CHAPTER II.OF THE OFFICERS.

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,[p26]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.Sect. I. The Presiding Officer.27.The principal duties of this officer are thefollowing:—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[p27]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;To inform the assembly, when necessary, or when referred to for the purpose, in a point of order or practice;To name the members (when directed to do so in a particular case, or when it is made a part of his general duty by a rule,) who are to serve on committees; and, in general,To represent and stand for the assembly, 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[p28]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 chairmanpro tempore; and, in the choice of this officer, who ought to be elected before any other business is done, it is the duty of the secretary to conduct the proceedings.30.The presiding officer may read sitting, but should rise to state a motion, or put a question to the assembly.Sect. II. The Recording Officer.31.The principal duties of this officer consists in taking notes of all the proceedings and in making true entries in his journal of all “the things done and past” in the assembly; but he is not, in general, required to take minutes of “particular men’s speeches,” or to make entries of things merely proposed or moved, without coming to a vote. He is to enter what is done and past, but not what is said or moved. This is the rule in legislative assemblies. In others, though the spirit of[p29]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, etc., which may be ordered to be read; to call the roll of the assembly, and take note of those who are absent, when a call is ordered; to call the roll and note the answers of the members, when a question is taken by yeas and nays; to notify committees of their appointment and of the business referred to them; and to authenticate by his signature (sometimes alone and sometimes in 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.When but a single secretary or clerk is appointed, his place can only be supplied, during his absence, by the appointment of some one to actpro tempore. When several[p30]persons are appointed, this inconvenience is not likely to occur.35.The clerk should stand while reading or calling the assembly.

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,[p26]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.

27.The principal duties of this officer are thefollowing:—

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[p27]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;

To inform the assembly, when necessary, or when referred to for the purpose, in a point of order or practice;

To name the members (when directed to do so in a particular case, or when it is made a part of his general duty by a rule,) who are to serve on committees; and, in general,

To represent and stand for the assembly, 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[p28]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 chairmanpro tempore; and, in the choice of this officer, who ought to be elected before any other business is done, it is the duty of the secretary to conduct the proceedings.

30.The presiding officer may read sitting, but should rise to state a motion, or put a question to the assembly.

31.The principal duties of this officer consists in taking notes of all the proceedings and in making true entries in his journal of all “the things done and past” in the assembly; but he is not, in general, required to take minutes of “particular men’s speeches,” or to make entries of things merely proposed or moved, without coming to a vote. He is to enter what is done and past, but not what is said or moved. This is the rule in legislative assemblies. In others, though the spirit of[p29]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, etc., which may be ordered to be read; to call the roll of the assembly, and take note of those who are absent, when a call is ordered; to call the roll and note the answers of the members, when a question is taken by yeas and nays; to notify committees of their appointment and of the business referred to them; and to authenticate by his signature (sometimes alone and sometimes in 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.When but a single secretary or clerk is appointed, his place can only be supplied, during his absence, by the appointment of some one to actpro tempore. When several[p30]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 OF 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[p31]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.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, but is also essential to the regular and satisfactory proceeding of such an assembly. The rules on this subject, though generally laid down with reference to decorum in debate, are equally applicable whether the assembly be at the time engaged in debate or not; and, therefore, 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 member speaking; going across the assembly room, or walking up and down in it; taking books or papers from the table, or writing there.[p32]38.All these breaches of decorum are doubtless aggravated by being committed while the assembly is engaged in debate, though equally contrary to the rules of propriety, under any other circumstances. Assaults, by one member upon another,—threats,—challenges,—affrays, etc., are also high breaches of decorum.39.It is also a breach of decorum for a member to come into the assembly room with his head covered, or to remove from one place to another with his hat on, or to put his hat on in coming in or removing, or until he has taken his seat; and, in many assemblies, especially those which consist of a small number of members, it is not the custom 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 complain to the assembly, or to take notice 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 tonamethe member offending; that is, he declares to the assembly, that such a member, calling him by name, is[p33]guilty of certain irregular or improper conduct. The member, who is thus charged with an offence against the assembly, is entitled to be heard in his place in exculpation, and is then to withdraw. Being withdrawn, the presiding officer states the offence committed, and the assembly proceeds to consider of the degree and amount of punishment to be inflicted. The assembly may allow the member complained of to remain, when he offers to withdraw; or, on the other hand, it may require him to withdraw, if he do not offer to do so of his own accord. The proceedings are similar, when the complaint is made by a member, except that the offence is stated by such member, instead of being stated by the presiding officer.41.No member ought to be present in the assembly, when any matter of 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[p34]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 fundamental principle of the social compact, that a man should sit and act as a judge in his own case.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 forms of punishment, as by apology, begging pardon, etc., as the assembly may see fit to impose, and to require the offender to submit to, on pain of expulsion.

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[p31]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.

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, but is also essential to the regular and satisfactory proceeding of such an assembly. The rules on this subject, though generally laid down with reference to decorum in debate, are equally applicable whether the assembly be at the time engaged in debate or not; and, therefore, 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 member speaking; going across the assembly room, or walking up and down in it; taking books or papers from the table, or writing there.

[p32]38.All these breaches of decorum are doubtless aggravated by being committed while the assembly is engaged in debate, though equally contrary to the rules of propriety, under any other circumstances. Assaults, by one member upon another,—threats,—challenges,—affrays, etc., are also high breaches of decorum.

39.It is also a breach of decorum for a member to come into the assembly room with his head covered, or to remove from one place to another with his hat on, or to put his hat on in coming in or removing, or until he has taken his seat; and, in many assemblies, especially those which consist of a small number of members, it is not the custom 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 complain to the assembly, or to take notice 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 tonamethe member offending; that is, he declares to the assembly, that such a member, calling him by name, is[p33]guilty of certain irregular or improper conduct. The member, who is thus charged with an offence against the assembly, is entitled to be heard in his place in exculpation, and is then to withdraw. Being withdrawn, the presiding officer states the offence committed, and the assembly proceeds to consider of the degree and amount of punishment to be inflicted. The assembly may allow the member complained of to remain, when he offers to withdraw; or, on the other hand, it may require him to withdraw, if he do not offer to do so of his own accord. The proceedings are similar, when the complaint is made by a member, except that the offence is stated by such member, instead of being stated by the presiding officer.

41.No member ought to be present in the assembly, when any matter of 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[p34]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 fundamental principle of the social compact, that a man should sit and act as a judge in his own case.

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 forms of punishment, as by apology, begging pardon, etc., as the assembly may see fit to impose, and to require the offender to submit to, on pain of expulsion.

