be souLght by reje.ting
the amendment to the amendment, in the form
in which it is proposed, and then moving it
again in the forirm in which it is wvished to be 
amended, in which it is only an amendment
to an amendment; and in order to accomplish
this, hlie who desires to amend an amendment
should give notice, that, if rejected, in the
form in which it is presented, he shall move
it again in the form in which he desires to
have it adopted.
97. Thus, if a proposition consist of A  B,
and it is proposed to amend by inserting C D,
it may be moved to amend the amendment
by inserting E  F; but it cannot be moved
to amend this amendment, as, for example, by
inserting G.  The only mode, by which this
can be reached, is to 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, namely, to
insert E G F.
9. Third Rtule. Whatever is agreed to by
the assembly, on a vote, either adopting or
rejecting a proposed amendment, cannot be
afterwvards altered or almnended.
99. Thus, if a proposition consist of A B,
and it is moved to insert C; if the amendment
prevail, C cannot be afterwards amended, because it has been agreed to in that form;
anld, so, if it is mloved to strike out B, and tho
5
i L,.V4.,I.N, J....o lS AIL 6'.
1I -I,: 
64      rPARLIAMENTARY PRACTICE.
amendment is rejected, B cannot afterwards
be amended, because a vote against striking it
out is equivalent to a vote agreeing to it as it
stands.
100. Fourth Rule. Whatever is disagreed to
by the assembly, on a vote, cannot be afterwards moved again. 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 calnnot 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 incompatibility of a proposed amendment with
one which has already been adopted, is a fit
ground for its rejection by the assembly, but
not for the suppression of it by the presiding
officeer, as against order; for, if questions of
this nature were allowed to be brought within
the jurisdiction of the presiding officer, as
matters of order, he minght usurp a negative
on important modifieationrs, and suppress or
embarrass instead of stubseiving the will of
b1-?.SseYnriyV 
AMENDMENTS.
SECT. VI.  AMENDMENTS BY STRIKING OUT.
103. If an amendment is proposed by striking out a particular paragraph or certain words,
and the amendment is rejected, it cannot be
again moved to strike out the same words or
a part of them; but it may be moved to strike
out the same words with others, or to strike
out a part of the same words with others, provided the coherence to be struck out be so
substantial, as to make these, in fact, different
propositions from the formner
104. Thus, if a proposition consist of A B C
D, and it is moved to strike out B C; if this
amendment is rejected, it cannot be moved
again; btut it may be moved to strike out A B,
or A B C, or B C D or C D.
105. If an amendment  by striking out is
agreed to, it cannot be afterwards moved to
insert the same words struck out or a part of
them; but it may be moved to insert the same
words with others, or a part of the same words
with others, provided  the cohlreneilce to be
inserted make these proI)ositions subtun}iilly
different firom the fist.
106. ThLus, if the proposition A B  C D is
amended by strikin out B  C, it cannot be
65 
I)I1 PARLIAMENTARY PPACTICGL.
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 insertin,
108. Thus, if it is moved to amend the
proposition A B CD, by striking out B C, it
may boc moved to amend this amendment by
strikinug out B only or C olnly, 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 voti-ng upon it,
whether it be decided in the affirmative or
neg-ative, accordlin, to the third and foulrth
.1cs above mentioned, renders it necessary for
)o,se w-lo desire to retain the paragraph to
::i-rid it, if any amiendment is necessary,
t?'e   e  lie vote is taken on striking(r out; as,
i     u ea'uc~k out, it calnnot be restored, and, if
)~ailedtd, it cannot hbe amiended.
:10. As an aiilendiment tmust necessarily be
tt:tt iio!he quLestion before the plincipal motion; 
AMENDMENTS.
so the question must be put on an amend
ment to an amendment before it is put on the
amendment; but, as this is the extreme limit
to which motions may be put upon one
another, there can be no precedence  of one
over another among amendments to amiendments; and, consequently, they can only be
moved, one at a time, or, at all events, must
be put to the question in the order in which
they are moved.
111. When  a motion for strikiing out words
is put to the question, the parliamentary form
always is, whether the words shall stand as part
of the principal motion, and not whether they
shall be strucl out.  The reason for this form
of stating the question probably is, that the
question may be taken in the same manner
on a part as on the whole of the principal
motion; which would not be the case, if the
question was stated on striking out; inasmuch
as the question on the principal motion, when
it comes to be stated, will be on ag(rreeing to it,
and not on striking out or rejecting it.  Besides, as an equal division of the assembly
would produce a different decision of the question, according to the manner of stating it, it
might happen, if the question on the amend
67 
,,  PARLIAMENTARY PRACTICE
ment was stated on striking ouLt, that the same
question would be decided both affirmatively
and negatively by the same vote 1.
112. On a motion to amend by striking out
certain words, the manner of stating the quLestion is, first to read the passage proposed to be
amended, as it stands; then the words proposed to be struck out; and, lastly, the whole
passage as it will stand if the amendment is
adopted. [~ 323.]
SECT. VII.  AMENDMENTS BY INSERTING.
113. If an amendment is proposed by inserting or adding a paragraph or words, and
the amendment is rejected, it cannot be moved
again to insert the same words or a part of
them; but it may be moved to insert the same
words with others, or a part of the same words
with others, provided the coherence really
make them different propositions.
114. ThuLs, if it is moved to amend the proposition A B by inserting C D, and the amendment is rejected, C I) cannot be again moved;
I The common, if not the only, mode of stating the question, in
the legislative assemblies of this country is on striking out. 
but it may be moved to insert C E, or D E, or
C D E.
115. If it is proposed to amend by inserting
a paragraphl, ana tlie amellndment prevais,' 
cannot be afterwards moved to strike out the
same words or a part of them; bult it may be
moved to strike out the  same words with
others 1, or a part of the same words with
others, provided the coherence be such as to
mnake these propositions really different from
the first.
116. Thus, if in the example above sup posed, the amendment prevails, and C D is
inserted, it cannot be afterwards moved to
strike out C D, but it may be moved to strike
out A C or A C D, or D B, or C D B.
117. Wlheii it is proposed to amend by in sertilng, a paragraph, this amendment may be
amended  in  three different ways,  namely,
either by striking out a part of the paragraph;
or by inserting something into it; or by strik  ing out alnd inserting.
118. Thus, if it is proposed to amend A B
by inserting C D, this amnendmenlt  may  t)e
I This is the common case of striking out a paragraph, after
Iaving amended it by inserting words.
i   ".1..  a,L   i..Ia  
...I L.,.,?RACTICE
amended eithler by striking out C or D, or
inserting E, or by striking outt C or D auld
inserting E.
119. When it is proposed to amend by in serting a paragraph, those who are in favor of
the amendment should amlenld it, if necessary,
before the question is taken; because if it is
rejected, it cannot be moved again, and, if
received, it cannot be amended.
120. There is l1o precedence of one over
another in amendments to amendments  by
inserting, any more thlan ini amendments to
amendments by striking out.
121. On a motion to amend by inserting a
paragraph, the mainner of stating the question
is, fuist, to read t-e passage to be tiamended, as
it stands; then the words proposed to be inserted; and, lastly, the whole passage as it
will stand if the amendment prevails.
SECT. VIII.  A,IENDMENTS  3Y STRIKIING OUT
AND INSEuRTING.
122. The third form of amending a propo
sition, namLely, by striking out certain words
and inserting others in their place, is, in fact,
a combination of the other two forms; and may 
AMENDMENTS.
accordingly be cdivided into those two forms,
either by a vote of the assembly, or on the
demand of a member, under a special ruLle to
that effect'. [B 323.]
123. If the motion is divided, the question
is first to be taken on striking ouLt; and if that
is decided in tihe affirmative, then, on inserting;
btut if the former is decided in the negative,
the latter falls, of course.  On a division, the
proceedingfs are the same, in reference to each
branch of the question, beginninlg with  the
striking ouLt, as if eachl  bramnch  had  been
moved by itself.
124. If the motion to strike ouLt and insert
is puLt to the question Lundclivided, andl is decided
in the negative, the same motion cannot be
made again; butll, 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 ouLt a
1 Mr. Jefferson (~ xxxv.) says, " the question, if desired, is then to
be divided,"' &c.; but, as he mnakes no exception of a motion to
strike out and insert, when treating of the su!)ject of division, and
does not here state it as an exception, he undoubtedly supposes the
division in this case to be made in the I egular and usual manner.
71 
part of the same words with others, and insert
the same; 7, strike out other words and insert
the same; and, S, 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 with others; 2, to insert a
part of the same words with others; 3, to strike
out thle same words withl others; or, 4, to strike
out a part of the same words withl otlhers.
126. When  it is proposed  to  ameinct by
striking, out and insertiing, this amendment
may be amended in three different ways ill
the paragraph proposed to be struck out, and
also in the paragraph  )roposed to be inserted,
namely, by striking out, or inserting, or strikinl(
out and inserting.  And those who are in favor
of either paragraphl must amend it, before the
question is taken, for thle reasons  already
stated, namely, thlat, if decided in the affirnative, the part struck out cannot be restored,
nor can the part inserted be ameneded; and, if
deeided in the negative, the part proposed to
1) struck out cannuot )e'amended, nor can tho
I..        ,  4,, . L.. I I I I  i.1,  l i LI I , IL',.1. 
AMENDMENTS.
paragraph proposed to be inserted be moved
. a'M~an.
27. On a motion to amend, by strikinig out
,:. rain words and inserting others, thie nmanner
f?rtating the question is first to read the whole
,,ssage to be anended, as it stands; then the
,ords proposed to be struLck outt; next those to
be inserted; and, lastly, the whole passage as
it will stand when amended.
SECT. IX.  AML'NDMIENTS CI-IANGING TIIl
NATURE OF A QUESTION.
128. The termil amendment is in strictness aplicable only to thlose changes of a proposition,
by wvhich it is improvedcl, that is, re(ndered more
effectutal for the purpose w-hichl it has in view,
or made to express more clearly aind definitely
the  sense whichl it is intended to express.
Hence it seems proper, that those only should
Lindertakc to amend  a proposition, who  are
friendly to it; biut this is by no means the rle;
when  a proposition is regularly moved  alnd
;eeonldecl, it is ill the possession of thie assembly, and cannot be withidrawn but by its leave;
It h)as then become tl(he ba-sis of the future pro2eedings of the assemnbly, and may be putt into
73 
74      PARLIAMENTARY PRACTICE.
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 manier 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 fu-st
introdltced, may themselves be forced to vote
against it, in its:: <..  orm.    /!
130.  This mode of proceeding is sometimes
adopted for the purpose of defeating a propo
sition, by compelling its originial friends to
unite witlh those who are opposed to it, ill
votilng for its rejection.  Thus, in the British,
houlse of comimons, Jan. 29, 1765, a resolution
beiigl moved, "That  a g,eneral warrant  for
apprehending the authors, printers, or putblishers of a libel, together with their papers, is not
warranted by law, and is an hig,h violation of
the liberty of the slubject: " -it was moved to
amend this iotion by prefixing the following
paragrapl, namely: " That in the particular
case of libels, it is proper and necessary to fix,
by a vote of this house only, what ought to be
dleemed the law in respect of general warrants;
and, for that purpose, at the time when the
determination of the legality of such warrants, 
in the instance of a most seditious and treasonable libel, is actually depending  before  the
courts of law, for this house to declare "- that
a general warrant for apprehending  the authors,
vrinters, or- publishers of a libel, together witl
their papers, is not warranted  by lawy, and is aGz
7zigh violation of the liberty of tlhe subject.   The
aimnenldment was adopted, after a long debate,
and  then the  resolution as amended was  ill'
mnediately rejected without a division. 
1391. But sometines the nature of a propo
sition is chlianged  by  means  of amendments,
withl a view to its adoption in a sense the very
opposite of what it was originally intended to
bear.   The following is a striking example  of
this  mode  of proceeding.   Iii the house  of
commons,  April  10, 1744,  a  resolution  wvas
moved,  declaring,   " That   the   issuing  and
paying'  to the Duke of Arembero  the  slim of'
forty  thoutsand  pounds  sterlirnig, to  piut  the
This inode of defeating a measure, however. is not alw'ys su
cessful. [In 178O, Mr. Dunning havinig made a mroti on, it the house
ofc,rnonois,' that, i,l the opioioI of this house, the itfle,me (f the
crown ha, iicread-,  isierC'sil;tr   l ait,  o I,,  di(m1inihshei,"
Pnn'da,s, l ord -a1o,a"e of "cot, lm d in order to defat the  otiotn,
,roposedl to amuiend by insertiin,, after the words, ij7 the oinion of
,,his 11'ts,c the words; i is    2 cz e,cresarFy to drectare t/at, &c. But thiv
n meenldmnmt inst ead ofiitirilidlalin:ie the friends of the origiral motion
was at. once a:.topted b,y tihemin, and tlhe re-olttioI p.^sed as amendte.
... -.I ii1...>.>. 
aNI~~l;El4L~~t],A  (;\ t(; O.,\P.4 I.  
,. fi~....            I......;.j.,; AmL.,iY  rRACT ICE.
Austrian troops in motion in the year 1742,
was a dangerous misapplication of public
money, and destructive of the rights of parlia ment." The object of this resolution was to
censure the conduct of the ministers; and the
firiends of the ministry, being in a majority,
might have voted directly upon the motion and
rejected it.  But they preferred to turn it into
a resolution approving of the conduct of ministers on the occasion referred to; and it was
accordinigly moved to amend, by leaving out
the words "a dangerous misapplication," &c
to the end of the mnotion, and inserting instead
tlereof the wvords, "necessary for putting the
Said tr oops in motioln, and of great consequence
to the common cause."  The amendment being
adopted, it was resolved (reversing the original
proposition) " That the issuing and paying to
tho Dttike of Aremberg the sum of forty thousandi poulndjcs, to put the Austrian troops in
i}otoio,  in the year 1742, was necessary for
'I-ttilg' the said troops in motion, and of great
conselueiice tio the conimon cause."
T.. It is a mode of defeating a proposition,
somnjewhvat similar to that a)bove mentioned, to
carry oit or e~ten' the principle of it, by
mrani  of' amennts o  as to show  the 
AMENDMIENTS.
inconvenience, absurdity, or danger of its
adoption, with such evident clearness, that it
becomes impossible for the assembly to agree
to it. Thus, a motion having been made in
the house of commons, "for copies of all the
letters written by the lords of the admiralty to
a certain officer in the navy," it was moved to
amend the motion by adding these waords; -
"which letters may contain orders, or be relative to orders, not executed, andl still subsisting." This amendment being adopted, the
motion as amended was unanimotsly reiect.
133. It will be seen, firom the foregoing,
examples, that as the mover of a proposition
is under no restriction as to embracirg' incongruoius matters under the same motion; so, on
the other hand, the assembly may engraft
upon a motion, by way of amendment, matter
which is not only incongruous with, but entirely opposed to, the motion as originally
introduced; and, in legislative assemblies, it
is not unusual  to amend a bill by striking out
.11 after the enacting clause, and inserting an
,i'e]- tw bill; or to amend a resolution by
strikin,' oiut all after the  words  " Resolved
that.' et,il in'serili, a proposition of a wholly
d        iffa:~.t:.'Coir  [-'924.1
i  
CHAPTER X.
OF TIIE ORDER AD    SUCCESSION OF
QUESTIONS.