CHAPTER IV.OF THE INTRODUCTION OF BUSINESS.43.The proceedings of a deliberative assembly, in reference to any particular subject, are ordinarily set in motion, in the first[p35]instance, by some one of the members either presenting a communication from persons not members, or himself submitting a proposition to the assembly.44.Communications made to the assembly are of two kinds, namely, those which are merely for its information in matters of fact, 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 future 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 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[p36]well as when one desires to address the assembly in debate, he must in the first place, as the expression is, “obtain the floor” for the purpose he has in view. In order to do this, he must rise in his place,[Footnote6]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 member 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 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[p37]the presiding officer; and, if this question should be decided in the negative, then upon the name of the member for whom the floor was claimed in opposition to him.48.The mode of proceeding upon such communications from persons not members, as are above alluded to, may be explained by that adopted on the presentation of a petition, which may be considered as the representative of the whole class to which it belongs.49.A petition, in order to be received, should be subscribed by the petitioner himself, with his own hand, either by name or mark, except in case of inability from sickness, or because the petitioner is attending in person; and should be presented or offered, not by the petitioner himself, but by some member to whom it is intrusted for that purpose.50.The member, who presents a petition, should previously have informed himself of its contents, so as to be able to state the substance of it, on offering it to the assembly, and also to be prepared to say, if any question should be made, that in his judgment it is couched in proper language, and contains nothing intentionally disrespectful to the assembly.51.Being thus prepared, the member rises[p38]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; the motion being seconded, the 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 objection to the reception, unless it be stated. If, however, any objection is made to a petition, before it has been otherwise disposed of, the presiding officer oughtto retrace his steps and require a motion of reception to be regularly made and seconded.52.If the question of reception is determined in the affirmative, the petition is brought up to the table by the member presenting 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 subject of it immediately, or to assign some future time for its consideration,[p39]or to order it to lie on the table for the examination and consideration of the members individually.53.Whenever a member introduces a proposition of his own, for the consideration of the assembly, he puts it into the form he desires it should have, and then moves that it be adopted as the 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 and seconds it, it may then be put to the question; and the result, whether affirmative or negative, becomes the judgment of the assembly.54.A motion must be submitted in writing; otherwise the presiding officer will be justified in refusing to receive it; he may do so, however, if he pleases, and is willing to take the trouble himself to reduce it to writing. This rule extends only to principal motions, which, when adopted, become the act and express the sense of the assembly; but not to subsidiary or incidental motions[Footnote7]which merely enable the assembly to dispose of the former[p40]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 some one member, at least, expressing his approval by rising and saying, that he seconds the motion; and if a motion be not seconded, no notice whatever is to be taken of it by the presiding officer; though, in practice, very many motions, particularly those which occur in the ordinary routine of business, are admitted without being seconded. This rule applies as well to subsidiary as principal motions. The seconding of a motion seems to be required, on the ground, that the time of the assembly ought not to be taken up by a question, which, for anything that appears, has no one in its favor but the mover. There are some apparent exceptions to this rule, which will be stated hereafter, in those cases, in which one member alone has the right of instituting or giving direction to a particular proceeding; and an actual exception is sometimes made by a special rule,[p41]requiring certain motions to be seconded by more than one member.56.When a motion has been made and seconded, it is then to be stated by the 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,[Footnote8]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.57.When a motion is regularly 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[p42]desires to have it stated or read for his information.58.When a motion or proposition is regularly before the assembly, no other motion can be received, unless it be one which is previous in its nature to the question under consideration, and consequently entitled to take its place for the time being, and be first decided.[Footnote6: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 a member who addresses the speaker from the area, the passageways, or the seat of any other member.]Return to text[Footnote7:Such as, to adjourn,—lie on the table,—for the previous question,—for postponement,—commitment, etc.]Return to text[Footnote8:“A member can make but one motion at a time. The contrary has been allowed in Congress, and has grown to be a common usage; e.g., as, when a member makes a motion, and then moves in the same breath that his own motion be laid on the table.This is a great abuse; and the bad example of Congress should not be followed by other assemblies. In such a case, the presiding officer should entertain the former motion, and treat the latter as if it had not been made.”]Return to text

43.The proceedings of a deliberative assembly, in reference to any particular subject, are ordinarily set in motion, in the first[p35]instance, by some one of the members either presenting a communication from persons not members, or himself submitting a proposition to the assembly.

44.Communications made to the assembly are of two kinds, namely, those which are merely for its information in matters of fact, 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 future 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 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[p36]well as when one desires to address the assembly in debate, he must in the first place, as the expression is, “obtain the floor” for the purpose he has in view. In order to do this, he must rise in his place,[Footnote6]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 member 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 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[p37]the presiding officer; and, if this question should be decided in the negative, then upon the name of the member for whom the floor was claimed in opposition to him.

48.The mode of proceeding upon such communications from persons not members, as are above alluded to, may be explained by that adopted on the presentation of a petition, which may be considered as the representative of the whole class to which it belongs.

49.A petition, in order to be received, should be subscribed by the petitioner himself, with his own hand, either by name or mark, except in case of inability from sickness, or because the petitioner is attending in person; and should be presented or offered, not by the petitioner himself, but by some member to whom it is intrusted for that purpose.

50.The member, who presents a petition, should previously have informed himself of its contents, so as to be able to state the substance of it, on offering it to the assembly, and also to be prepared to say, if any question should be made, that in his judgment it is couched in proper language, and contains nothing intentionally disrespectful to the assembly.

51.Being thus prepared, the member rises[p38]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; the motion being seconded, the 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 objection to the reception, unless it be stated. If, however, any objection is made to a petition, before it has been otherwise disposed of, the presiding officer oughtto retrace his steps and require a motion of reception to be regularly made and seconded.

52.If the question of reception is determined in the affirmative, the petition is brought up to the table by the member presenting 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 subject of it immediately, or to assign some future time for its consideration,[p39]or to order it to lie on the table for the examination and consideration of the members individually.

53.Whenever a member introduces a proposition of his own, for the consideration of the assembly, he puts it into the form he desires it should have, and then moves that it be adopted as the 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 and seconds it, it may then be put to the question; and the result, whether affirmative or negative, becomes the judgment of the assembly.

54.A motion must be submitted in writing; otherwise the presiding officer will be justified in refusing to receive it; he may do so, however, if he pleases, and is willing to take the trouble himself to reduce it to writing. This rule extends only to principal motions, which, when adopted, become the act and express the sense of the assembly; but not to subsidiary or incidental motions[Footnote7]which merely enable the assembly to dispose of the former[p40]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 some one member, at least, expressing his approval by rising and saying, that he seconds the motion; and if a motion be not seconded, no notice whatever is to be taken of it by the presiding officer; though, in practice, very many motions, particularly those which occur in the ordinary routine of business, are admitted without being seconded. This rule applies as well to subsidiary as principal motions. The seconding of a motion seems to be required, on the ground, that the time of the assembly ought not to be taken up by a question, which, for anything that appears, has no one in its favor but the mover. There are some apparent exceptions to this rule, which will be stated hereafter, in those cases, in which one member alone has the right of instituting or giving direction to a particular proceeding; and an actual exception is sometimes made by a special rule,[p41]requiring certain motions to be seconded by more than one member.

56.When a motion has been made and seconded, it is then to be stated by the 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,[Footnote8]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.

57.When a motion is regularly 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[p42]desires to have it stated or read for his information.

58.When a motion or proposition is regularly before the assembly, no other motion can be received, unless it be one which is previous in its nature to the question under consideration, and consequently entitled to take its place for the time being, and be first decided.

[Footnote6: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 a member who addresses the speaker from the area, the passageways, or the seat of any other member.]Return to text[Footnote7:Such as, to adjourn,—lie on the table,—for the previous question,—for postponement,—commitment, etc.]Return to text[Footnote8:“A member can make but one motion at a time. The contrary has been allowed in Congress, and has grown to be a common usage; e.g., as, when a member makes a motion, and then moves in the same breath that his own motion be laid on the table.This is a great abuse; and the bad example of Congress should not be followed by other assemblies. In such a case, the presiding officer should entertain the former motion, and treat the latter as if it had not been made.”]Return to text

[Footnote7:Such as, to adjourn,—lie on the table,—for the previous question,—for postponement,—commitment, etc.]Return to text

[Footnote8:“A member can make but one motion at a time. The contrary has been allowed in Congress, and has grown to be a common usage; e.g., as, when a member makes a motion, and then moves in the same breath that his own motion be laid on the table.

This is a great abuse; and the bad example of Congress should not be followed by other assemblies. In such a case, the presiding officer should entertain the former motion, and treat the latter as if it had not been made.”]Return to text

CHAPTER V.OF MOTIONS IN GENERAL.59.When a proposition is made to a deliberative assembly, for its adoption, the proposition may be in such a form as to be put to the question, and the 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 can be necessary than to take the votes of the members, and ascertain the result. But a different state of things may and commonly does exist; the assembly may prefer some other course of proceeding to an immediate decision of the question in[p43]the form in which it is presented; and, as it is proper, that every parliamentary body should have the means of fitly disposing of every proposition which may be made to it, certain forms of question have from time to time been invented, and are now in general use, for that purpose. These forms of question may properly be calledsubsidiary, in order to distinguish them from the principal motion or question to which they relate.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 which they give rise, in order to ascertain the sense of the assembly, are the following:First.The assembly may look upon the proposition as useless or inexpedient; and may therefore desire to suppress it, either for a time, or altogether. The subsidiary motions, for this purpose, are the previous question, and indefinite postponement.Second.The assembly may be willing to entertain and consider of a proposition, but not at the time when it is made; either because more information is wanted by the members individually; or because they desire[p44]further time for reflection and examination: or because the assembly is then occupied with some other matter, which has more pressing claims upon its present attention. The usual motions, under such circumstances, are postponement to some future day or time, and to lie on the table.Third.The subject-matter of a proposition may be regarded with favor, but the form in which it is introduced may be so defective, that a more careful and deliberate consideration, than can conveniently be given to it in the assembly itself, may be necessary to put it into a satisfactory form. In this case, it is most proper to refer the proposition to a committee.Fourth.The proposition may be acceptable, and the form in which it is presented so far satisfactory, that the assembly may be willing to consider and act upon it, with such 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[p45]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.[Footnote9]Neither is it to be supposed, 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.[Footnote9: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 may be made. Thus, the rule in the house of representatives of Congress (which is also adopted in the house of representatives of Massachusetts), is, that, “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 precedence in the order in which they are arranged.”]Return to text

59.When a proposition is made to a deliberative assembly, for its adoption, the proposition may be in such a form as to be put to the question, and the 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 can be necessary than to take the votes of the members, and ascertain the result. But a different state of things may and commonly does exist; the assembly may prefer some other course of proceeding to an immediate decision of the question in[p43]the form in which it is presented; and, as it is proper, that every parliamentary body should have the means of fitly disposing of every proposition which may be made to it, certain forms of question have from time to time been invented, and are now in general use, for that purpose. These forms of question may properly be calledsubsidiary, in order to distinguish them from the principal motion or question to which they relate.

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 which they give rise, in order to ascertain the sense of the assembly, are the following:

First.The assembly may look upon the proposition as useless or inexpedient; and may therefore desire to suppress it, either for a time, or altogether. The subsidiary motions, for this purpose, are the previous question, and indefinite postponement.

Second.The assembly may be willing to entertain and consider of a proposition, but not at the time when it is made; either because more information is wanted by the members individually; or because they desire[p44]further time for reflection and examination: or because the assembly is then occupied with some other matter, which has more pressing claims upon its present attention. The usual motions, under such circumstances, are postponement to some future day or time, and to lie on the table.

Third.The subject-matter of a proposition may be regarded with favor, but the form in which it is introduced may be so defective, that a more careful and deliberate consideration, than can conveniently be given to it in the assembly itself, may be necessary to put it into a satisfactory form. In this case, it is most proper to refer the proposition to a committee.

Fourth.The proposition may be acceptable, and the form in which it is presented so far satisfactory, that the assembly may be willing to consider and act upon it, with such 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[p45]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.[Footnote9]Neither is it to be supposed, 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.