13d. It is a general rule, that, when a pro)po
sition is regularly before a delib)erative assemI)ly, for its consideration, no other proposition
oI' motion can regLlarly be made  or arise, so
as to take the place of the former, and be first
a-ced upon, unless it be cither,f?rst, a privileged
:,,st,ioeu'  secondly/, a subsidiary question; or,
/o'd/f/, an incidental question or motion.
135. All these lmotiOliS take,he place of thle
p-rhi}JIcipal motion, or main  question, as it is
ts-ULlly called, anld are to be frist put to the
question; a-tnl, amtong themselves, also, there
oare soim, n  lch, in like  maimer,  take  tlhe
1)1 c of all the olthers.   Some of these qlestionls moerely sui)(ersede the principal question,
vunt'l tlet(y  rliove  b,en  dlecided; and,  wVhei.
d(Ieide,i, wlietlier   irmatively or neg'atively,
leave that qutestioii as before.  Others of them
also s     ulpe e e  t  plie princeipal question, until
they at':' (',        Ol.ecilded( one way,
dis'pos  (o'f the plrincipa1l questi/on   buLt, if declded the oic-t        e a, eave it as befote 
l    Ule,,          I:O-  I  *                            4
SECT. I. PRIVILEGED QUESTIONS.
136. There are certain motions or questions,
wvhich, on account of the superior importance
attributed to them, either in consequence of a
vote of the assembly, or in themselves considered, or of the necessity of the proceedings
to wlich they lead, are entitled to take the
lace of any other subject or proposition, which
miiay then be under consideration, and to be
first acted upon and decided by the assembly.
Thlese are called privileged questions, because
they are entitled to precedence over other
questions, though they are of different degrees
aimong themselves.  Questions of this nature
are of three kinds, namiiely, first, motions to
adjouirn; seCOlzfl/y, motions or questions relating
to the rights andc privileges of the assembly,
or of its members individually; and, thirdly,
rnotionis for the orders of the day.
ADJOUIRZNIENT.
137. A  motioni to adjourn takes the place
of all other questionls whatsoever1; for, other
' At is comnonly said, that a motion to adjourn is always in older,
r this is not precisely true.  The question of adjournment may,
6
j.  
I1i  PAOLIAMENTARY PRACTICE.
wise, the assembly might be kept sitting
against its will, and for an indefinite time; but,
in order to entitle this motion to precedence,
it must be simply to "adcljourn," without the
addition of any particular day or time.  And,
as the object of this motion, when made in the
midst of some other proceeding, and with a
view to supersede a question already proposed,
is simply to break up the sitting, it does not
admit of any amendment by the addition of a
particular day, or in any other mnanlier; though,
if a motion to adjourn is made, when no other
business is before the assembly, it may be
amended like otlher questions.  [T 325.]
138. A motion to adcljoLurn is merely, "that
this assembly do nlow adjourn;" and, if it is
carried in the affirmative, the  assembly  is
adjourned to the next sittilng day; unless it
has previotisly come to a resolution, that, on
rising, it will adjournI to a particular d,ay; in
whlichl- case, it is adjourned to that day.
indeed, be moved repeatedly on the same day; yet, in strictness,
not without some intermediate (question being proposed, after one
motion to adjourn is dispiosed of, and bIefore the next motion is made
for adjourning; as, for example, an amendment to a pending question, or for the reading of some paper. The reason of this is, that,
antil some other proceeding has intervened, the question already
decided is tLe same as liat newly moved 
QUESTIONS OF PRIVILEGE.
139. An adjournment without day, that is,
without any time being fixed for reassembling,
would, in the case of any other than a legislative assembly, be equivalent to a dissolutions
140. When a question is interrupted by an
adjournment, before any vote or question has
been taken upon it, it is thereby removed fromn
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.
QursTIONs OF PRIVILrEGEr,.
141  The questions, next in relative impoit,
ance, and which supersede all others for the
time being, except that of adjournment, are
those which conceml 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  lmembers; and, in these
acses, the matter of privilege supersedes the
qulestion pending at the time, together with all
I It is quite common, when the business of a deliberative aissembly has been brought to a close, to adjourn the assembly without
day. A better form is to dissolve it; as an adjournment without day
if we regard the etymology of the word adjourn, is a contradiction
in terins.
II 
subsidiary and incidental ones, and must be
first disposed of. When settled, the question
interrupted by it is to be resumed, at the point
where it was suspended.
ORDERS OF THE DAY.
142. When the consideration of a subject
has been assigned for a particular day, by an
order of the assembly, the matter so assigned
is called the order of the day for that day. If,
n the course of business, as commonly happeis in legislative assemblies, there are several
,sulb,jects assilgned for the same dclay, they are
called the orders of the day.
143. A question, which is thus made the
subject of an order for its consideration on a
p,articuliar day, is thereby made a privileged
question for tlhat day; the order being a repeal,
as to this spe(-ial case, of the general rule as
to busiless.  Ji, thierefore, any other proposition
(wittL tIhe ex(-ceptioni of the two preceding) is
mioved, or -rises, on the day assigned for the
consi}c'wation of a lparticLlar subject, a motion
for thle orcder of the dclay will supersede the
question fnstt made, together with all subsidiary and incidental questions connected with
't, and must be first put and decided; for if the
.. I I I..'..",..'.,."..- I, .. 1,   !.. 
ORDERIS OF THE DAY.
debate or consideration of that subject were
allowed to proceed, it might continue through
the day and thus defeat the order.
144. But this motion, to entitle it to precedence, must be for the orders generally, if there
is more than one, and not for any particular
one; and, if decided in the amirmative, that is,
that the assembly will now proceed to the
orders of the day, they must then be read and
gone tlrough with, in the order in which they
stand; priority of order being considered to
give priority of right.
145. If the consideration of a subiject is
assi,gned for a particular  hour on tile d(tay
named, a motion to proceed  to it is not a(
privileged imotion, until that hour has arrived;
but, if 11no hour is fixed, the order is for tlle
entire day alnd every part of it.
146. ~Ahere there are several orders of the
day, and one of them is fixed for a partictular
hour, if the orders are taken up before!liat
hour, they are to be proceeded with as they
stand, until that hour, and then the sl'lect
assigned for that hour is the next in order;
but, if the orders are taken up at that time or
afterwards, that particular subject must be
considered as the first in order.
83 
PARLIAMENTARY PRACTICE.
147. If the mlotion for the orders of the day
is decided in the affirmative, the original
question is removed from before the assembly,
in the same imanner as if it had been interrupted by an adjournment, and does not stand
before the assembly, as a maltter of course, at
its next meeting, but mlust be renewed in the
usulal way.
148. If the motion is decided in the ncegttive, the vote of the assembly is a discharge
of the orders, so far as they interfere with the
consideration of the subject then before it, and
entitles that subject to be first disposed of.
149. Orders of the day, unless proceeded in
and disposed of on the day assigned, fall, of
course, and must be renewed for somie other
day.   It mnay  be provided, however,  by  a
special rule, as in the legislative assemblies
of MassachuLsetts, that the orders for a particuLlar day shall hold for every succeeding
day, unitil disposed of.
SECT. II. INCIDENTAL QUESTIONS.
150. Incidental questions are such as arise
out of other questions, and are consequently
to be d(eciel before the questions wvhich -ivw 
rise to them. Of this nature are,first, questions
of order; second, motions for the reading of
papers, &c.; third, leave to withdraw a motion;
fourth, suspension of a rule; and, fifth, amend
ment of an amendment.
QUEsTIONs OF ORDER.
151. It is the duty of the presiding officer
of a deliberative assembly, to enforce the rules
and orders of the body over which he presides,
in all its proceedings; and this without question, debate, or delay, in all cases, in which
the breach of order, or the departure from
rule, is manifest.  It is also the right of every
member, taking notice of the breach of a rule,
to insist upon the enforcement of it in the
same manner.
152. But, though no question can be made,
as to the enforcement of the rules, when there
is a breach or manifest departure from them,
so long as any member insists upon their
enforcement; yet questions may and do fre quently arise, as to the fact of there being a
breach of order, or a violation of the rules in
a particular proceeding; and these questions
mnust be decided before a case can arise for
the enforcement of the rules.  Questions of 
this kind  are  denominated  questions  of
order.
153. When any question of this nature
arises, in the course of any other proceeding,
it necessarily supersedes the further consider ation of the subject out of which it arises,
until that question is disposed of; then the
original motion or  proceeding revives, and
resumes its former position, unless it has been
itself disposed of by the question of order.
154. When a question of order is raised, as
it may be by any one member, it is not stated
from the chair, and decided by the assembly,
like other questions; but is decided, in the
first instance, by the presiding officer, without
ally previous  debate  or discussion by the
assembly. If the decision of the presiding
officer is not satisfactory, any one member
may object to it, and have the question
decided  by the assembly.   This  is called
appealing  from  the decision of the  chair.
The question is then stated by the presiding
officer, on the appeal, namely: shall the decision of the chair stand as the decision of the
assembly? and't is thereupon debated and
decided by the assembly, in the same manner
as ally other question; except that the presiding
.  1 6,. . I...1. I I...I L .. I L   -. .1                          ..1-I.L I, . , (;  . 
.~..,,,  Lis         ".  1-AL   "'    i
officer is aLowed to take a part in the debate,
which, on ordinary occasions, he is prohibited
from doing.  [~ 326.]
READING P-KPERS.
155. It is, for obvious reasons, a general
rule, that, where papers are laid before a
deliberative assembly, for its action, every
member has a right to have them once read
at the table, before he can be compelled to
vote on them; and, consequently, when the
reading of any paper, relative to a question
before the assembly, is called for under this
rule, no question need be made as to the
reading; the paper is read by the clerk, under
the direction of the presiding officer, as a
matter of course.
156. But, with  the  exception of papers
coming under this rule, it is not the right of
any member to read himself, or to have read,
any paper, book, or document whatever, without the leave of the assembly, upon a motion
made and a question put for the purpose. TIe
delay and interruption, which would otherwise
ensue from reading every paper that might
be called for, show the absolute necessity
of restricting the rule within the narrowest
i 
possible limits, consistently with permitting
every member to have as much information
as possible, on the subjects in reference to
which he is about to vote.
157. When, therefore, a member desires
that any paper, book, or document, on the
table, whether printed or written (except as
above mentioned) should be read for his own
information, or that of the assembly; or
desires to read any such paper, book, oil
document, in his place, in the course of a
debate, or otherwise; or even to read his own
speech, which he has prepared beforehand
and committed to writing; in all these cases,
if any objection is made, he must obtain leave
of the assembly, for the reading, by a motion
and vote for the purpose
158. When the reading of a paper is evidently for information, and not for delay, it is
the usual practice for the presiding officer to
allow of it, unless objection is made, in which
case leave must be asked; and this is seldom
refused, where there is no intentional or
gross abuse of the time and patience of the
assembly.
159. It is nlot now the practice, as it once
was, in legislative  assemblies, to read  all 
papers that are presented, especially when
they are referred to committees immediately
on their presentation; though the right of every
member  to insist upon one  reading is still
admitted.  It would be impossible, with the
amount of business done by legislative bodies,
at the present day, to devote much of their
time to the reading of papers.
160. When, in the course of a debate or other
proceeding, the reading of a paper is called
for, and a question is made upon it, this questioin
is incidental to the former, and must be first
decided.
WITIIDPiWVtL OF A MOTION.
161. A motion, when recgularly made,.seeondcled, and proposed from tihe chair, is tlen
in the possession of the assembly, and cannot
be withdrawn by the mover, or directly disposed of in any mainner, but by a vote; hence,
if the mover of a question wishes to modify it,
or to substitute a different one in its place, lhe
lnust obtain the leave of the assemibly for that
purpose; which leave can  only be had, if
objection is made, by a motion and question
in the usual mnode of proceeding.   [~ 327.]
,,.,..-. ,.,   L. I I.I.1  .                               ,   1. 
...'ALIAMENTARY PRACTICE.
162. If this motion is decided in the affirmative, the motion to which it relates is thereby
removed from before the assembly, as if it
had never been moved; if in the negative,
the business proceeds as before.
SUSPENSION OF A r]ULE.
163. WVhen any contemplated 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 admitting, the
proceeding or imotion which is desired.  This
can only be done by a motion and question;
and, where this course is taken in order to a
motion ha-ving reference to a proposition then
unlder consideration, a motion to suspend the
rule supersedes the original question for the
time beinrg, and is first to be decided.
164. It is usual, in the code of rules adopted
by  deliberative  assemblies,  and  especially
legislative bodies, to provide that a certain
number exceeding a majority, as two thirds or
three fourths, shall be competent to the suspension of a rule in a particular case; where
this is not provided, there seems to be no 
other mode of suspending or dispensing with
a rul3 than by general consent.
AMENDMENT OF A1ErNDMENTS.
165. In  treating of amendments, it has
already been seen, that it is allowable to
amend a proposed amendment; and that the
question on such suLb-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 being.
SECT. III. SUBSIDIARY QUESTIONS.
1G6. SuLbsidiary, or secondary, questions or
motions, as has already been stated, are those
which relate to a principal imotion, and are
nmade use of to enabule the assembly to dispose
of it in the most appropriate manner.  These
motions have the eifect to supersede, and, in
some cases, when decided one way, to dispose
o,r, the principal question.  They are also of
different degrees amongo.  themiselves, and, accordilg to their several natures, sutpersede,
and,soniletimes dispose of, one another.
167  The subsidiary motions in common use
are the fol' owing, namely:-lie on the table,
., S,z,,i.L.; fi,v ~..I.,,S9i   4,.
,u'l 
:, o.'A,,tJIAMENTARY PRACTICE.
the previous question, - postponement, either
indefinite or to a day certain, - commitment,
- and, amendment.
168. It is a general rule, with certain ea cel)tions which will be immediately mentioned,
that subsidiary motions cannot be applied to
one anothler; as, for example, suppose a motion
to postpone, commit, or amend a principal
question, it cannot be moved to suppress the
motion to postpone, &c., by putting a previous
question on it; or, suppose the previous ques tionl is moved, or a commitment, or amendmelt, of a main question, it cannot be moved
to postpone the previous question, or the
motion for commitment or amendment.  The
reasons for this rule are: 1. It would be absurd
to separate the appendage from its principal;
2. It woutld 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 wvhich it is attempted to dispose of by
another secondary motion.
169. The exceptions to the rule above
stated are, that jotions to postpone  (either
to a day certaini or indefinitely), to commit,
or to amend, a principal question, may be 
O.,. O\N, THIE TABLE.
amended  for the reason, that "the useful
character of amendment gives it a privilege of
attaching itself to a secondary and privileged
motion"; that is, a subsidiary motion to carry
out and improve another may be applied to
that other, but a subsidiary motion to dispose
of or suppress another is not admissible.
Hence, the subsidiary mllotions above mentioned may be amended.
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
day or any other moment is withoutt example
or utility.  For the same reasons, also, that
the form of it is fixed by parliamentary uisage,
and is already as simple as it can be, a motion
to lie on the table cannot be amended.
LIE ON THE TAtBLE.
171. This motion is usually resorted to,
when the assembly has something else before
it, which claims its present attention, and
therefore desires to lay aside a proposition for
',I -,
4 
.1,-S..L...  I.. i        I'RACTICE.
a short but indefinite time, reserving to itself
the power to take it up whlen convenient
This motion takes precedence of and super.
sedes all the other subsidiary motions.