[Footnote9: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 may be made. Thus, the rule in the house of representatives of Congress (which is also adopted in the house of representatives of Massachusetts), is, that, “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 precedence in the order in which they are arranged.”]Return to text

CHAPTER VI.OF MOTIONS TO SUPPRESS.62.When a proposition is moved, which it is supposed may be regarded by the assembly[p46]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 use of the previous question being, as above stated, the suppression of a main question, it seems proper to consider it as one of the subsidiary motions, for that purpose; although, in this country, it has been perverted to a wholly different use, namely, the suppression of debate. This consideration, in connection with the difficulty of the subject, and the importance of a correct understanding of it, makes it proper to devote more room to the previous question, than needs to be given to most of the other subsidiary motions. It will first be considered according to its original use and intention: and, afterwards, as used in this country.64.There are several motions, which give rise to questions previous in their nature to other questions to which they relate; but the termprevioushas been applied exclusively to[p47]a motion denominated theprevious 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, more than two centuries ago, for the purpose of suppressing subjects of a delicate nature, relating to high personages, or the discussion 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 negative decision of it now is to suppress the main question for the residue of the day only. The operation of this motion, in suppressing the question to which it is applied, results from the principle, that no further consideration or discussion can regularly be had of a subject, which it has been decided shall not be put to the question; and, therefore, when on the motion of the previous question, it has been decided, that the principal question shall not now be put, that question is disposed of for[p48]the day, and cannot be renewed until the next or some succeeding day. This is the purpose for which the previous question was originally invented, and for which it is still used in the British parliament.65.But the previous question may be decided in the affirmative, as well as the negative, that is, that the main question shall now be put; in which case, that question is to be put immediately, without any further debate, and in the form in which it then exists. This operation of the previous question, when decided affirmatively, has led to the use of it for the purpose of suppressing debate on a principal question, and coming to a vote upon it immediately; and this is ordinarily the only object of the previous question as made use of in the legislative assemblies of the United States.[Footnote10]The operation of a negative decision is different in different assemblies; in some,[p49]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 the house of assembly of New York (in the former by usage only, and in the latter by a rule), the effect of a negative decision of the previous question is to leave the main question under debate for the residue of the sitting, unless sooner disposed of by taking the question, or in some other manner.66.In England, the previous question is used only for suppressing a main question; the object of the mover is to obtain a decision of it in the negative; and the effect of such a decision, though in strictness only to suppress the question for the day, is, practically and by parliamentary usage, to dispose of the subject altogether. In this country, the previous 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 technically to suppress the main question[p50]for the day only, is, in general, merely to suspend the taking of the question for that day; either leaving the debate to go on during the residue of the day, or the subject to be renewed on the next or some other day. The operation of an affirmative decision is the same, in both countries, namely, the putting of the main question immediately, and without further debate, delay, or consideration.Sect. II. Indefinite Postponement.67.In order to suppress a question altogether, without coming to a direct vote upon it, in such a manner that it cannot be renewed, the proper motion is for indefinite postponement; that is, a postponement or adjournment of the question, without fixing any day for resuming it. The effect of this motion, if decided 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.[Footnote11][Footnote10:Mr. Jefferson (Manual, § xxxiv.) considers this extension of the previous question as an abuse. He is of opinion that “its uses would be as well answered by other more simple parliamentary forms, and therefore it should not be favored, but restricted within as narrow limits as 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.]Return to text[Footnote11:“The motion to indefinitely postpone cannot be amended. When a motion to indefinitely postpone prevails, the proposition so postponed con not be renewed during the session.”—Ed.]Return to text

62.When a proposition is moved, which it is supposed may be regarded by the assembly[p46]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.

63.The original and proper parliamentary use of the previous question being, as above stated, the suppression of a main question, it seems proper to consider it as one of the subsidiary motions, for that purpose; although, in this country, it has been perverted to a wholly different use, namely, the suppression of debate. This consideration, in connection with the difficulty of the subject, and the importance of a correct understanding of it, makes it proper to devote more room to the previous question, than needs to be given to most of the other subsidiary motions. It will first be considered according to its original use and intention: and, afterwards, as used in this country.

64.There are several motions, which give rise to questions previous in their nature to other questions to which they relate; but the termprevioushas been applied exclusively to[p47]a motion denominated theprevious 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, more than two centuries ago, for the purpose of suppressing subjects of a delicate nature, relating to high personages, or the discussion 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 negative decision of it now is to suppress the main question for the residue of the day only. The operation of this motion, in suppressing the question to which it is applied, results from the principle, that no further consideration or discussion can regularly be had of a subject, which it has been decided shall not be put to the question; and, therefore, when on the motion of the previous question, it has been decided, that the principal question shall not now be put, that question is disposed of for[p48]the day, and cannot be renewed until the next or some succeeding day. This is the purpose for which the previous question was originally invented, and for which it is still used in the British parliament.

65.But the previous question may be decided in the affirmative, as well as the negative, that is, that the main question shall now be put; in which case, that question is to be put immediately, without any further debate, and in the form in which it then exists. This operation of the previous question, when decided affirmatively, has led to the use of it for the purpose of suppressing debate on a principal question, and coming to a vote upon it immediately; and this is ordinarily the only object of the previous question as made use of in the legislative assemblies of the United States.[Footnote10]The operation of a negative decision is different in different assemblies; in some,[p49]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 the house of assembly of New York (in the former by usage only, and in the latter by a rule), the effect of a negative decision of the previous question is to leave the main question under debate for the residue of the sitting, unless sooner disposed of by taking the question, or in some other manner.

66.In England, the previous question is used only for suppressing a main question; the object of the mover is to obtain a decision of it in the negative; and the effect of such a decision, though in strictness only to suppress the question for the day, is, practically and by parliamentary usage, to dispose of the subject altogether. In this country, the previous 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 technically to suppress the main question[p50]for the day only, is, in general, merely to suspend the taking of the question for that day; either leaving the debate to go on during the residue of the day, or the subject to be renewed on the next or some other day. The operation of an affirmative decision is the same, in both countries, namely, the putting of the main question immediately, and without further debate, delay, or consideration.

67.In order to suppress a question altogether, without coming to a direct vote upon it, in such a manner that it cannot be renewed, the proper motion is for indefinite postponement; that is, a postponement or adjournment of the question, without fixing any day for resuming it. The effect of this motion, if decided 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.[Footnote11]

[Footnote10:Mr. Jefferson (Manual, § xxxiv.) considers this extension of the previous question as an abuse. He is of opinion that “its uses would be as well answered by other more simple parliamentary forms, and therefore it should not be favored, but restricted within as narrow limits as 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.]Return to text[Footnote11:“The motion to indefinitely postpone cannot be amended. When a motion to indefinitely postpone prevails, the proposition so postponed con not be renewed during the session.”—Ed.]Return to text

[Footnote11:“The motion to indefinitely postpone cannot be amended. When a motion to indefinitely postpone prevails, the proposition so postponed con not be renewed during the session.”—Ed.]Return to text

[p51]CHAPTER VII.OF MOTIONS TO POSTPONE.68.If the assembly is willing to entertain consider a question, but not at the time when it is moved, the proper course is either to postpone the subject to another day, or to order it to lie on the table.69.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, which, 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.[p52]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.72.This motion is also sometimes made use of for the final disposition of a subject; and it always has that effect, when no motion is afterwards made to take it up.[Footnote12][Footnote12:“This motion (i.e.,to lie on the table) is not debatable, and is not subject to amendment.”—Ed.]Return to text

68.If the assembly is willing to entertain consider a question, but not at the time when it is moved, the proper course is either to postpone the subject to another day, or to order it to lie on the table.