172. If decided in the affirmative, the principal  motion, together with  all the other
motions, subsidiary and incidental, connected
with it, is removed from before the assembly,
tnntil it is again taken up; which it may be,
by motion and vote, at any time, when  the
assemlbly pleases.
173. If decided in the negative, the business
proceeds in the same manner as if the motion
had never been made.
PREVIOUS QUESTION.
171-. This motion has already been describedl (C)3), and the nature a-nd effect of it filly
stated.  It stands in an equal degree with
all the other subsidiary motions, except the
motion to lie on the table; and, consequently,
if first mioved, is not subject to be superseded
by a motion to postpone, commit, or amend.
175. If the l)reviCIoLs question  is mloved
before the others above mentioned, and put
to the question, it has the eflet to prevent
those motions from being made at all; for, 
if decided affirmatively, to wit, that the main
question shall now be put, it would of course
be contrary to the decision of the assembly,
and therefore against order, to postpone, commit, or amend; and if decided negatively, to
wit, that the main question shall not now be
pult, this takes the main question out of the
possession of the assembly, for the day, so
that there is then nothing before it to postpone, commit, or amend.
POSTPONEMENT.
176. The imotion to postpone is either indefinite, or to a d(lay certain; and, in both these
forms, miay be amended; in the former, by
snaking it to a day certain, - in the latter, by
substituting one day for another.  Butt, in the
latter case, propositions to sllubstitute different
days for that originally named, bear more resemblance to propositions for filling blanks,
than they do to amendments, and should be
considered and treated accordingly.
l In the house of representatives of Massachusetts, as the effect
of a negative decision of the previous question is not to remove
the prinicipal question front before the house, that question is still
open to postponement, commitment, or amendment, notwithtan4
ing such negative decision.
7
,6..,  
...j.9.A..),,ACTICE.
177. If, therefore, a motion is made for an
indefinite postponement, it may be moved to
amend the motion, by making it to a day
certain. If any other day is desired, it may
be moved as an amendment to the amendment; or it may be moved as an independent
motion, when the amendment has been re
jected.
178. If a motion is made for a postponement
to a day certain, it may be amended by the
substitution of a different day; but in this
case, a more simple and effectual mode of
proceeding is to consider the day as a blank,
to be filled in the usual mannier, beginning
with the longest time.
179. This motion stands in the same degree
with motions for the previous question, - to
commit, - and to amend; and, if first made,
is not susceptible of being superseded by
them.
180. If a motion for postponement is decided affirmatively, the proposition to which it
is applied is removed from before the assembly, with all its appendages and incidents, and
consequently there is no ground for either of
the other subsidiary motions; if decided nega 
COMIVMITMENT.
tively, that the proposition shall not be postponed, 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 already been once committed), may  be
amencded, by the substitution of one kind
of committee  for another, or by  enlarging
or diminishing the number of the members
of the committee, as origfinailly proposed, or
by instructions to the committee.
1&2. This mlotion stands in the same degree
with the previouis qeicstion and postponement
-ancl, if fist made,e is not superseded  by
them -  )tlt it takes precedence of a motion
to ameid.
183. If decided aifrmatively,  the  proposition is removed from before the assembly;
and, consequently, there is 110,round for the
previous  question, or for postponement, or
amendment;  if negatively, to wit, that the
principal question  shall not  be committed,
that question may then  be suppressed by
tle  previons  (questioli,  or  I.oslponed,  or
aniended.
97 
,     PARLIAM]ENTA]'tY  ]IRACTICE.
AMENDMENT.
184. A motion to amend, as has been seem,
may be itself amended.   It stands in the
same degree only with the previous question
and indefinite postponement, and neither, if
first moved, is superseded by the other.
185. But this motion is liable to be superseded by a motion to postpone to a day
certain; so that amendment and postponement competing, the latter is to be first put.
T'he 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 ciher urgent business
niught 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 Imotion to amend may also be superseded by a motion to commit; so that the
latter, though subsequently moved, is to be
first put; because, "in truth, it facilitates and
befriends the motion to amend."
187. The effect of both a negative and
an aflrmative decision of amendments has
already been considered (94 to 127) 
ORDER OF BUSINESS
CHAPTER XL
OF THE ORDER OF PROCEEDING.
188. When  several subjects are before the
assembly, that is, on their table for consideration (for there can be but a single subject
under consideration at the same time), and
no priority has been given to any one over
another, the presiding officer is not precisely
bound to any order, as to what matters shall
be first taken uLp; but is left to his own discretiol, unless the assemibly on  a  question
decide to take up a particular subject.
189. A  settled order of business, however,
where the proceedings of an  assembly  are
likely to last a considerable time, and the
matters before it are somewhat numerous, is
useful if not necessary for the government of
the presiding officer, and to restrain individual
members from calling uLp favorite measures,
,)r matters under their special charge, out of
;heir just time.  It is also desirable, for direct ng the discretion of the assembly, when a
motion is made to take up a particular matter,
s  the prejudice of others, which are of right
.          I             v  
..............h.~ ARY  PRACTICE.
entitled to be first attended to, in the general
order of business.
190. The order of business maybe estab lished in virtue of some general rule, or by
special orders relating to eachl particular subject; and must, of course, necessarily depend
uLpon the nature and amount of the matters
before the assembly.
191. The natural order, in considering and
amending any paper, which consists of several
distinct propositions, is, to begin at the begilnning, and proceed through it by paragr-)hs;
and this order of proceeding, if strictly adhered
to, as it should always be in numerouts assemblies, would prevent any amendmnent  in a
former part, from being admissible, after a
latter part had been amended; but this rule
does not seem to be so essential to be observed
in smaller bodies, in which it may often be
advantageous to allow of going from one part
of a paper to another, for the purpose of
amendments.
192. To this natural order of beginninig at
the beginning, there is one exception according to parliamentary usage, where a resolultion
or series of resolutions, or other paper, has a
preamble or title; in which case, the preamb]l
I
I  
or title is postponed, until the residue of the
paper is gone through with.
193. In considering a proposition consisting
of several paragraphs, the course is, for the
whole paper to be read entirely through, in
the first place, by the clerk; then, a second
time, by the presiding officer, by paragraphs;
pausing at the end of each, and putting
questions for amending, if amendments are
proposed; and, when the whole paper has
been gone throLugh with, in this mannler, the
presiding officer puts the final question on
agreeing to or adopting the whole paper, as
amended, or unamended.
194. When a paper, which has been referred to a committee, and reported back to the
assembly, is taken up for consideration, the
amendments only are first read, in course, by
the clerk. The presiding officer then reads
the first, and puts it to the question, and so
on until the whole are adopted or rejected,
before any other amendment is admitted, with
the exception of an amendment to an amendment. When the amendments reported by
the committee have been thus disposed of,
the presiding officer pauses, and gives time for
amendments to be proposed in the assembly 
IU2     RPARLIAMENTARY PRACTICE.
to the body of the paper (which he also
does, if the paper has been reported withou,
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 resoluttion, &c., of the assemnbly, and not
as tile report of the committee accepted.
196. When the paper referred to a committee is reported back, as amended, in a new
draft (which may be and often is done, where
the amendments are numerous and comparatively unimportant), the new  draft is to be
considered as an amendment, and is to be
first amended, if necessary, and then put to
the question as an amendment reported by
the committee; or, the course may be, first
to accept the new draft, as a substitute for
the original paper, and then to treat it as such. 
ORDER OF BUSINESS.
197. It often happens, that, besides a
principal question, there are several others
connlected. with it, pending, at the samne time,
which are to be taken in their order; as, for
example, suppose, first, a principal motion;
seco2zd, a motion to amend; thir(, a motion to
commit; fott/it, the p)receding motions beingi
penldiiig, a question of order arises  in tlhe
debate, whicl  gives occasion, 1ft7/, to a questioon of privilege, and this leads, sixth, to a
subsidiary miotion, as, to lie on  the table.
The regular cotLirse of procceediig requires the
motionl to lie on the table to be first puLt; if
this is nlegatived, the question of privilege is
flien settled; a['ter that comes the question
of order; then the question of commitment;
if that is lnegratived, the question of amendment is taken; and, lastly, the main qiestioln.
This example  vill sufficiently illustrate the
muanner ill which questions may grow out of
one another, anld in what order they are to bedecided.
19S. W'hen a motion is miiade and seconded,
it is the duLty of the presiding offieer to propose
1 The order of motions, for the disposal of any question, is usually
ixed by a special rule, in legislative assemblies.  See i-ote to paragraph 61.
103 
104     PARLIAMENTARY PRACTICE.
it to the assembly; until this is done, it is not
a question before the assembly, to be acted
upon or considered in any inllller; and eonsequently 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 proceediing to allow a principal
motion and a subsidiary one re]ating to it to
be proposed and stated together, and to be
put to the question in their order; as is done,
when a memlber moves a principal questioni,
a resolution, for example, and, at the same
time, the previous question, or that the resolution lie on the table.  In such a case, the
presiding, officer should take no notice whatever of the subsidiary motion, but should
propose the principal one by itself in the usual
manlner, before allowing any other to be made.
Other members, then, would not be deprived
of their rights of debate, &c., in relation to the
suibject 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
speaking, can he be interrupted in his speech,
by any other member lising andl moving anl 
ORDER OF BUSINESS.
adjournment, or for the orders of the day, or
by making ally other privileged motion of the
same kind; it being a general rule, that a
member in possession of the floor, or proceeding with his speech, cannot be taken down or
interrupted, but by a call to order; and the
question of order being deciaed, he is still to
be heard through.   A  call for an acljourlment, or for the orders of the day, or for the
question, by gentlemen in their seats, is not a
motion; as no motion can lbe made, wvitlhout
rising and addressing the  chair, and being
called to by the presiding officer.  Sluch calls
for the question are themselves l)reaches of
order, which, though the member  who has
risen may respect them, as an expression of
the inmpatiellce of the assembly at further
debate, do not prevent him from going on if
hlie pleases. [T 328.]
105 
.?A,ii,A...AMl~ TARY PRACTICE.
CHAPTER XII.
OF ORDER IN DEBATE.
201. Debate in a deliberative assembly
must )e distingiished from forensic debate,
or ihat which takes place before a juidicial
tribLunal; the former being, in theory, at least,
more the expression of individual opinions
among the'i,embers 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 proceedings,
in any other capacity than as such officer.
He is only allowed, therefore, to state matters
I An exception to this rule is sometimes made in favor of the
mover of a question, who is allowed, at the close of the debate, to
reply to the arguments brought against his motion; but this is a
matter of favor and indulgence, and not of right. 
of fact within his knowledge; to inform the
assembly on points of order or the course of
proceeding, when called upon for that purpose,
or when he finds it necessary to do so; and,
on appeals firom his decision on questions of
order, to address the assembly in debate.
SECT. I. AS TO TIlE 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, uncovered, and  to
address himself not to the assembly, or any
particular member, Ibut to the presiding officer,
who, onl hearing him, calls to him by his name,
that the assembly may take notice who it is
that speaks, and give their attention accordingly.  If any question arises, as to who shall
be entitled to the floor, where several members rise at or nearly at the same time, it is
decided in the manner already described (46),
-.s to obtaining the floor to make a motion.
204. It is customary, indeed, for the preiiding officer, after a motion has been made,
econded, and proposed, to give the floor to
.1  A 
PARLIAMENTARY PRACTICE.
the mover', in preference to others, if he rises
to speak; or, on resuming a debate, after an
adjournment, to give thle 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 measuLre in question; but,
in all these cases, the determination of the
presiding, officer may be overruled by the
issembly.
205. It is sometimes  thought, that, when
a member, in the course of debate, breaks off
his speech, and gives uip the floor to another
for a particular purpose, he is entitled to. it
'gain, as of right, when  that  purpose  is
a.-I oIn)lislhed; but, though  this is generally
conceded, yet, when a meml)er gives up the
floor for o1e purpose, lie does so for all; and
it is Ilinot possible for tlhe presiding officer to
take notice of and. enforce agreements of this
nature between members.
206. No person, in speaking, is to mention
1 Sometimes a member, instead of proposing his motion, at first,
proceeds wit  h his speech; tbut, il such a cases, he is liable to be
taken downi to ofder, unless he states that he intends to conclude
with a motion, and informs the assembly what tLat motion is, and
ilhci lie may b e altowed to proceed. 
..,.,,,  O.:  SPEAKING.
a member then present by his name; but to
describe him by his seat in the assembly, or
as the member who spoke last, or last but one,
or on the other side of the question, or by
some other equivalent expression.  The puLrpose of this rule is to guard as much  as
possible against the excitement of all personal
feeliing, either of favor or of hostility, by separating, as it were, the official from the personal
character of each member, and having regard
to the former only in the debate.
207. If the  presidilng officer rises  up to
speak,  any other member,  who  may  have
risen for the same purpose, out,ht to sit down,
in order that the former may be first heard;
but this rule does not authorize the p)residing
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.  [~ 329.]
208. A member, whilst speaking, must remain standing in his place, uncovered; and,
when he has finished his speech, he ought to
resume his seat; but if unable to stand without
pain or inconvenience, in consequence of age,
sickness, or other infirmity, he may be m.
d'tlg-d to speak sitting
109 
SECT. II.  AS TO THE MATTERI IN SPEAKING.
209  Every question, that can be made in a
deliberative assembly, is susceptible of being
debated 1, according to its nature; that is,
every member has the right of expressing his
opinion upon it.  Hence, it is a general rule,
and tile principal one relating to this matter,
that, in debate, those who speak are to confine
themselves to the quLestion, ami  not to speak
impertinently, or beside the sulbject.  So long
as a member has the floor, and keeps within
fithe rule, he may speak for as long a time as
hlie pleases; though, if all uninteresting speaker
trespasses too ninch upon the time and patience of the assembly, the members seldom
fail to show their dissatisfaction, in some way
or other, which induces him to bring his remarks to a close.  ['T 330.]
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
hlie meains to conclude his remarks with a
I Ii legislative bodies, it is usual to provide, that certain questions,
as, for exaniple, to adjourn, to lie on the table, for the previous ques.
tion, or, as to the order of business, shall be decided without debute 
motion to rescind sach determination; but
while a proposition under consideration is still
pending, and not adopted, though it mray have
been reported by a committee, reflections on
it are no reflections on the assembly. The
rule applies equally to the proceedings of
committees; which are, indeed, the proceedings of the assembly.
211. Another rule in speaking is, that no
member is at liberty to digress from the matter
of the question, to fall upon the person of
another, and to speak reviling, nipping, or
unmannerly words of or to him.  The nature
or consequences of a measure may be reprobated in strong termns;  but to arraign the
motives of those who advocate it, is a personality and against order.
212. It is very often an extremely difficult
and delicate matter to decide whether the
remarks of a member are pertinent or relevant to the question; but it will, in general,
b)e safe for the presiding officer to consider
them so, Lnless they very clearly reflect, in an
improper manner, either upon the person or
motives of a member, or upon the proceedings
of the assembly; or the member speaking
digresses from or manifestly mistakes tho
question, 8
.:" -.11... 
PARLIAMENTARY PRACTICE.
213. It often happens in the consideration
of a subject, that, whilst the general question
remains the same, the particular question
before the assembly is constantly changing;
thus, whlile, for example, the general question
is on the adoption of a series of resolutions,
the particular question may, at one moment,
be on an amendment; at another on postponement; and, again, on the previous question.