69.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, which, 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.

[p52]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.

72.This motion is also sometimes made use of for the final disposition of a subject; and it always has that effect, when no motion is afterwards made to take it up.[Footnote12]

[Footnote12:“This motion (i.e.,to lie on the table) is not debatable, and is not subject to amendment.”—Ed.]Return to text

CHAPTER VIII.OF MOTIONS TO COMMIT.73.The third case for the use of a subsidiary motion, as already stated, occurs, when the subject-matter of a proposition is regarded with favor, but the form in which it is introduced is so defective, that a more careful and deliberate consideration is[p53]necessary, than can conveniently be given to it in the assembly itself, in order to put it into a satisfactory form. The course of proceeding then is, to refer the subject to a committee; which is called a commitment, or, if the subject has already been in the hands of a committee, a recommitment.74.If there is a standing committee of the assembly, whose functions embrace the subject in question, the motion should be to refer it to that committee; if there is no such committee, then the motion should be to refer to a select committee. If it is a matter of doubt, whether a particular standing committee is appropriate or not, and propositions are made for a reference to that committee, and also for a reference to a select committee, the former proposition should be first put to the question.75.When a subject is referred or 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. In the former case, the instructions must be obeyed, of course; in the latter, the committee have full power over[p54]the matter, and may report upon it, in any manner they please, provided they keep within the recognized forms of parliamentary proceedings.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 mode of procuring further information, and, at the same time, of postponing the consideration of a subject to a future though uncertain day.

73.The third case for the use of a subsidiary motion, as already stated, occurs, when the subject-matter of a proposition is regarded with favor, but the form in which it is introduced is so defective, that a more careful and deliberate consideration is[p53]necessary, than can conveniently be given to it in the assembly itself, in order to put it into a satisfactory form. The course of proceeding then is, to refer the subject to a committee; which is called a commitment, or, if the subject has already been in the hands of a committee, a recommitment.

74.If there is a standing committee of the assembly, whose functions embrace the subject in question, the motion should be to refer it to that committee; if there is no such committee, then the motion should be to refer to a select committee. If it is a matter of doubt, whether a particular standing committee is appropriate or not, and propositions are made for a reference to that committee, and also for a reference to a select committee, the former proposition should be first put to the question.

75.When a subject is referred or 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. In the former case, the instructions must be obeyed, of course; in the latter, the committee have full power over[p54]the matter, and may report upon it, in any manner they please, provided they keep within the recognized forms of parliamentary proceedings.

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 mode of procuring further information, and, at the same time, of postponing the consideration of a subject to a future though uncertain day.

CHAPTER IX.OF MOTIONS TO AMEND.78.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[p55]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.When 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 assembly may approve of some but not of all these parts, it is a compendious mode of amendment to divide the motion into separate questions, to be separately voted upon and decided by the assembly. This division may take place by the order of the assembly, on a motion regularly made and seconded for the purpose.80.When a motion 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 through with and decided, the result will be the same, as if motions to amend by striking out the several parts had been made and put to the question. When a motion for a division is[p56]made, the mover ought to specify in his motion the manner in which he proposes to make the division; and this motion, like every other of the nature of an amendment, is itself susceptible 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 put separately on each, on his mere demand, and without any motion or any vote of the assembly for that purpose. But this is a mistake; there is no such rule of parliamentary proceeding; a complicated 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. When this is the case, it is for the presiding officer (subject of course to the revision of the assembly) to decide, when the division of a motion is demanded, first, whether the[p57]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[p58]time or number, motions may be made for that purpose, and the question taken on each by itself, and before another is made; or several motions may be made and pending before any of them are put to the question. This last mode of proceeding, which is the most usual as well as convenient, requires that the several propositions should be arranged, and the question taken on them, in such order as will the soonest and with the most certainty enable the assembly to come to an agreement.86.In determining upon the order to be adopted, the object is not to begin at that extreme, 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 propositions are made for filling blanks with a time or number, the rule is, that if thelargercomprehends thelesser, as in a question to what day a postponement shall take place,—the[p59]number of which a committee shall consist,—the amount of a fine to be imposed,—the term of an imprisonment,—the term of irredeemability of a loan,—or theterminus in quemin any other case, the question must begina maximo, and be first taken upon the greatest or farthest, and so on to the least or nearest, until the assembly comes to a vote: But, if thelesserincludes thegreater, as in questions on the limitation of the rate of interest,—on the amount of a tax,—on what day the session of a legislative assembly shall be closed, by adjournment,—on what day the next session shall commence,—or theterminus a quoin any other case, the question must begina minimo, and be first taken on the least or nearest, and so on to the greatest or most remote, until the assembly comes to a vote.[Footnote13][p60]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 substance of it with the other by way of amendment. A better mode, however, if the business of the assembly will admit of its being adopted, is to refer both propositions to a committee, with instructions to incorporate them together in one.89.So, on the other hand, if the matter of one proposition would be more properly distributed into two, any part of it may be struck out by way of amendment, and put into the form of a new and distinct 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 put on striking it out where it stands, and another for inserting it in the place desired.91.The numbers prefixed to the several[p61]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 the 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 motion, in order to substitute another in its place; and, since, as has already been seen, a motion regularly made, seconded, and proposed, cannot be withdrawn without leave;it is clear, that the practice alluded to rests only upon general consent; and, that, if objected to, the mover of a proposition must obtain the permission of the assembly, by a motion and question, for the purpose, in order to enable him to modify his proposition.93.So, too, when an amendment has been regularly moved and seconded, it is sometimes the practice for the mover of the proposition[p62]to which it relates to signify his consent to it, and for the amendment to be thereupon made, without any question being taken upon it by the assembly. As this proceeding, however, is essentially the same with that described in the preceding paragraph, it, of course, rests upon the same foundation, and is subject to the same rule.Sect. V. General Rules relating to Amendments.94.All amendments, of which a proposition is susceptible, so far as form is concerned, may be effected in one of three ways, namely, either by inserting or adding certain words; or by striking out certain words; or by striking out certain words, and inserting or adding others. These several forms of amendment are subject to certain general rules, which, being equally applicable to them all, require to be stated beforehand.95.First Rule.When a proposition consists of several sections, paragraphs, or resolutions, the natural order of considering and amending it is to begin at the beginning, and to proceed through it in course by paragraphs; and when a latter part has been[p63]amended, it is not in order to recur back, and make any alteration or amendment of a former part.96.Second Rule.Every amendment, which can be proposed, whether by striking out, or inserting, or striking out and inserting, is itself susceptible of amendment; but, there can be no amendment of an amendment to an amendment: this would be such a piling of questions one upon another, as would lead to great embarrassment; and as the line must be drawn 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 sought by rejecting the amendment to the amendment, in the form in which it is proposed, and then moving it again in the form in which it is wished to be amended, in which it is only an amendment to an amendment; and in order to accomplish this, he who desires to amend an amendment should give notice, that, if rejected, in the form in which it is presented, he shall move it again in the form in which he desires to have it adopted.97.Thus, if a proposition consists of A B,[p64]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.98.Third Rule.Whatever is agreed to by the assembly, on a vote, either adopting or rejecting a proposed amendment, cannot be afterwards altered or amended.99.Thus, if a proposition consists 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; and, so, if it is moved to strike out B, and the amendment is rejected, B cannot afterwards be amended, because a vote against striking 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[p65]of the preceding, and may be illustrated in the same manner.101.Thus, if it is moved to amend A B by inserting C, and the amendment is rejected, C cannot be moved again; or, if it is moved to amend A B by striking out B, and the amendment prevails, B cannot be restored; because, in the first case, C, and, in the other, B, have been disagreed to by a vote.102.Fifth Rule.The inconsistency or incompatibility of a proposed amendment with one which has already been adopted, is a fit ground for its rejection by the assembly, but not for the suppression of it by the presiding officer, as against order; for, if questions of this nature were allowed to be brought within the jurisdiction of the presiding officer, as matters of order, he might usurp a negative on important modifications, and suppress or embarrass instead of subserving the will of the assembly.Sect. VI. Amendments by striking out.103.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[p66]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 former.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; but 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 coherence to be inserted make these propositions substantially different from the first.106.Thus, if the proposition A B C D is amended by striking out B C, it cannot be moved to insert B C again; but it may be moved to insert B C with other words, or B with others or C with others.107.When it is proposed to amend by striking out a particular paragraph, it may be moved to amend this amendment, in three[p67]different ways, namely, either by striking out a part only of the paragraph, or by inserting or adding words, or by striking out and inserting.108.Thus, if it is moved to amend the proposition A B C D, by striking out B C, it may be moved to amend this amendment by striking out B only or C only, or by inserting E, or by striking out B or C, and inserting E.109.In the case of a proposed amendment by striking out, the effect of voting upon it, whether it be decided in the affirmative or negative according to the third and fourth rules above mentioned, renders it necessary for those who desire to retain the paragraph to amend it, if any amendment is necessary, before the vote is taken on striking out; as, if struck out, it cannot be restored, and, if retained, it cannot be amended.110.As an amendment must necessarily be put to the question before the principal motion; so the question must be put on an amendment to an amendment before it is put on the 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[p68]amendments; and, consequently, they can only be moved, one at a time, or, at all events, must be put to the question in the order in which they are moved.111.When a motion for striking out words is put to the question, the parliamentary form always is, whether the words shallstand as partof the principal motion, and not whether theyshall be struck 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 agreeing 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 amendment was stated on striking out, that the same question would be decided both affirmatively and negatively by the same vote.[Footnote14][p69]112.On a motion to amend by striking out certain words, the manner of stating the question is, first to read the passage proposed to be amended, as it stands; then the words proposed to be struck out; and, lastly, the whole passage as it will stand if the amendment is adopted.Sect. VII. Amendments by inserting.113.