In all these cases, the particular question
supersedes, for the time, the main question;
and those who speak to it lmust couffine their
remarks accordingly. The enforcement of
order, in this respect, requires the closest
attention on the part of the presiding
officer. [~ 331.]
214. When a member is interrupted by
the presiding officer, or called to order by a
member, for irrelevancy or departing from  the
question, a question may be made as to
whether he shall be allowed to proceed in
his remarks, in the manner he was speaking
when he was interrupted; but, if no question
is made, or if one is made and decided in the
negative, he is still to be allowed to proceed
in order, that is, abandoning the objectionablo
course of-remark. 
TIMES OF SPEAKING.
SECT. III.  As TO TI!IES OF SPEAKING.
215. The general rule, in all deliberative
assemblies, unless it is otherwise specially
provided, is, that no member shall speak more
than once to the sanme question'; although the
debate on that question may be adjourned
and continued tluough  several days;  and,
although a member, who desires to speak a
second time, has, in the course of the debate,
changed his opinioln.
210. ThIis rule refers to the same question,
technically considered; for, if a resolution is
moved and debated, and then referred to a
coiimittee, those who speak on the introduetion of the motion may speak again on the
question presented by the report of the committee, though it is substantially the sainme
question with the former; and, so, members,
whlo have spoken on the principal or main
quiestion,  na y speak again on all the subsidiary or incidenltal qutestions arising in the
course of the debate. [I 332.]
l The mover and seconder, it they a,n not speak to the question,
at the tine when the motion is made and seconded, have the same
right with other members to address the assembly.
113 
~....:.:' AMENTARY PrIACTICE.
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  [~ 333.]
219. It is sometimes supposed, that, because
a member  has a right to explain  himself,
he therefore has a right to interrupt another
member, whilst speaking, in order to make
the explanation: but this is a mistake; he
should wait until the member speaking has
finished; aind if a member, on being requested,
yields the floor for an explanation, he re
linquishes it altogether. 
STOPPING DEBATE.
SECT. IV.  As TO STOPPING DEBATE.
220. The only mode in ulse, in this country,
until recently, for the purpose of putting an
end to an unprofitable or tiresome debate,
was  by moving the previous question;  tlle
effect of which motion, as already explained,
if decided in the affirmative, is to require the
main or principal question to be immediately
taken.  When this question is moved, therefore, it necessarily suspends all further consideration of the mnain question, and precludes
all further debate or amendment of it; thotugh,
as has been seen, it stands in the same degree
with postponement, amendment, and coinimitment; and, iunless in virtue of a special rule,
cannot be moved while either of those miotions is pending.
221. The other mode of puttinig an end to
debate, which has recently been  introduced
into use, is for the assembly to a(1op)t beforehand a special order in reference to a particular
subject, that, at such  a time specified,  all
debate upon it shall cease, and all motions or
questions pending in relation to it shall be
decided. 
...k _.' I   z. IL,',a -L.:,~.L,. L I,,.U                 -
222. Another rule, vwhich has lately been
introduced for the purpose of shortenilng rather
than stopping debate, is, that no member shall
be pernmitted to speak more than a certaini
specified time on any question; so that, when
the time,allottedl has expired, the presiding
officer announcees the fact, and the miemuber
speakiing resumes his seat.
SECT. V.  As TO DECORUM IN DEBATE.
223. Every melnber having the lighot to be
ieard, every other nmemnber is bolund to conduclit 1himself in suchl  a  imanner, that this riglht
may be effeetttal.   I-ence, it is a rule of order,
a    s wve   ll as     dccy,- that:io meinlmber is to
distunL  anoth er  in llis  slpeehl- by lIissing,
cou-liiino, sl)ittln(; by speaking, or whispering; by passing  between the presiding officer
and the mnemnber speaking; by  going across
the asseilmbly-rooni-, or wvalking Lp and down
in it; or by any other disorderly deportment,
wlhich tends to disturb or cdlisconcert a nmember
vho is speaking.
224. But, i~ a member speaking finds, that
he is not regarded wvith that respectful attention, wb ie his equil right demanrs,- -lat 
it is not the inclination of the assembly to hear
him, - and that by conversation or any other
noise they endeavor to drown his voice, -it
is his most prudent course to submit himself
to the pleasure of the assembly, and to sit
dowl; 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 arc so wholly
inattentive to one, who says any thing worth
their hearing.
225. It is the duty of the presiding officer,
in such a case, to endeavor to reduce  the
assembly to order and decorum; but, if his
repeated calls to order, and his appeals to the
good sense and decency of the members,
prove ineffectual, it then becomes his duty to
call by name any member who obstinately
persists in irregularity; whereupon the assembly may require such member to with draw; who is then to be heard, if he desires
it, in exculpation and to withdraw; then the
presiding officer states the offence committed,
and the assembly considers of the kind and
degree of punishment to be inflicted.
226. If, on repeated trials, the presiding
officer finds that the assembly will not support 
., I ~ 6,.     I.     s.. I.  I.;    I    I   II  J.  J.,CE.
him in the exercise of his authority, he will
then be justified, but not till then, in permitting, without censure, every kind of disorder.
SECT. VI.  As TO DIsORDERLY WORDS.
227. If a member, in speaking, makes use
of language, which is personally offensive to
another, or ilnsuLlting to the assembly, and the
member offended, or any other, thinks proper
to complain of it to the assembly, the course
of proceeding is as follows:  [~ 334.]
228. The member speaking is immediately
interrupted in the course of his speech, by
another or several members rising and calling
to order; and, the member, who objects or
complains of the words, is then called upon
by the presiding officer  to state the words
which he complains of, repeating them exactly
as he conceives them to have been spoken,
in order that they may be reduced to writing
by the clerk; or the member complaining,
without being so called upon, may proceed at
once to state the words either verbally or in
writing, and desire that the clerk may take
them down at the table. The presiding
officer may then direct the clerk to take them 
,_,I., wI. 1. ~j,2     L    v, U,,
down; but if he sees the objection to be a
trivial one, and thinks there is no foiundation
for their being  thought  disorderly, he will
prudently delay giving any such directions, in
order not unnecessarily to interrupt the proceedings; though if the members  generally
seeln to be il favor of having the words taken
down, by calling out to that effect, or by a
vote, which the assembly may doubtless pass,
the presiding officer should certainly order the
clerk to take them  down, in the form and
manner  in which  they are stated  by  the
member who objects.
229. The words objected to being thus
written  down,  and forming  a part of th e
minutes in the clerk's book, they are next to
be read to thle member who  was speaking,
who  may deny that those  are  the words
which he spoke, in which case, the assembly
must decide  by a question, whether  they
are the words or not'. If he does not deny
that he spoke those words, or when the
assembly  has  itself determined  what  the
words are, then the member may either
1 The words, as written down, may be amended, so as to conform
to what the assembly thinks to be the truth. 
justify them, or explain the sense in which
he used them, so as to remove the objection
of their being disorderly; or he may make an
apology for them.
230. If the justification, or explanation, or
apology, of the member, is thought sufficient
by the assembly, 110o fuirther proceeding is
necessary; the member may resume and go
on with his speech, the assembly being presumed, uinless some further motion is made,
to be satisfied; but, if any two members (one
to make and the other to second the motion)
tliink it necessary to state a quLestion, so as
to take the sense of the assembly uipon  the
words, ancl whether the member in using
them has been guilty of any offence towards
the assembly, the member  must withdraw
before that question is stated; and then the
sense of the assembly must be taken, and
such further proceedings had in relation to
punishing the member, as may  be thought
necessary and proper.
231. The above is thie course of proceeding
established by the writers of greatest authority 1, and ought invariably to be puLrsued; it
I Mr. tlatse1I, in Englanld, td Mr, Jefferson, in this countrly, 
.4. 
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 minuLtes; by wThichi means,
the presiding officer wolILd be relieved from
the responsibility of determining, in the first
instance, upon the character of the words.
232. If offensive words are nlot taken notice
of at the time they are spoken', buLt the
member is allowed to finish his speech, and
then any other person speaks, or any other
matter of business initervenes, before notice is
taken of the words whichl  gave offence, the
words are not to be wnitteii down, or the
member uising t]iem censtured.  This rutle is
established for the common security of all tlhe
members; and to prevent the nmistakes,which
must necessarily happen, if words complained
of are not immediately reduLced to vriting.
1 Mr. Jefferson (~ 17) lays it down, that "disorder,y words are not
to be noticed till the member has finished his speceh." But iin this,
he is contradicted by Hatsell, as well as by the general pI)ractiee of
legislative bodies.
L V 
.   rPARLIAMENTARY PRACTICE.
CHAPTER XIII.
OF THE QUESTION.
233. When  any proposition is made  to a
deliberative assembly, it is called a motion;
when it is stated or propounded to the assembly, for their acceptance or rejection, it is
denominated a question; and, when adopted,
it becomes the order, resolution, or vote, of the
assembly.
2341. All the proceedings, which have thus
far been considered, have only had for their
object to bring a p)roposition into a form to be
put to the question; that is, to be adopted as
the sense, will, or judgment, of the assembly,
or to be rejected; according as such proposition may be found to unite in its favor, or to
fail of uniting, a majority of the members.
23.5. When any proposition, whether principal, subsidiary, ar 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
debate upon it, if any, appears to be brought 
FORM OF QUESTION.
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. [~ 3305.]
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 be received?
and, so, when the previous question is moved,
it is stated in this form, Shall the main question be nowc put?- the question being stated,
in all cases, in the form in which it will appeal
on the journal, if it passes in the affirmative.
237. In matters of trifling importance, or
which are generally of course, such as receiving, petitions  and  reports,  withdrawing
rotions, reading papers, &c., the presiding
officer most commonly supposes or takes for
?T'anted( the consent of the assembly, where
-10 objection is expressed, and does not go
-hrotugh the formality of taking the question
y a vote.* But if, after a vote has bees
aken in this informal wray and declared, anv
* [I 313.1
123 
124      PARLIAMENTARY PRIACTICE.
member rises to object, the presiding officer
should consider every thing that has passed
as nothing, and, at once, go back and pursue
the regular course of proceeding.   ThuLs, if a
)etitioil 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 officer to require a motion for
receiving it to be reLgularly made and seconded.
238. The question being stated by the presidcing, officer, ihe first puts it in the affirmative,
naiiely: As gi-any as are of opinion  tatrepeatiing the wvordls of the qulestion, -say
aye; and, imminediately, all the members who
are of that ol)jiiOnl answer aye; the presiding
officer then puLts the question negatively; As
.za,ny as are of a cf(erent o})inion, say no; and,
ihe1reupon, all the members who  are of that
opinion  answer alo.   The  presiding officer
judgL}es by his ear whiich side has "the more
voices," and decid(es accordingly, that the ayes
liatvc it, or t,e 9nocs have it, as the case may be.
If -e pzesidin g  officer is doubtful as to the
majority of voices, hle may put the question a
second time, and if lhe is still unable to decide,
or, if; having decided according to his judg 
TAKING  TIlE QUtESTION.
ment, any member rises and declares, that he
believes the ayes or the noes (whichever it may
be) have it, contrary to the declaration of the
presiiing officer, then the presiding officer
directs the assembly to divide, in order that
the members on the one side and the other
may be counted.
239. If, however, any new motion should
be made, after the presiding officer's declaration, or, if a member, who was not in the
assembly-room when the question was taken,
should come in, it will then be too late to
contradict the presiding officer, and have the
assembly divided.
240. The above is the parliamentary form
of taking a question, and is in general use in
this country; but, in some of our legislative
assemblies, and especially in those of the
New Eln,glanld states, the suffirages are given
l)y the members holdin,g up their right hands,
first, those iii the affirmative, and then those
ini the negative, of the question.  If the presldinl', officer caniot determine, by the show
of halnds, which side has the majority, he may
call upon thie members to vote again, and if
1 The most common expression is: "I doubt the vote," or,'" that
tote is doubted."
125 
~..4wt..Az AVL.SNTARY PRACTICE.
he is still in doubt, or if his declaration is
questioned,  a division takes  p)lace.   When
the question is taken in this mainner, the presiding officer directs the members, first on the
afflmnative side, and then on the negative, to
manifest their opinion by holding up the right
hand.
241. When a division of the assembly takes
place, the presidinlg officer sometimes directs
the members to range themselves on different
sides of the asseml)ly-rooln, and either counts
them hihnself, or they are cotunted by tellers
appointed by him for the purpose, or by monitors p)ermanently appointed for that and other
purposes; or the members rise in their seats,
first on. the affirmative and then on the negative, and (standing uncovered) are counted in
the same manIer.   Wthen the members are
counted by the presidilg officer, he announces
the n-unbers and declaries the result.  When
they are counted by tellers or monitors, the
tellers muist first agree among tlieiselves, a-nd
then the one who has told for the majority
reports the numbers to the presiding officer,
who, thereuponi, declares the result.
242. The best mode of dividing an assembly, that is at all linumerous, is for the presiding 
YEAS AND NAYS.
officer to appoint tellers for each division or
section of the assembly-room,  and then  to
require the  nmembers, first those in the affirm ative, and then those in the negative, to rise,
stand uncovered, and be colinted; this being
done, on each side, the tellers of the several
divisions make their retunLis, and the presiding
officer declares the result.
243. If the menmbers 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 negative.
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 taking the
tuestion, which requires to be described, is
)ne in general ulse in this country, by means
)f which the names of the members voting on
he one side and on the other are ascertained
-,nd entered in the journal of the assembly.
T'his mode, which is peculiar to the legislative
Bodies of the United States, is called talding the
4 [See N 336, for E,xplanation of ~ 243.]
n
127 
question by yeas and nlays. In order to take
a question in this mannier, it is stated on both
sides at once, namnely: As  many as are of
opizion,  that, &c., will, whIen their namies are
called, answer yes; and, As snazy as are of a
di.-erent opinion will, when their namnes are
called, answer no; the roll of the assembly is
thlen called over by the clerk, and each miember, as his name is called, rises in his place,
and answers yes or no, and the clerk notes the
answer as the roll is called. When the roll has
been gone tlhrough, the clerk reads over first
the names of those who have answered in the
affirmative, and then the names of those vllwho
have answered in the negative, in order that
if he has made  any mistake in noting  the
answer, or if any member has made a mistake
in his answer, the mistake of either miay be
corrected.  The names having been thus read
over, and the mistakes, if any, corrected, the
clerk counts the       num bers on each side, and
reports thliem  to the presiding  officer, who
declares the result to the assembly.
246. The following is the mode practised in
the lhouse of representatives of Massachusetts,
(which is by far the most numerous of all the
legislative bodies in this country,) of taking a 
YEAS AND NAYS.
question by yeas and nays. The names of
the mlembers being printed on a sheet, the
clerk calls them in their order; and, as each
one answers, the clerk  (responding to the
imleuber, at tihe same ti,e) places a figure in
pencil, expressing the number of the answer,
at the left or rig,llt of the namie, according as
the anuswer is yes or no; so that the last figure
or nim1l)ber, on each side, shows the number
ef the atisw,,ers onl that side; and the two last
numbers or figures represent the respective
numbers of the affirmatives and negatives on
the division.  Thus, at the left hand of the
namie of the n ember who first answers yes, the
clerk places a figure 1; at the right hand of
the first me'iber who  answers  no, he'also
places a figure 1; the second  ieiember that
answers yes is mlarked 2; and so on to the end
of the list; the side of the name, on1 which the
figure is placed, denoting whether the answer
is yAes or no, and the figure denoting the nullber of the answer onl that side.  The affirmatives and negatives are then read separately,
if necessary, thiough tliis is usally omitted,
and the clerk is then prepared, by means of the
last figure on each side, to give the numbers
to the speaker to be announced to the house.