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.Thus, if it is moved to amend the proposition A B by inserting C D, and the amendment is rejected, C D cannot be again moved; but it may be moved to insert C E, or D E, or C D E.115.If it is proposed to amend by inserting a paragraph, and the amendment prevails, it cannot be afterwards moved to strike out the same words or a part of them; but it may be moved to strike out the same words with[p70]others,[Footnote15]or a part of the same words with others, provided the coherence be such as to make these propositions really different from the first.116.Thus, if in the example above supposed the amendment prevails, and C D is inserted it cannot be afterwards moved to strike out C D, but it may be moved to strike out A C or A C D, or D B, or C D B.117.When it is proposed to amend by inserting a paragraph, this amendment may be amended in three different ways, namely, either by striking out a part of the paragraph; or by inserting something into it; or by striking out and inserting.118.Thus, if it is proposed to amend A B by inserting C D, this amendment may be amended either by striking out C or D, or inserting E, or by striking out C or D and inserting E.119.When it is proposed to amend by inserting a paragraph, those who are in favor of the amendment should amend it, if necessary, before the question is taken; because if it is[p71]rejected, it cannot be moved again, and, if received, it cannot be amended.120.There is no precedence of one over another in amendments to amendments by inserting, any more than in amendments to amendments by striking out.121.On a motion to amend by inserting a paragraph, the manner of stating the question is, first, to read the passage to be amended, as it stands; then the words proposed to be inserted; and lastly, the whole passage as it will stand if the amendment prevails.Sect. VIII. Amendments by striking out and inserting.122.The third form of amending a proposition, namely, by striking out certain words and inserting others in their place, is, in fact, a combination of the other two forms; and may accordingly be divided into those two forms, either by a vote of the assembly, or on the demand of a member, under a special rule to that effect.[Footnote16][p72]123.If the motion is divided, the question is first to be taken on striking out; and if that is decided in the affirmative, then, on inserting; but if the former is decided in the negative, the latter falls, of course. On a division, the proceedings are the same, in reference to each branch of the question, beginning with the striking out, as if each branch had been moved by itself.124.If the motion to strike out and insert is put to the question undivided, and is decided in the negative, the same motion cannot be made again; but, it may be moved to strike out the same words, and, 1, insert nothing; 2, insert other words; 3, insert the same words with others; 4, insert a part of the same words with others; 5, strike out the same words with others, and insert the same; 6, strike out a part of the same words with others, and insert the same; 7, strike out other words and insert the same; and, 8, insert the same words, without striking out anything.125.If the motion to strike out and insert[p73]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 the same words with others; or, 4, to strike out a part of the same words with others.126.When it is proposed to amend by striking out and inserting, this amendment may be amended in three different ways in the paragraph proposed to be struck out, and also in the paragraph proposed to be inserted, namely, by, striking out, or inserting, or striking out and inserting. And those who are in favor of either paragraph must amend it, before the question is taken, for the reasons already stated, namely, that, if decided in the affirmative, the part struck out cannot be restored, nor can the part inserted be amended; and, if decided in the negative, the part proposed to be struck out cannot be amended, nor can the paragraph proposed to be inserted be moved again.127.On a motion to amend, by striking out certain words and inserting others, the[p74]manner of stating the question is first to read the whole passage to be amended, as it stands; then the words proposed to be struck out; next those to be inserted; and, lastly, the whole passage as it will stand when amended.Sect. IX. Amendments changing the Nature of a Question.128.The term amendment is in strictness applicable only to those changes of a proposition, by which it is improved, that is, rendered more effectual for the purpose which it has in view, or made to express more clearly and definitely the sense which it is intended to express. Hence it seems proper, that those only should undertake to amend a proposition, who arefriendly to it; but this is by no means the rule; when a proposition is regularly moved and seconded, it is in the possession of the assembly, and cannot be withdrawn but by its leave; it has then become the basis of the future proceedings of the assembly, and may be put into any shape, and turned to any purpose, that the assembly may think proper.129.It is consequently allowable to amend a proposition in such a manner as entirely to[p75]alter its nature, and to make it bear a sense different from what it was originally intended to bear; so that the friends of it, as it was first introduced, may themselves be forced to vote against it, in its amended form.130.This mode of proceeding is sometimes adopted for the purpose of defeating a proposition, by compelling its original friends to unite with those who are opposed to it, in voting for its rejection. Thus, in the British Houses of Commons, Jan. 29, 1765, a resolution being moved, “That a general warrant for apprehending the authors, printers, or publishers of a libel, together with their papers, is not warranted by law, and is an high violation of the liberty of the subject:”—it was moved to amend this motion by prefixing the following paragraph, namely: “That in the particular case of libels, it is proper and necessary to fix, by a vote of this house only, what ought to be deemed the law in respect of general warrants; and, for that purpose, at the time when the determination of the legality of such warrants, in the instance of a most seditious and treasonable libel, is actually depending before the courts of law, for this house to declare”—that a[p76]general warrant for apprehending the authors, printers, or publishers of a libel together with their papers, is not warranted by law, and is an high violation of the liberty of the subject.The amendment was adopted, after a long debate, and then the resolution as amended was immediately rejected without a division.[Footnote17]131.But sometimes the nature of a proposition is changed by means of amendments, with a view to its adoption in a sense the very opposite of what it was originally intended to bear. The following is a striking example of this mode of proceeding. In the house of commons, April 10, 1744, a resolution was moved, declaring, “That the issuing and paying to the Duke of Aremberg the sum of forty thousand pounds, sterling, to put the[p77]Austrian troops in motion in the year 1742, was a dangerous misapplication of public money, and destructive of the rights of parliament.” The object of this resolution was to censure the conduct of the ministers; and the friends 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 accordingly moved to amend, by leaving out the words “a dangerous misapplication,” etc., to the end of the motion, and inserting instead thereof the words, “necessary for putting the said troops in motion, and of great consequence to the common cause.” The amendment being adopted, it was resolved (reversing the original proposition) “That the issuing and paying to the Duke of Aremberg the sum of forty thousand pounds, to put the Austrian troops in motion, in the year 1742, was necessary for putting the said troops in motion, and of great consequence to the common cause.”132.It is a mode of defeating a proposition, somewhat similar to that above mentioned, to carry out or extend the principle of it, by[p78]means of amendments, so as to show the 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 words:—“which letters may contain orders, or be relative to orders, not executed, and still subsisting.” This amendment being adopted, the motion as amended was unanimously rejected.133.It will be seen, from the foregoing examples, that as the mover of a proposition is under no restriction as to embracing incongruous 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 all after the enacting clause, and inserting an entirely new bill; or to amend a resolution by striking out all after the words “Resolved[p79]that,” and inserting a proposition of a wholly different tenor.[Footnote13:The above is the rule as laid down by Mr. Jefferson (§ 33), and holds where it is not superseded by a special rule, which 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, theLARGESTsum andLONGESTtime shall be first put. In the house of commons, in England, the rule established by usage is, that theSMALLESTsum and theLONGESTtime shall be first put.]Return to text[Footnote14:The common, if not the only, mode of stating the question, in the legislative assemblies of this country, is on “striking out.”]Return to text[Footnote15:This is the common case of striking out a paragraph, after it has been amended by inserting words.]Return to text[Footnote16:Mr. Jefferson (§ xxxv.) says, “the question, if desired, is then to be divided,” etc.; but, as he makes no exception of a motion to strike out and insert, when treating of the subject of division, and does not here state it as an exception, he undoubtedly supposes the division in this case to be made in the regular and usual manner.]Return to text[Footnote17:This mode of defeating a measure, however, is not always successful. In 1780, Mr. Dunning having made a motion, in the house of commons “that, in the opinion of this house, the influence of the crown has increased, is increasing, and ought to be diminished,” Dundas, lord-advocate of Scotland, in order to defeat the motion, proposed to amend, by inserting, after the words,IN THE OPINION OF THIS HOUSE, the wordsIT IS NOW NECESSARY TO DECLARE THAT, ETC.But this amendment, instead of intimidating the friends of the original motion was at once adopted by them, and the resolution passed as amended.]Return to text