129 
1i ]     PARLIAMENTARY PRACTICE.
The names and answers are afterwards re
corded on the journal.
247. In any of the modes of taking a ques
tion, in which it is fist put oni one side, and
then on the other, it is no full question, until
the negative as well as the affirmative has
been put.  Consequently, until the negative
has been put, it is in order for any member, in
the same manler as if the division had not
commenced, to rise and speak, make motions
for amendment, or otherwise, and thus renew
the debate; and, this, whether such member
was in the assenmbly-room or not, when the
question was put and partly taken.  In such a
case, the question must be put over again on
the affirmative, as welil as the lnegative side;
for the reason, that mtemnbers who were not in
the assembly-room, when the question was
first put, may have since come in, and also
that some of those who voted, lmay have since
changed their minds.   When a question is
taken by yeas and nays, and the negative as
well as the afirmative of the question is
stated, and the voting on each side begins
and proceeds, at the same time, the question
cannot be opened and the debate renewed,
after the voting has commenced 
QUESTIONS ON A DIVISION.
248. If any question arises, in a point of
order, as, for example, as to the right or the
duty of a member to vote, during, a division,
the presiding officer must decide it peremptorily, subject to the revision and correction of
the assembly, after the division is over.   In a
case of thliis kind, there can be no  debate,
though the presiding officer may if he pleases
receive the assistance of memibers with their
advice, which they are to give sitLing, in order
to avoid even the appearanuce  eot a debate;
but this can  only be  vithi the leave of the
presiding  officer, as Otilierwjse  thle  divisioc
might be prolonged to an inc onen.lent ]enicth;
nor can any question be tlkeii, for othelrwvise
there milght be division upon division witlhoutt
end.
2,19. When, from couLnting the assemblly on a
division, it appears that there is niot a qtorim
present, there is no decision; but the matter
in question continues in the samie state, in
wvhich it was before the division; and, when
afterwards resumed, whether on the same or
on some future daiy, it  must be Taken uip at
that precise point
131 
132     PARLIAMENTARY PRACTICI.
CHAPTER XIV.
OF RECONSIDERATION.
250. It is a principleo of par'lia,iientary law,
upon which mian,ly of the rules arnd proceedings
previously statec' are fou'idec, that when a
question has been once plt to a deliberative
assembly, anld  dlecided, whether ini the afiirm
ative or negative, that deisi on i s the judCImlent
of the asseinhly, an,  C'o.lno1t be ai'n broulght
into questioln.
251. This I'r;'l})le holds equal'y, althoutgh
the questioni  1o'0 3o  is niot thle identical
question xi-i' eli!,as L c,dy 1)een decided, but
only its eqUiV'alt' a,:  example,  where
the negative of  c1es-in amounts to the
..fflriati'v cof.,       a0-   lets  noI  1   other
alternataiv~e, +l"-'. -- 3to'-s-ions atr  the equiva'ents of ou0  ac.v:,  a::.:    i Cieisioni of tllhe one
iecessa'ily c     o    1't:e other.
.52.  A                     t':::!l'cton of tle rulle as
0o  equiale t o              occu 0  rsls  ia the case
:)it au mz~eu <'!nt.::: I ):'o)pse d by LI    strikingi out
~\,'s   1         t:,,_variable practie to 
RECONSIDERATION.
consider the negative of striking out as equiv.
alent to the affirmative of agreeing; so that to
put a question on agreeing, after a question
on striking out is negatived, would be, inll
effect, to put tlie same question twice over.
253. Tihe principle above stated does not
apply so as to prevent puttilng the samne question in the cdiferent stages of any proceeding,
as, for example, in legislative  bodies, the
different stages of a bill; so, in considering
reports of coimmittees, questions already taken
and decided, before the subject was referred,
may be again proposed; and, in like manner,
orders of the assembly, and instructions or
references to coimmittees, may be discharged
or rescinded.
254. The inconvenience of this rule, which
is still maintained in all its strictness in the
British parliament (though divers expedients
are there resorted to, to counteract or evade it),
has led to the introduction into the parliamentary practice of this country of the motidln
for reconsidercation; which, while it recognizes
and upholds the ruile in all its ancient strictness, yet allows a deliberative assembly, for
sufficient reasons, to relieve itself from the
embarrassment  and  inconvenience,  whilh
133 
would occasionally restillt from a strict en forcement 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 afirmatively or negatively.
256. For this purpose, a motion is made
and seconded, in the usutal manner, that such
a vote be reconsidered; and, if this motion
prevails, the matter stands befbre the assembly in precisely tlhe same state and condition,
and the same questions arc to be put in relation to it, as if the vote reconsidered had
never been passed.  Thus, if an amendment
by inserting words is moved and rejected, the
same  amendment cannot be  moved  again;
but, the assembly may reconsider the vote by
which it was rejected, and then the quiestion
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
made; thus, for example, that it shall be made
only on the same or a succeeding day,- by a 
,k   m4k.,XX o.hA   O\..
member who voted with the majority, - or at
a time when there are as many members
present as there were when the vote was
passed; but, where there is no special rule on
the subject, a motion to reconsider imust be
considered in the same  light as any other
motion, and as subject to no other rules.  FBy
337.]
i. o l 
,1  PARLIAMENTARY PRACTICE.
CHAPTER XV.
OF COMMITTEES.
SECT. LI.  TIIEIR NATURE AND FUNCTIONS.
258. It is usual in all deliberative assemblies, to take the  preliminlay (sometimes,
also, the  intermediate) measures,  and to
prepare matters to be acted uponi, in the
assembly, by means of committees, composed
either of members specially selected for the
particular occasion, or appointed beforehand
for all matters of the same nature.
259. Committees of the first kind are
usually called select,  the others  standing;
though the former appellation belongs with
equal propriety to both, in order to distinguish
them from another form of committee, constituted either for a particular occasion, or for
all cases of a certain kind, which is composed of all the members of the assembly, alnd
therefore denominated a cognmittee of the vhooe
260. The advantages of proceeding in this
mode are manifold.  It enables a deliberative
assembly to do many tlings, which, frrom its
4 
COMMITTEE S.
.lumbers, it would otherwise be unable to do;
to accomplish a much greater quantity of
)usiness, by dividing it among the members,
han could possibly be accomplished, if the
"hole body were  obliged to  lev-ote itself to
:ach particular subject; -  andl to act in the
)reliminary and  preparatory  steps,  with  a
treater degree of freedom, than is compatible
vith the forms of proceeding usually observed
n full assembly.
261. Committees are appointed to consider
particular subject, either at large or under
;pecial instriuctions; to obtain informnation in
eference  to a matter lbefore the  assembly,
:ither  by  personal  inquiry aict in-spection,
:r by  the examnination  of witniesses;  and
o digest,nIi iut into!he proF,er formi, for
he adoption of the assembly, all resolutions,
otes, orders, anci  otheir pa,pers, vit;ih  wlThich
hey may be ch.i'ecd.  CO1 ittees a.e coinonl]  said to h -e- the "e re an? el:" of the
isse]mblly'  it -. equally tru, t     f(t, fr certain
,urposes, they  r.:e aclso i's' hcdl eandI ha..ds."
262. The powrse   andi fulietiois  comr niitees depend ceiei_y iQpO1 thlie ge1ril athority
ld particular instructions given         them by  he
issemblv,:.ti!hie tii,e of their appointment;
137 
i'A2l,iIIAMENTARY PRA CTICE.
but they may also be, and very often ares
further instructed, whilst they are in the exercise of their functions; and, sometimes, it even
happens, that these additional instructions
wholly change the n1ature of a committee, by
charging it with inquiries quite different firom
those for which it was originally established.
SECT. II.  Ti-iEIR 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 thero is no selection of memibers, they are
appointed simply by the order of the assembly.
264. In the appointment of select committees, the first thing to be done is to fix upon
the number.  This is usually effected in the
same manner that blanks are filled, namely,
by members proposing, without the formality of
a motion, such numbers as they please, which
are then separately put to the question, be.
ginning with the largest and going regularly
through to the smallest, until the assembly
comes to a vote. 
265. The number being settled, there are
,Iree modes of selecting the members, to wit,
)y the appointment of the presiding officer,)y ballot, -and by nomination and vote of
,he assembly; the first, sometimes in virtue
Df a stanlding rule, sometimes ill pursuance of
vote of the assembly in a particular case;
ihe second always in pursuance of a vote;
he last is the usual course where no vote
s taken.
266. In deliberative assemblies, whose sitinigs are of considerable length, as legislative
odies, it is usual to provide by a standing
Lle, that, unless otherwise ordered in a paricular case, all committees shall be named
y the presiding officer.   Where this is the
ase, whenever a committee is ordered, and
he number  settled, the presiding officer at
)nce names  the  members  to  compose  it.
nometimes, also, the rule fixes the number,
Uf which, unless otherwise ordered, commitees shall consist.  This mode of appointing
committee is frequently resorted to, where
here is no rule on the subject.
267. When a committee is ordered to be
.ppointed by ballot, the members are chosen
,y the assembly, either singly or all together,
".  :  .    ... I . .1,..  ,..,,.                   1   ..,., ' '.., VI,.  ,... 11.!"  1.,. 
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. WVTieni a committee  is directed to be
appointied by nomination and vote, the names
of the members proposed are put to the question singly, and approved or rejected by the
.assembly, by a vote tahen in the usual manner.
IC tlie nomination is directed to be made by
tle  pres-iding  offcer, he  may  propose  the
namics in the same manner, or all at once;
thec former mode  being the most direct and
sinaple; the latter enlablilng the assembly to
vote more un(lerstandingl,y upon the several
n111is pr' o))Posc(1d.;Vn    the nomination is
(lirected to be maje.t large, the presiding
oiti,:: calls uponi thli  assembly to nominate,
aid  iL;l  1eing' imieintioned accordingly, lihe
pts  to  ote4 the fir:st name   he hears.
2'. It i   lso a comlpenllcodious miode of appointi,           o:ittec, to revive  one wvhich
lias  lre y dCisaiqe1 l itself by a report; or
by  cIr'i,?, c         oi t iite e a -ppointed for  one
pu-rps-, tl-, s0iomne  aildltonial duty, of  thel
same or a d            ofiiTrent 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
bod ies, 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 vwoaldl totally destroy will not amend;
but, that, for the opposite reason, those who
only taike exceptions to some particulars in the
I)iil 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 particular provisions, so as to make it acceptable
to the assembly.
271. This rule, of course, is only for the
'uidjainc  of the presiding  officer, and the
merube(rs, in the exercise of their discretion;
as thle assembly may refuse to excuse from
senr\inT, or may itself appoint, on a committee,
persons whl  are opp osed to the sublject referl-. i iis  ustomary, howrever, in all deliber vti e a.ssmblies, to constitute a committee
of sulI'i; C  rons, (the miover  and seconder
of a q-;n.se bein,g of course appointed,) a
majo-rity  of vwhom, at least, are favorably in.
dclined to the measure proposed. 
....M,..i,,  1                                                               A...> 1. I.".i..,1v. (.
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 instructiolns
under which they are to act, and to give the
papers to the member first named on the list
of the commuittee, if convenient, l-it, otherwise, to any other nmember of the committee.
SECT. III.  TiiEIR 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, throught the
whole proceedings; buLt this is a matter of
courtesy; every committee having  a right to
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
directions from the assembly, as to the time
and place of its mieeting, 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. 
PROCEEDINGS OF COMMITTEES.
275. When no directions are given, a com.
mittee may select its own time and place of
meeting; but, without a special order to that
effect, it is not at liberty to sit whilst the
assembly sits; and, if a committee is sitting,
whlen the assembly comes to order after an
adjournment, it is the duty of the chairman to
rise, instantly, on being certified of it, and,
with the other members, to attend the service
of tl-he assembly.
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;
nothing being the agreement or report of a
committee, but what is agreed to in that
manner; - a vote taken in committee is as
binding as a vote of the assembly; - a majority
of the members is necessary to constitute a
quoruim for business, unless a larger or smaller
number has been fixed by the assembly itself,
- and a committee has fui power over whatever 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 directions as to the time and place of meeting, may
10         * [E 338.1
143 
p.4.ant   PARLIAMENTAR" M             Ui.
meet when and where it pleases, and adjourn
itself from day to day, or otherwise, until it
has gone through with the business committed
to it; but, if it is ordered to meet at a par.
ticular 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 committee must be written down in the same manner
as in the assembly; but the committee, as
such, can do nothing more than report themn
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 may 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 one,
otherwise by the chairman; and then to be
read through again by paragraphs, by the
chairman, pausing at the end of each paragraph,
and putting questions for amending, either by
striking out or inserting, if proposed. 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 committee.
280. If the paper before a committee is one
which has originated with the committee,
questions are put on amendments proposed,
but not on agreeing to the several paragraphs
of which it is composed, separately, as they
are gone throuL'-h with; this being reserved for
the close, when a question is to be put on the
whole, for a,treeing to the paper, as amended,
or unamended.
281. If the paper lbe one, which has been
referred to the comiriittee, they proceed as in
the other casc to put qins stions of amenidment,
if proposed, buit n,) fiial question  on the
whole; becaise all pTIrts of the paper, having
,been  passed lT Ble   v not adopted  by the
assembly as the Iasks of its action, stand, of
course, unless aitered or struck oult by a vote
of the assembly.  ino even if the committee
are opposed to the wlhole paper, and are of
opinion, that it caninot  be made good by
amendments, they have no authority to reject
it; they must re,port it back to the assembly,
.... I,  -, I,, I.,, . I.,.. .   ,.
.. -. ij, 
146      PAlLIAMENTARY PRACTICE.
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 finally
agreed to, it ought to be reported in a clear
draft, fairly written, without erasure or interlineation.
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 amendmlents agreed to are very
numerous  and minute, the committee  may
report there a,ltogether, in lhe form of a new
and amended dIraft.
2,95 W-When a committee has gone through
te papl)er, or agrced upon a, report on the
1 This rule is rot app liealel, of course, to those cases iii which
the si,!:ect, as well as the for,m or details of a paper, is referrel to
the eormrmite e. 
REPORT OF COMMITTEE.
subject, which has been referred to them, it
is then moved by some member, and thereupon voted, that the committee rise, and that
the chairman, or some other member, make
their report to the assembly.
SECT. IV.  TIJEIR. 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,
informs the assembly, that the comllmittee, to
whom was referred such a sLbject or paper,
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 other member may then move that the
report be now received.. On this motion being
made, the  utestion is put whether the assembly will receive the report at that time: and
a vote passes, accordingly, either to receive it
then, or fxing upon some future time for its
reception  [~T 339.]
147 
148      PARLIAMENTARY PRACTICE.
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
delivers it, together with all the papers. connected with it, to the clerk at the table; where
it is again read, and then lies on thie table,
until the time assigned, or until it slits the
convenience of the assembly, to take it up
for consideration.
288. If the report of the conmmittee is of a
paper with amendments, the cha-ir"mani  rdIs
the amendments with the cohlerence i    e
paper, whatever it may be, ap e~1 Cf 
alterations, and the reasons of' tile o:C:ittee
for the amendments, until lie has gneri  Lo,L,' 1
the whole;  and, when the report is e:. at
the clerk's table, the ainiendments only are
read without the coherence.
239. In practice, however, thie formalty oil 
a motion and vote on the reception of a report
is usually dispensed with; thoug', it any
objection is made, or if the presidiai-  o-'}C',er
sees any informality in the report he shoui ld
decline  receiving it witollot  a olotion ac.nd
vote; and a report, if of any considerab le
length, is seldom read, either tby the clairman
in his place, or by the clerk at the table, until 
it is taken iup for consideration. In legislative
assemblies, the printing of reports generally
renders the reading, of them unnecessary.
291. The report of a committee being made
and received, the committee is dissolved, and
can act no more without a new power; but
thleir autliority may be revived by a vote, and
tle same matter recommitted to them.  If a
report, when offered to the assembly, is not
received, the committee is not thereby dis chlarg,ed, but may be ordered to sit again, and
a time and place appointed accordingly.
291. When  a subject or paper has been
once committed, and a report made  upon it,
it may be recommitted either to the same or
a different committee; and if a report is re comimitted, before it has been agreed to by
the assembly, whlat has heretofore passed in
the committee is of no validity; the whole
question being a,gain before the committee,
as if nothing had passed there in relation to it.
292. The  report of a committee  may  be
made in three different forms, namiely: ft)ist,
it may contain  merely a statement of facts,
reasouinig, or opinion, in relation to the subject
of it, without aiy specific conclusion; or,
second, a  statement of facts, reasoning, or
R.f,,-'O.-,,L                         I. L...6.. — I -.1 
opinion, concluding withl a resolution, or series
of resolutions, or some other specific proposi tion; or, third, it may consist merely of sucli
resolutions, or propositions, without any intro ductory part.
293. The first question, on a report, is, in
strictness, on receiving it; though, in practice,
this question is seldom or never made; the
consent of the assembly, especially in respect
to the report of a committee of the whole,
being generally presumed, unless objection is
made.   When a report is received, whether
by general consent, or upon a question and
vote, the committee is diseharged, and the
report becomes the basis of the ftiture pro ceedings of the assembly, on the subject to
which it relates.
294. At the time assigned for the consideration of a report, it may be treated andcl disposed
of precisely like any other proposition (59 to
77);  and may  be  amended,  in  the same
manner (78 to 133), both ill the preliminary
statement, reasoning, or opinion, if it contain
any, and in the resolutions, or other propositions with which it concludes; so if it consist
merely of a statement, &c., without resolutions,
or of resolutions, &c., without any introductory
part.
.-..1  J., . -  1,. 
295. The final question onl a report, whatever -form it may have, is usually stated on its
acceptance; and, when accepted, the whole
report  is  adopted  by  the  assembly,  and
becomes  the  statement, reasoning, opinion,
IeSOllutiOll, or other act, as the case may be,
of the asseml)]y; the dloings of a committee,
when agreed to, ado(l)te(l, or accepted, becoming  the acts of the assembly, in the same
mainier as if done originally by the assembly
itself; without the intervention of a committee.
296. it would be lbetter, however, and in
stricter accora-ncee with p)arlianienitary rules, to
state the final question on a report, accordi(ng
to the form of it. If the report contain merely
a statement of facts, reasoning, or opinion, the
question should be on acceptance; if it also
conclude with resolutions, or other specific
propositions, of any kind, -the introductory
part being  consequently merged in the conelusion, - the question should be on agreeing
to the resolutions, or on adopting the order, or
other proposition, or on passing or comning to
the vote, recommended by the committee; and
the same should be the form of the question,
whlen the report consists merely of resolutions,
&c., without any introductory part. 
152      PARiLIAMENTARIY PRACTICE.
SECT V  COMMITTEE OF THIE 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 appointed 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
If this question is determined in the affirmaative, the resuLlt is declared by the presiding
officer, vlwho, namingi 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 ill the chair of
the assembly but) at the clerk's table.
298. The chairman named by the presiding
officer is generally acquiesced in by the committee; thoughl, like all other committees, a
eom'rni~t~e o~ the zAiohe drove a       O wiett  x
a chairman for themselves, some member, by
general consent, putting the que,tion. [G 340.] 
COMMITTEE OF THE WHOLE.
299. The  same  number of  members  is
necessary to constitute a quorutm of a committee of the whole, as of the assembly; and
if the members present fall below a quorum,
at any time, in the course of the proceedings,
the chairman, on a motion and question, rises,
- the presiding officer thereupon resumes the
chair, - and the chairman inlorms the assembly (he can make  no other report) of the
cause of the dissolution of the committee.
300. When the assembly is in committee
of the whole, it is the duty of the presiding,
officer to remailn in the assembly-room,  ill
order to be at hand to resume the chair, in
case the committee should be broken up by
some  disorder, or for want of a quorum, or
should rise, either to report progress, or to
make their final report upon the matter committed to them
301. The clerk of the assembly does not
act as clerk of the committee (this is the duty
of the assistant clerk in legislative bodies), or
record in his journal any of the proceedings
or votes of the committee, but only their
report as made to the assemnbly.
302. The  proceedings in a committee of
the whole, though, in general, similar to those
153 
....'':.;...A.iL]NTARY PRACTICE.
in the assembly itself, and in other comnmit tees, are yet different in some respects, the
principal of which are the following: -
303. First. The previous question cannot
be moved in a committee of the whole.  The
only means of avoiding an improper discussion
is, to move that the committee rise; and, if it is
apprehended, that the same discussion will be
attempted on returning again into committee,
the assembly can discharge the committee,
and proceed itself with the business, keeping
down any improper discussion by means of
the previous question 1.
304. Second. A  committee of the whole
cannot adjourn, like other committees, to
some other time or place, for the purpose
of going on with and completing the consideration of the subject referred to them; but,
if their butsiness is unfinished, at the usual
time for the assembly to adjourn, or, for any
other reason, they wish to proceed no further
at a particuilarlime, tlhe formn of proceeding is,
for some member to LIove that the colmmittee
rise,- report progress, - and ask leave to sit
1 If the object be to stop debate, that can only be effected, in the
fame manner, unless there is a special rule, as to the time ofspeaks
ing, or to taking a subject out of committee. 
COMMITTEE OF THE WHOLE.
again; and, if this motion prevails, the chairs
nlan rises, -the presiding officer resumes the
chair of the assembly, - and the chairman of
the committee informs him that the committee
of thie whole have, according to order, had
under their consideration such a matter, and
have made some progress thereinl; bult, not
having had time to go through with the same,
have directed him to ask leave for the committee to sit again.  The presiding officer
thereupon puts a question on giving the coinmmittee leave to sit again, and also on the time
when the assembly will again resolve itself
into a committee.  If leave to sit again is not
granted, the committee is of course dissolved.
305. Third. In a committee of the whole,
every member  may speak as often as he
pleases, provided he can obtain  the floor;
whereas, in the assembly itself, no member
can speak more than once.
306. Fourth. A committee of the whole
cannot refer any matter to another committee;
but other committees may and do frequently
exercise their functions, and expedite their
1 If it is a second time, the expression is, "some further progress," &c.
155 
b)usiness, by means of sutb-eoimittees of their
own members.
307. Fif. In a committee of the whole,
the presiding officer of the assembly has a
right to take a part in the debate and proceedilngs, in the same nmanner as anly other
member.
308. Sixth. A committee of tl-Ie whole, like
a select committee, has no autlhority to punish
a breach of order, whether of a member, or
strang,er; bu-t cain oily rise and report the
ma4tter to thie a;ss-nby, who  nay proceed to
punish thie offncdlerI.  Disorderly words must
be written dow\u in comm,iP,ittee c, in the same
miainner as in th     s        e imbly  anc- reported to
the a-l  b1\ for tIc?:t:ncidversion.
3?09. T}T,'brct,UJ.,;)::,rc- thle p1ilcipal points
of (i1'ere1oe  )tweel  roeedigs in the asseimbly av d in c: lIttices of the whole; in
most other (respects they are precisely simnilar.
It is s sometimes said, tthat in a committee of
the vwhole, it is not necessary that a motion
shiould be seconded.   There is 1no foundation,
however, either in reason or parliamentary
usage, for this opinion.
310. Thren) a committee of the whole have
gone tlrotlgh with the matter referred to them,
..    IL...z..I.I.,,I.. L i. i.>. S..L,;.v  L..   
CO ISli          A, -...          U..                                      f
a member moves that the committee rise, and
that the chairman (or some other mem'her)
report their proceedings to the  assembly;
which being resolved, the chairman rises and
goes to his place, -the presiding officer resumes the chair of the assembly, - and the
chairman informs him, that the committee
have gone through with the business referred
to them, and that he is ready to make their
report, when the assembly shall think proper
to receive it.  The  time for receiving the
report is then agreed l0po11; and, at the time
appointed, it is made and received in the same
manner as that of any other committee (286).
311. It sometimes happens, that the formnality of a motion and quLestion as to the time of
receiving a report is dispensed wvith.  If the
assembly are readcly to receive it, at the time,
they cry out, "nowv, now," whereupon  the
chairman proceeds; if not then ready, some
other time is mentioned, as "to-moriow," or
"Monday," and that time is fixed by general
consent. Butt, wvhen it is not the general sense
of the assembly to receive the report at the
time, it is better to agree uponl andcl fix the time
by a motion and question.
-., A
I
1, 
PRACTICE.
CONCLUDING REMARKS.
312. In bringing this treatise to a close, it
wiil not be deemed out of place, to make a
suggestion or two for the benefit of those
persons, 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
closest attention to the proceedings of the
assembly, and, especially, to what is said by
every member who speaks. WVithout the
first, confusion will be almost certain to occur;
wasting the time, perhaps disturbing the harmony, of the assembly.   The  latter is not
merely a decent manifestation of respect 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 
l,                   1,.,    I,.
tatient and attentive hearing; and it often
enables  the  presiding officer,  by a timely
interference, to check offensive  language, in
season to prevent scenes of tumult and disorder, such as have sometimes disgraced our
legislative halls.
314  It should be constantly kept in mina
by a presiding officer, that, in a deliberative
assembly, there can regularly be bilt one
thing done or doing, at the same time.  This
cautionl he will find particularly useful to him,
whenever  a  quarrel  arises  between  two
miembers,  in consequence of words  spoken
inl debate.  Inl such a case, he will do well
to require that the regular course of proceeding shall be strictly puLrsued; and will take
care to restrain members  from interfering in
any other manuer.  In general, the solemnity
and deliberation, with which this mode is
attended, will do  much  to allay heat  and
excitement, and to restore harmony and order
to the assembly.
315. A presiding officer will often find himself embarrassed, by the difficulty, as well
as the delicacy, of deciding points of order,
or giving  directions  as to  the mamlier of
]1 
, PAR-LIAMENTARY 1PRACTIC E.
proceeding.  In SicIi  casc,,S it will be uisefuI
for him to recollect, that  THE GREAT PURPOSE OF ALL RULES AND
FORMS, IS TO SUBSERVE TT1-E WILL  OF TIiE
ASSEMBLY  RATHIER  THAN  TO  RESTRAIN  IT;
TO FACILITATE, AND NOT TO OBSTRUCT, TIlT
EXPRESSION OF TIHEIR  DELIBERATE  SENSE, 
ADDI)ITIONS ANDI) CORRECTIONS.
~ 21. GENERAL CONSLNT.
[The sign ~, at the head of a note, refers to the paragraph
in the body of the work to which the note belongs.]
316. The terms, "general consent," as used in
parliamentary practice, denote the unanimous
opinion of the assembly, when their opinion is
expressed informally, and not by means of a vote.
Whenever, therefore, it is said, that the general
consent of the assembly is necessary to the adoption of any measure, it is to be understood, that
if the question is proposed informally, no objection must be made to it, or that if proposed in a
formal manner, the vote in its favor must be
unanimous.
~ 51. READING PETITION.
317. When a petition has been received, the
next step in the proceedings is the reading of it
by the clerk, for the information of the assembly;
which, though in the usual course of business,
and not likely to be objected to, after the petition
has been received, is nevertheless the subject of a
motion and question, to be regularly submitted to 
I.,4    PARLIA3IENTARY PRACTICE.
the assembly and voted upon; and, until a peti
tion has been read, nio order can properly be
made respecting it, not even for its lying on the
table.
~ 55. SECONDARY MOTION.
318. An exception to the general rule, requiring motions to be seconded, occurs, when it is
proposed to proceed with, or to execute, or to
enforce, an order of the assembly; as, for example, when it is moved to proceed with an order
of the day, or when a member suggests or calls
for the enforcement of some order relating to the
observance of decorum, or thie regularity of proceeding.   Thus, in the English house of commons, a single member may require the enforcement of tlahe standing order for the exclusion of
strangers;  and, so, when the second or other
reading of a bill is made the order for a particular day, a motion, on that day, to read the bill
according to the order, need not be seconded.
~ 56. BEFORE STATEMENT OF M]OTION FROM
THE CHAIR.
319. The principle stated in this paragraph,
must not be understood to preclude all proceeding with, or allusion to, a motion, until it has
been stated from the chair.  On the contrary,
after a motion has been made, or made and
seconded, but not yet proposed as a question, it is
competent for the mover to withdraw or modify
it, either of himself, or on thle suggestion of some 
ADDITIONS, ETC.
jther member, or of tie pre-sid ing officer, anid
withiout any motioni or vote for the purpose.  The
rule only requiires, tat, Unltil a motion is regularly seconded anid stated, it sliould not be spoken
to as a q(uestion for the decision of the assembly,
or be made the subject of any motion or proceedin  -,s su cli.   Wh-,ile, therefore, the presiding
officer should'emit members to niake remarks
or sug,estions,'or the purposes alluded to, with
reference to inotionis inot yet stated, lie should be
caref,l to c        l and  preveent all observations
which may tend to excite debate; it being a
general rule, that no debate can be allowed  to
take place on a-iy subtject, unless there is a question pendino  at, the tine.
~ 7II.  Lfi:E o-T'Tiisi TA]Lrt.
320.  Y1Venh    a ny Iiotion or prop)osition, report,
resolution, or otlheir  atle,.s l    beenii ordered  to
lie on  l  t able,)!  it is not ii,. strit L: s'alowabl)Ie to
trmae  any fii'tlh   o'de'   ith'fi.eie  to  the
same sublje(t, oil tie samil  day. T     iIle ordit,i may,
howeve  r, b )e lirai-"t. t, ) a1 s pe)i i,: ii,e;,  as, for
example, auntil somie  otll"' top)ii  or subject is dis
posecl o1
Tihe proper mnotion, i'o, iproceei4:: with a mIatter
which  has  been  ordered  to lie oii the talble, is,
that the assembly  do  niow            )(oc(el. to  consider
that   natter  or siLbje(t.  T'i    s.,ciio  somietimes
mnade, is, th.i-t the siillt-(- t il.' takI' up, o)    tai ken
lip for o-nsideratio,.
163 
PARLIAMIENTARY PRACTICE.
~ 75. AUTHORITY OF COM3IITTEE.
321. The authority of a committee, in reference
to the subject matter referred to its consideration,
as well as to the time and manner of its proceeds
ing, depends vwholly upon, and is derived from, the
order by whichl- the committee is instituted.  It
can only consider the matter referred to it; and,
consequently, is not at liberty, like the assembly
itself, to chance the subject under consideration
by means of an amendment.  This rule is equally
applicable to committees of the whole.
~ 92, 93.  VOD)IFOICAT:ON OR AM,ENDMENT OF A
;:1IOTNO I-~ THm 1IOVER.
322.  Before  a motifo  lls been stated, the
mover, as alrede'dy riemarked( (note to ~ 56), may
modify or withidraw if at li.s pl)easure; after it
has l)ee,il stad', he ean ellly Nwithdraw or modify
it by  genl con-ent; he may, ltowever, like any
other member, imsove to amend   The acceptance
by the move-fi of an amnendment moved or suggested by some other member, stands upon the
same grourndI.
~ 112, 122.  A.rEND)IF,NTS B3Y STRAIING OUT.
323. AWhen the parliamentary form of putting
the question. on, mpotioi  to st:ike or leave out
words, is adopted, the question is first stated, that
tihe vords proposed to be struck out stand as part
164 
ADD]L[T'LOiNS, El,'".
of the motion.  If this question passes in the
negative, a question is then to be stated on inserting the words proposed, which may be amended
like any other motion to insert or add words. If
the question on the standing of the words passes
in the affirmative, the residue of the motion to
strike out and insert falls without a question.
According to the parliamentary form, therefore, a
motion to strike out and insert is necessarily
divided. The remark of 3Mr. Jefferson, quoted
in the note to ~ 122, that "the question, if desired, is then to be divided," &e., may be explained by supposing, that when a motion was
made to strike out and insert, which was not objected to, the question was proposed in the terms
of the motion; but, that, if objected to, it was
then to be put, of course, in the parliamentary
form.   In the house of delegates of Virginia,
of which Mr. Jefferson had been a member, the
parliamentary form of stating the question was
in ulse.
~ 128 to 133.  AMENiDMENT CHANGING THFE
NATURL OF A QuESTION.
324. In some legislative assembles, the house
of representatives of Massachusetts, for example,
it is provided by a special rule, that no motion or
proposition, relative to a different subject from
the one under considerati)n, shll be admitted
under color of an amendment.  When a rule of
this nature is in force, the assembly, by proceeding to consider a given subject, places itself 
.',-1, - PARLIAMENTARY PRACTICE.
in the situation of a committee, to whom that
subject is referred.
~ 137. MAIOTION TO ADJOURN.
325. The reason, why a motion to adjourn,
moved for the purpose of superseding or suppressing a pending question, is not susceptible of
amendment, is, that if amended, it would at once
become inadmissible, in point of order, on the
ground of its being introductory to a second question, having no privilege to take the place of a
question already pending and entitled to be first
disposed of.
~ 143.  ORDER OF THE DAY.
See note to ~ 55.
~ 154. QUESTIONS OF ORDER.
326. In the British parliament, the presiding
officers do not appear to consider it their duty to
decide points of order, unless appealed to by the
house for that purpose; which, in the commons,
is usually effected by a general cry of chair from
the members; and, it is extremely rare, that an
opinion, given in answer to such a call, is not
submitted to by the house. If not satisfactory,
the point of order may be separated from the
main question, by a motion and question for the
purpose, on vhIichl the presiding officer's decision
may be overruled; or, w ithout any distinct question being made, the house may proceed to pass 
ADDI)TIONS, ETC.
upon the point of order, as involved iii the main
question, and, in deciding the latter, mray go contrary to the opinion of the presiding officer, upon
the matter of order. Ini the legislative assemblies
of thlis country, it is generally, if not universally,
provided by a special rule, that every question
of order shall, in the first;instance, be decided by
the presiding officer, subject to ani appeal to the
assembly itself.  Sucli, also, appears  to be the
usage of deliberative assemlies, not legislative
in their character.   And, it is on these grounds
of rule and usage, tlhat the d(loctril-e laid down in
this paragraph is fouricled.
The statement, that questionis of order are to
be decided, in tie first instance, by the presiding
officer, without any previous delbate or discussion
by the assenmbly, must  lot be understoodl to mean,
that the presiding officer is p,)recluded from allowing members to express their opinions upon the
point of order, before  liimnself deciding it; but,
merely, that the matter is not then to be debated
and discussed, as a question to be decided by the
assembly.  The presiding officer, before expressing his own opinion, may, if he pleases, take the
opinions of other members.  It is manifest, however, that when  he  s ready to give  his own
opinion, he may proceed at once, and cannot be
precluded from doing so by any other member
claiming a right to be first heard.
~ 161  WrnTHDAWAL o'I A  Joix.
327. A  motion, when  made, seconded, and
statted, ia, miti be vth idrauwn without the general
.,L!)j 
.,                   - I.Ll t iL.   _, 11,.
consent, or, if put formally to thle question, the
unanimous vote of the assembly.
~ 198.   See note to ~ 36.
~ 200. INTERRIJPTION OF A MEMIBER SPEAKING,
BY A CALIL TO ORDER.
328. The rule stated in this paragraph, that a
member speaking cannot rightfully be interrupted in his speech, but by a call to order, does not
make it the dclity of the presiding oflicer to refuse
to hear a member, who rises and addresses the
chair whilst another is speaking; for, if this were
the case, the presiding officer could very rarely
know whetlher there might not be occasion for
the interruption; and would thus be in danger of
keeping  the assembly  ini ignorance of matters,
which it, Inight be of the tiighest concern for them
to know.   Alheni, therefore, a meinber rises whilst
anotherl   is speaking, and addresses the chair, he
should rlform the piresidi n g officer that lie rises
Io ia poilit of' order, or  o th-e, orlders Of the assemIblv or to a matter of privilege.  It vill then be
the duty of the presiding  officer to direct the
member  speaking to suspend  his remarks,  or
to resumne his seat, and thLe member  rising to
proceed wvith the statement of his point or other
matter of oid,r,. or of  pri vil.  Tf' the latter, on
procee ding. dic(loses mnatter which shows that the
interruption was proper,. the suh,tleet so introduced
must first be disposed of; and thIen the member
who was interrupted, is to be directed to proceed 
ADDITIONS, ETC.
with his speech.  If it }appears that there was no
sufficient ground for the interruption, the member
rising is to be directed to resume his seat, and the
member interrupted to proceed with his speech.
]Every member, therefore, possessing the right to
interrupt another in h's speech, on a proper occasion, any wanton abuse of this right, for the
purpose of personal annoyance, is liable to censure
and punishmecnt; it being itself a breach of order
unnecessarily and wantonly to call or interrupt
another meumber to order.
In reference to the occasions, on whlich the interruption of a member speaking is allowed, it is
to be  observed, that they are  not restricted, as
the language of ~'200 m ii,ht seem  to imply, to
breaches of order in debate, on the part of the
member  speaking.   Any  matter of  privilege,
affecting the assembly itself' or any of its members, of which the assembly ought to have instant
information, furnisles siuch an occasion; as, for
example, wIliere access to the place of sitti)g of
the assembly is obstructe, or the person of a
member is attacked  or  liere somnetiing connected with the pIroceediig of tulle assembly requires
instant attention, as wNhlere it becomes necessary
to have lights; or where something occurs relativ e
to the member himself who is speaking, as where
he is annoyed and distu )bled by noise and disorder,
or where, in consequence of his strength failing
him, it beconmes necessary that he should finish
his speech  itti.
. 1. (i'.-  
~ 207.   Panc F        x SPJ.:;ING OF TIF              1]?nESiDIN G OFFICEP.
329.  Tei rule stated,n this paragraph does
not, of course  precl de the residcling officer from
interrupting a itemhber A liilst speakin,, whenever
a proper occasiot  occurs ficr su(hi an interruption;
as,  for exampile, wjhien the nlemiber himnself is
guilty ofL a hrea, of' order.
~ 209).               N'T)!rox&   N(T D)BATABLE.
S)30. Tl  thei  leai$tie asem blies of this country.: it i;s usud to pr iovid e by   seib al rule, that
certain questions sClall be decided without debate.
.An  ong     tie tlm lost: com-mon is the mnotion to
adjourn.   iL te  a4se nICe, ho eCver, of a special
rule,: T (  1~' ~'   to e rgl'i,   af d debate ~i  reference
to s e    arti1lr su et, every (auestion, with
the ex(Lo i-      e rhlo aps of thiose  wlfich  require
nnafllnh~ity that, 1.u: ) be   iove, mal y be debated.
IJ b)o t ho u    of p aliame  n I),1 ~t, ilpor1t  t debates
llave fireqa-intiy''t:J.1,e  pla,0C OLn i-otions, as, for
examipile  to) adjournb11 h  b,f'-li, in the legislative assembtnlies o? this country, would not generally be
consiidered debatabile.
~ 213.  SjL~!VA,'UESTIOLNS I5YOLED IN THE
)SA:, n DinBXT,.
331.  It sometim es 4i   pps  t-hat a question
nuIder de)ate C 01)o,}i!:L[ rater thl i narrowed, by the ontrdto o      f t,subsidiary motion
as, for ea-u1p" v-   l w hn awmerment is moved,
which invclvc, in it;elf thce merit, of the original
, ~~~~~~~~..J... _ly.,z. L @  _~.  _ -,.J 
ADDITIONS, ETC.
proposition, in wli-lch case, the debate may embrace both.
~ 216.  SPEAKING BUT ONCE TO THE SAMIE
QUESTION.
332. The rule, stated in this and the preceding
paragraphs, refers solely   to the question technically considered, and is  wholly irrespeetive of the
subject matter.  No  mermbl)er  can speak more
than once to the sae  question; but hle may
speak to the same subject, as often as it is presented in the form of a dCif-'erent question.
~ 213.
333. The expressieon in this paragraph, "to
clear a matter of fact,' denotes merely a statement,
by a member who has already spoken, of feacts
which he considers it impoitant for thie assembly
to be possessed of, before coming to a vote upon
the question pending.
~ 227.  DiSOIDErLY  WORDS.
334. The offence of disorderly words may be
committed, not only by language  used in the
course of debate, but adso by words used in mnaking a motion, or report.
~ 235.   STATE},I-;'NT OF BlOTION.
335. Strictly speaking, no question can arise
in a deliberative assemlbly, without a motion be
ing first made and seconded; though, sometimes,
for the dispatch of business, the presiding officeoor
E   i,     L 
..,      PARLIA'[NT\ARnY IAC1ICE.
takes it for ganted tlat, proeer and usual
motion is made (whel  in fPct it is not), and proposes a question accordingly.
~ 243. RIGHT AND DUTY OF PRESIDING OFFI             CER- AS TO VOTING.
336. The principle asrlted in this paragraph,
was laid down on the authiority  of' tie French
translation of a little w-ork of the late Sir Samuel
tomilly (never published in English), on parliamentary practice, in whielt it is stated, that the
speaker of the houise of commons has his election
to vote or not, when the house is equally divided.
It ap')pears cuite certaini, however, from an examiniation of the pubhishel delates and proceedings of the house of comimons, thtt the speaker
has no such election; an(l, onsequently, either
that the author wnas himnelf mistaken, or, which
is more  probable,  that the  translator mistook
his author.  Taking the practice of the house of
commons as the best evidence of the general parliamentary law, —and this seems to be indisputable, -  the rule laid do-in in ~ 243 should be
modified aecordingly, and thus stated, namely:
" If the members  are eually divided, it then
becomes the duty of the 1r-esidi1ng officer to give
the casting vote; in (iOin   wlicl, ihe may, if he
pleases, give his reasons."
~ 250 to 257.  RE,CONSTDI,rATION.
337. Proceedings, analagous in principle to the
motion for reconsideration, appear occasionally, 
though very rarely, to have been admitted in the
British parliament; but, it is believed, the motion
to reconsider, as in use in this country, is of
American origin.  The  motion is, in form, that
such a vote be reconsidered; in substance, that
the subject of that vote be again considered, upon
the original motion, as if that motion had never
been considered and passed upon. On the motion
to reconsider, the whole subject is as much open
for debate as if it had not been discussed at all;
and, if the motion prevail, the subject is again
open for debate on the original motion, in the
same manner as if that motion had never been
put to the question.
~ 276. QUORUMr or' COMIIITTEE.
338. The statement, contained in this paragraph, that a majority of the members of a committee is sufficient to constitute a quorum for
proceeding with business, unless the number
should be otherwise fixed by the assembly itself,
was made upon the supposition, that, in this
country, the rule had been so settled by usage.
It should also have been stated, at the same time,
as the parliamentary rule, that the presence of
every member is essential, and that of a majority
is not sufficient, to constitute a committee. In all
places, therefore, where there is any doubt as to
the existence of the usage, it will be proper that
the number of the quorum should be fixed by the
assembly itself, either by a general rule, or by
the order for the appointment of the committee.
.1 L-  ,              11  ,   "I 
-. d J; PARLIAMEINTARY PRACTICE.
SECT. 286.  REPORT OF COMIMITTErE.
339. In this and the succeeding paragraphs,
relating to the report of a committee, no notice
is taken of what is commonly known in this country as a minority report; in reference to which,
it being now a proceeding of frequent occurrence,
though not strictly parliamentary, some explanation seems necessary and proper.
The report of a committee being the conclusion which is agreed to by a majority of the
members, the dissenting or niot-agreeing members, according to strict parliamentary practice,
would have no other mode of bringing their views
before the assembly than as individual members.
Inasmuch, however, as such members may be
supposed to have given the subject equal consideration with the other members of the committee, and may, therefore, be in possession of
views and opinions equally worthy of the attention of the assembly, the practice has become
general in the legislative assemblies of this country, to allow members in the minority to present
their views and conclusions in the parliamentary
form of a report, which is accordingly known by
the somewhat incongruous appellation of a minority report. Any two or more of the members
may unite in such a reports or each one of them
may express his siews in a separate document.
A minority report is not recognized as a report
of the committee, or acted upon as such; it is
received by courtesy, and allowed to accompany
the report, as representing the opinions of the 
ADDITIONS, ETC.
minority; and, in order to its being adopted by
the assembly, it must be moved as an amendment
to the report, when that comes to be considered.
SECT. 297.  CH.lIIMAN OF COMIMITTEE OF THE
WIHOLE.
340. The naming of the chairman of a committee of the whole, by the presiding officer,
which is supposed to be the usual practice in the
legislative assemblies of this country, ordinarily
takes place in virtue of a special rule. Where
this is the case, the member so named becomes
the chairman of the committee. But, where there
is no such rule, some member is called upon by
one or more of the members of the committee to
take the chair; and, if no objection is made, or
no other member called to the chair, the member
so designated becomes the chairman. If objection is made, or any other member is called to
the chair, the chairman must be regularly chosen.
But, in order to do this, the presiding officer
should resume the chair, and the choice be made
by the assembly, acting as such, and not in committee. The statement in ~ 298, that, where a
chairman is to be appointed by vote, the question is to be put by some member in the committtee, though laid down by Mr. Jefferson, on
the authority of an old writer on parliamentary
proceedings, is not sanctioned by Hatsell, or borne
out by the modern practice in the British parlia ment, in both houses of which the practice as
above stated prevails.
12
175 
1   71~ ~ ~ ~ ~ ~~~~~~~~~~~~I 
I N D EX.
%* Thefigures refer to the numbers of the pragraa,ps.
ACCEPTANCE by the maker of a motion, of an amendment,
92, 93.
ADDITION of propositions, how effected, 88.
ADJOUR.M',IENT, without day, equivalent to a dissolution,
139.
effect of; on business under consideration, 140.
ntotion for, takes precedence of all other motions, 137.
when it may be amelnded, 137.
form of, 138, 200.
AMEND.MENT, purposes of motions for, 601, 78.
order of proceeding in, 95, 191.
acceptance of by mover of proposition, 92, 93.
of amendment by striking out and inserting, 107, 108.
of an amendment, to be put before the original amend         ment, 110.
of an amendment to an amendment, not allowed, 96.
olject of such metion, how attained, 96, 97.
cannot be made to what has been agreed to on a ques         tion, 983, 99, 100,101.
inconsist-nc- 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. 
I N INDEX.
AMENDMENT, by addition, 88.
by separation, 89.
by transposition, 90.
by striking out, 94, 103 to 112.
by inserting or adding, 94, 113 to 121.
by striking out and inserting, 94, 122 to 127.
Motion for, by striking out and inserting, 103, 104, 111,
122.
may be divided, 122.
may be amended, 126.
manner of stating question on, 11 2, 121,127.
precedence of question on, 123.
to strike out, decided in the negative, equivalent to the
affirmative of agreeing, 98, 100, 252.
if passed, may not be renewed, 103 to 106,
113 to 116, 119, 124, 125.
stands in the same degree with the previous question,
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.
APOLOGY, 42.
ASSEMBLY, DELIBERiATIVE, purposes of, how effected, 1
how organized, 2, 3.
judgment of, how expressed, 13.
ASSEMBLING, time of, to be fixed beforehand, 23.
place of, in possession of assembly, 9.
AUTHENTICATION of acts, &c., of a deliberative assembly,
27, 32.
BLANKS, fi11ling of, 84.
wvith times or numbers, rule for, 85, 86, 87.
See Pr-ecedence.
CHAIRMANx, preliminary election of, 3
See Presiding Officer.
CLERK, 5.
See Recording Officer
178 
.L "3i...1.A 
COMMITTEES, objects and advantages of, 258, 260, 261.
who to compose, 258, 270.
usually those favorable to the proposed measure, 271.
mode of appointment of, 263, 267, 268, 269.
when by the presiding officer, under a standing rule,
266.
how notified of their appointment, 32, 272.
when and where to sit, 274, 275, 277.
select, 259.
how appointed, 264 to 269,
standing, 259.
what to be referred to, 74.
instructions to, 75, 76, 77, 262.
list of, &c., given by the clerk to the mcmber first ap         pointed, 272.
person first appointed on, acts as chairman by cour          tesy, 273.
proceed like other assemblies, 276, 279
may proceed by sub-committees, 306.
mode of proceeding on a paper which has been referred
to them, 279, 281, 283.
mode of proceeding on a paper originating in the com         mittee, 279, 280, 282.
manner of closing session of, 285.
report of, how made, 282, 283, 284, 286, 287, 292.
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 Rep)ort.
(COMITTEE OF THE  WHOLE, of whom composce(, 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 complete
the business, 304.
who may speak in, and how often, 305.
cannot refer any matter to another committee, 306.
j 4;, 
I N D EX.
COMMITTEE OF THE  WHOLE, cannot punish for breaches
of order, 308.
disorderly words in, how noticed, 308.
differences between and other committees, 302 to 308.
presiding officer of the 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 amenld, 185.
is of the same degree with motions for the
previous question and postponement, 182.
See Committees.
COMMUNICATIOxS to the assembly, how made, 44,46,48, 49.
CONSENT of the assembly, ill what cases, and how far, to be
presunmed by the presiding officer, 35, 237, 293.
CONTESTED ELECTIONS, 7.
See Rctitrns.
CREDENTIALS of members, 7.
D)EB.TE, proper character of, 201.
should be confined to tihe question, 209.
usual mode of putting an end to, 220, 221.
slorteninig, 222.
~ee Speaing.
DECORUM, BIREACES Of, 37, 38, 39, 40, 41, 223, 224.
how to be noticed, 40.
remedy for, 224, 225, 226.
how a member is to proceed to exculpate himself from
a char,e of, 40.
See Disoe deily Ifoieds, Order.
DISOrDERLY WORDs, course of proceedling, when spoken,
227 to 2P31.                        1
to be, written dCown by the clerk, as spolen, 228, 229. 
IND E X.
DISORDERLY WORDS, members not to be censured for,
unless complained of at the time, 232.
spoken in a committee during its session, 278.
in committee of the whole to be written down,
: and reported to the assembly, 308.
DISORDERLY CONDUCT, 9, 37 to 40, 313.
DIVISION of a question, 79 to 83, 122, 123.
effect of, 80.
motion for. how made, 80.
riCht to demand. 81, 82.
when it may take place, 83.
See Question.
ELECTIONS AND RETURNS, 6, 7, 8.
EXPULSION, 42.
Fi,ooR, how to obtain, 46.
who has a right to, 47, 203, 204, 205.
member in possession of, to be interrupted only by a
call to order, 200.
when usually allowed to the mover of a motion, 204.
when one relinquishes, for one purpose, he does so for
all purposes, 205, 219.
FORMS of proceeding, 10, 59, 315.
See Order, Rules.
INCIDENTAL QUESTIONS, 150 to 165.
questions of order, 151 to 154.
reading papers, 155 to 160.
withdrawal of a motion, 161, 162.
suspension of a rule, 163, 164.
amendment of amendments, 165.
See Question.
INTRODUCTION of business, how accomplished, 43.
See Rules.
JOURNAL of a deliberative assembly, what and how kept,
32, 33.
JUDaM,NT of an aggregate body, how evidenced, 14. 
).,j.J,K.
LiI ON TIHE TABLE, purpose of motion for, 60, 71, 72.
Afotionfor, cannot be aniended, 170.
when to be resorted to, 171.
effect of vote on, 71, 72, 172, 173.
takes precedence of all other subsidiary
motions, 171.
LIST of members, 6.
MAIN QUESTION, 63, 64, 135, 213.
MAJORITY, decision by, on questions and elections, 24.
MEMBERs, rights and duties of, 36.
punishments of, 42.
not to be present at debates on matters concerning
themselves, 41, 225, 230.
proceedings on quarrels between, caution relating to,
314.
MEMBERSHIP, lights of, how decided, 8.
MODIFICATION of a motion by the mover, 92.
.MOTION, definition of, 45, 59, 233.
to be in writing, 54.
to be seconded, 53 to 55.
how seconded, 55.
when in order, 247.
subsidiary, need not be in writing, 54.
but must be seconded, 55.
to suppress a proposition, 62.
to be stated or read for the information of any mem        ber, 57.
can be withdrawn only by leave, 56, 92.
when before the assembly, none other can be received,
except privileged motions, 58.
is not before the assembly, until stated by its presiding
officer, 198.
not in order unless the maker be called to by the pre        siding officer, 200.
by one seated, or not addressing the chair, not to be
received, 200.
principal and subsidiary, cannot be made together, 199 
NAMING a member, what, 40, 225.:
NUMBERS prefixed to paragraphs of a proposition, not a
part of it, 91.
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, Recording Officer.
ORDERP of a deliberative assembly, what, 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 division, 248.
rules of, to be enforced without delay, 151.
call to, effect of, 214.
who may make, 151.
interrupts the business under consideration,
153.
See 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 propositions,
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, I
usual mode of, 3.
on report of a committee, 4.
PAP,rRs AND DOCUMENTS, in whose custody, 33.
PA!IAMENTARY LAW  common, what, 6, 10. 
PARLIAMENTARY RULES, whence derived, 1 I.
-in each state, how formed, 11.
See Rules.
PETITIONS, requisites to, 49.
to be offered by members, 49, 50.
mode of offering, 51.
to be read by the clerk, if received, 52.
regular and usual action on presenllting, 51, 52.
contents of, to be known by member presenting, 54).
to be in respectful language, 50.
'PSTPONEMENT, effect of vote on motion for, 180.*
nmotion for, may be amended, 176.
how amended, 177, 178.
supersedes a motion to amend, 185. 
is not superseded by a motion to commit or
to amend, 179.
is of the same degree with a motion for the
previous question, 179.
indefinite, purpose of motion for, 60, 67.
effect of vote on mnotion for, 67.
to a day certain, purpose of motion for, 68, 69.
an improper use of, 70.
PowrR of assembly to eject strangers, 9.
PREAMBLE, or title, usually considered after the paper is
gone through with, 192.
PRECEDENCE of motions, 171, 174, 179, 182,186, 197,220.
of questions, 123, 134, 135, 153.
as to reference to a committee, 74.
on motions to fill blanks, 85, 86, 87.
questions of privilege take precedence of all motions
but for adjournment, 141.
PRESIDENT, 5.
See Presiding Officer.
PRESIDING OFFICER, duties of, 27, 30, 40, 225, 313, 314.
to be first heard on questions of order, 207.
how far member of an assembly, 5.
not usually to take part in debate, 5, 202.
but in committees of the whole, 307.
....,. , .11. 
J NDE X.
PRESIDING OFFICER, - 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.
PIREvIOUJS QUESTION, motionfor, 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 motions,
except to lie on the table, 174.
PRIVILEGED QUESTIONS, 136 to 149.
adjournment, 137 to 140.
questions of privilege, 141.
orders of the day, 142 to 149.
take precedence of all motions but for adjournment,141.
when settled, business thereby interrupted, to be re.
sumed, 141.
PROCEEDINGS, how set in motion, 43.
PUNISIIENT of members, 41, 42.
a question of, pending, the member to withdraw. 230.
QUARrEEL between members, 38, 314.
See Disorderly Words.
Qu.ESTION, definition of, 233.
forms of, in use, 15, 60, 61.
when to be put, 235.
mode of putting 236.
on a series of propositions, 193.
on amiendments reported by a committee, 194.
mlode of taking, 2'88 240, 241, 242, 245.
when anld how decision of may be questioned, 238, 239
all the members in the room when  a question is put
are. bound to vote upon it, 244.
.., " I iL, 
..5:) is X.
QUESTION, members not in the room, cannot vote on, 244.
when taken by yeas and nays, 245.
mode of taking, in Massachusetts, 246.
when and how to be divided, 79.
how taken when divided, 80.
motion to divide, may be amended, 80.
what may be divided, 83.
who may divide, 81, 122.
usually regulated by rule, 82.
incidental, defined and enumerated, 150 to 165.
snbsidiary, or secondary, defined and enmnerated, 166
to 170.
privileged, defined and enumerated, 136.
See Incidental Questions, Privileged Questions, Sub          sidiary Questions.
QuonuMr, necessity for, 17, 19.
what constitutes, 18.
(eect of want of, on pending question, 249.
necessary on a division of the assembly, 249.
want of, how ascertained, 19.
consequence of want of, 19, 249.
READING OF PAPERS, l)y the clerk, 155.
by members, not allowed, without leave obtained by
motion and vote, 157, 158.
when to be omitted, 159.
when necessary, if called for, 155.
question on, to be first decided, 160.
REfCEPTION, question of, on petition, 51.
on report, 286, 293.
RECOMMITMENT, wvhat, 73, 290, 291.
RECONSIDERATION, general principle relating to, 250 to 253
motion for, allowed in this country, 254, 255.
effect of, 256.
usually regulated by rule, 257.
RECORDING OFFICER, duties of, 31, 32, 33, 35.
how his absenlce is to be supplied, 34.
how elected, 3, 4.
precedence of, if more than one, 5.
papers and documents to be in his charge, 33. 
I N D E X.
RECURRENCE OF BUSINESS, when interrupted by want of
quorum, 249.
by motion for the previous question, 66.
for indefinite postponement, 67.
to lie on the table, 71, 72.
for adjournment, 140.
for the orders of the day, 147, 148.
by a question of privilege, 141.
of order, 153, 230.
by a call of a member to order, 200, 214.
REPORTS OF COMMITTEES how made and received, 286 to
289.
how treated and disposed of, 292 to 296.
of a paper with amendments, 288.
action upon, 194 195, 292 to 296.
acceptance of, 295, 296.
when a new draft of a paper, 196.
of committees of the whole, 310.
when to be received, 311
REPRIMAND, 42.
See Punishment.
RESOLUTION, what, 13, 233.
RETURNs, 6.
time for investigating, 7.
mode of investigating, 7.
who to be on the investigating committee, 8
who to be heard on a question on, 8.
ROLL, calling of, 32, 35, 245.
RULES of debate and proceeding, subject of, 14, 15.
general purpose of, 315.
what are necessarily adopted by an assembly, 10, 20.
the same in this country and in England, 11.
usage does not give them the character of general
laws, 12.
to be enforced without delay or debate, 22, 151, 152
who may notice an infringement of, 22.
special, each assembly may adopt, 10, 20.
supersede ordinary parliamentary rules, 10.
usually provide for their own amendment, 21
184 
IN D; ] X
RUtIEs, special, may be suspended on motion,.21 163, l164.
motion to suspend, supersedes -the orig4ina
question, 163. 
suspended only by rgeneral consent, 21, 164.
.    usuilly provide for their own suspensionf 164.
raay.deterutine the nulinmbei neeessary     ex                  press the will of the assnmbly.25.' Z
See Readinig of  hpers, Speaki..
SECOND- RY QuEsTIonS, 166. 
See S,bsidiariy Qt,,estioilJ.  -
SECONDIN G Of i-,otiois, 55. 309.    —:
SECRETARY, Y.
See IP~ecor~g,.-'..c.<.:":'
0 XPAflATIOiN of propositions,, hIow  efficted, 8.89
SPNEAtING, rules as to manr" Of, 203 to 208.  -.
to  a iCtter h, 9r  to 214.
aS to times o, 215 to 219.       -
memeri, to stand ut  n cvCred, 203, 208.
not to  l     persocal c el i'rs: 211:...
not to mntiont      a  of memlbe,rs, 206.
not to reflect 0:  tle  assembly, or on its prinoT
det~ernotiu  ion. 210.
confined to the subject, 209, 213.
n,ot to be iriterrupted, 219..l216.
to spekl  )ut one  oi tlihe same question, 215
-exceot by leave, 217. -
or to explain himself in a miatter-of-fact, 21&
See Debate, P-esidi+?,~ Occ.
StPEecir., reading of, by member, 157.
SrUBsIDIARY QUEmxTIOxs, 1.66 to 187.
nature and effect of 166.
enumeration of, 167.
cannot l,e  plie( to one another, 168.
exceptions to tilis rle, 169.
lie on the ta')1e, 171, 172, 173.
amendrient, 184  to 187.
previous question, 174,175 
SUBSIDIARY QUESTIONS, postponement, 176 to 180.
commitment, 181, 182, 183.
SuSPENSION of a rule, 21, 163, 164
See,hdes.
'aR:NosI-TIO -of propositions, how effected, 90.
VICE-PRESIfEXT, duties of, 5, 28.
See Offrers..   - 
VOTE, -what, 13, 233.
VOTING, right anid duty of, 41, 244.
prohibition from, 42.
See  iemnbers.
WILL of an assembly, majority necessary to express, 24.
special rule may determine what proportion
may express, 25.
WITIHDRLWAL of a iotion, can be only by leave, 16:
effect of vote upon motion for leave for, 162.
YEAs AND iNAYS, how takenl, 32, 245.
in Massachusetts, 246.
whiat number of members may require, 25
form of putting question, 245.