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[p55]proceedings of a similar character, and having the same general purpose in view. The latter will be first considered.

79.When 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 assembly may approve of some but not of all these parts, it is a compendious mode of amendment to divide the motion into separate questions, to be separately voted upon and decided by the assembly. This division may take place by the order of the assembly, on a motion regularly made and seconded for the purpose.

80.When a motion 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 through with and decided, the result will be the same, as if motions to amend by striking out the several parts had been made and put to the question. When a motion for a division is[p56]made, the mover ought to specify in his motion the manner in which he proposes to make the division; and this motion, like every other of the nature of an amendment, is itself susceptible 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 put separately on each, on his mere demand, and without any motion or any vote of the assembly for that purpose. But this is a mistake; there is no such rule of parliamentary proceeding; a complicated 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. When this is the case, it is for the presiding officer (subject of course to the revision of the assembly) to decide, when the division of a motion is demanded, first, whether the[p57]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.

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[p58]time or number, motions may be made for that purpose, and the question taken on each by itself, and before another is made; or several motions may be made and pending before any of them are put to the question. This last mode of proceeding, which is the most usual as well as convenient, requires that the several propositions should be arranged, and the question taken on them, in such order as will the soonest and with the most certainty enable the assembly to come to an agreement.

86.In determining upon the order to be adopted, the object is not to begin at that extreme, 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 propositions are made for filling blanks with a time or number, the rule is, that if thelargercomprehends thelesser, as in a question to what day a postponement shall take place,—the[p59]number of which a committee shall consist,—the amount of a fine to be imposed,—the term of an imprisonment,—the term of irredeemability of a loan,—or theterminus in quemin any other case, the question must begina maximo, and be first taken upon the greatest or farthest, and so on to the least or nearest, until the assembly comes to a vote: But, if thelesserincludes thegreater, as in questions on the limitation of the rate of interest,—on the amount of a tax,—on what day the session of a legislative assembly shall be closed, by adjournment,—on what day the next session shall commence,—or theterminus a quoin any other case, the question must begina minimo, and be first taken on the least or nearest, and so on to the greatest or most remote, until the assembly comes to a vote.[Footnote13]

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 substance of it with the other by way of amendment. A better mode, however, if the business of the assembly will admit of its being adopted, is to refer both propositions to a committee, with instructions to incorporate them together in one.

89.So, on the other hand, if the matter of one proposition would be more properly distributed into two, any part of it may be struck out by way of amendment, and put into the form of a new and distinct 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 put on striking it out where it stands, and another for inserting it in the place desired.

91.The numbers prefixed to the several[p61]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.

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 motion, in order to substitute another in its place; and, since, as has already been seen, a motion regularly made, seconded, and proposed, cannot be withdrawn without leave;it is clear, that the practice alluded to rests only upon general consent; and, that, if objected to, the mover of a proposition must obtain the permission of the assembly, by a motion and question, for the purpose, in order to enable him to modify his proposition.

93.So, too, when an amendment has been regularly moved and seconded, it is sometimes the practice for the mover of the proposition[p62]to which it relates to signify his consent to it, and for the amendment to be thereupon made, without any question being taken upon it by the assembly. As this proceeding, however, is essentially the same with that described in the preceding paragraph, it, of course, rests upon the same foundation, and is subject to the same rule.

94.All amendments, of which a proposition is susceptible, so far as form is concerned, may be effected in one of three ways, namely, either by inserting or adding certain words; or by striking out certain words; or by striking out certain words, and inserting or adding others. These several forms of amendment are subject to certain general rules, which, being equally applicable to them all, require to be stated beforehand.

95.First Rule.When a proposition consists of several sections, paragraphs, or resolutions, the natural order of considering and amending it is to begin at the beginning, and to proceed through it in course by paragraphs; and when a latter part has been[p63]amended, it is not in order to recur back, and make any alteration or amendment of a former part.

96.Second Rule.Every amendment, which can be proposed, whether by striking out, or inserting, or striking out and inserting, is itself susceptible of amendment; but, there can be no amendment of an amendment to an amendment: this would be such a piling of questions one upon another, as would lead to great embarrassment; and as the line must be drawn 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 sought by rejecting the amendment to the amendment, in the form in which it is proposed, and then moving it again in the form in which it is wished to be amended, in which it is only an amendment to an amendment; and in order to accomplish this, he who desires to amend an amendment should give notice, that, if rejected, in the form in which it is presented, he shall move it again in the form in which he desires to have it adopted.

97.Thus, if a proposition consists of A B,[p64]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.

98.Third Rule.Whatever is agreed to by the assembly, on a vote, either adopting or rejecting a proposed amendment, cannot be afterwards altered or amended.

99.Thus, if a proposition consists 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; and, so, if it is moved to strike out B, and the amendment is rejected, B cannot afterwards be amended, because a vote against striking 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[p65]of the preceding, and may be illustrated in the same manner.

101.Thus, if it is moved to amend A B by inserting C, and the amendment is rejected, C cannot be moved again; or, if it is moved to amend A B by striking out B, and the amendment prevails, B cannot be restored; because, in the first case, C, and, in the other, B, have been disagreed to by a vote.

102.Fifth Rule.The inconsistency or incompatibility of a proposed amendment with one which has already been adopted, is a fit ground for its rejection by the assembly, but not for the suppression of it by the presiding officer, as against order; for, if questions of this nature were allowed to be brought within the jurisdiction of the presiding officer, as matters of order, he might usurp a negative on important modifications, and suppress or embarrass instead of subserving the will of the assembly.

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[p66]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 former.

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; but 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 coherence to be inserted make these propositions substantially different from the first.

106.Thus, if the proposition A B C D is amended by striking out B C, it cannot be moved to insert B C again; but it may be moved to insert B C with other words, or B with others or C with others.

107.When it is proposed to amend by striking out a particular paragraph, it may be moved to amend this amendment, in three[p67]different ways, namely, either by striking out a part only of the paragraph, or by inserting or adding words, or by striking out and inserting.

108.Thus, if it is moved to amend the proposition A B C D, by striking out B C, it may be moved to amend this amendment by striking out B only or C only, or by inserting E, or by striking out B or C, and inserting E.

109.In the case of a proposed amendment by striking out, the effect of voting upon it, whether it be decided in the affirmative or negative according to the third and fourth rules above mentioned, renders it necessary for those who desire to retain the paragraph to amend it, if any amendment is necessary, before the vote is taken on striking out; as, if struck out, it cannot be restored, and, if retained, it cannot be amended.

110.As an amendment must necessarily be put to the question before the principal motion; so the question must be put on an amendment to an amendment before it is put on the 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[p68]amendments; and, consequently, they can only be moved, one at a time, or, at all events, must be put to the question in the order in which they are moved.

111.When a motion for striking out words is put to the question, the parliamentary form always is, whether the words shallstand as partof the principal motion, and not whether theyshall be struck 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 agreeing 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 amendment was stated on striking out, that the same question would be decided both affirmatively and negatively by the same vote.[Footnote14]

[p69]112.On a motion to amend by striking out certain words, the manner of stating the question 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.

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.Thus, if it is moved to amend the proposition A B by inserting C D, and the amendment is rejected, C D cannot be again moved; but it may be moved to insert C E, or D E, or C D E.

115.If it is proposed to amend by inserting a paragraph, and the amendment prevails, it cannot be afterwards moved to strike out the same words or a part of them; but it may be moved to strike out the same words with[p70]others,[Footnote15]or a part of the same words with others, provided the coherence be such as to make these propositions really different from the first.

116.Thus, if in the example above supposed the amendment prevails, and C D is inserted it cannot be afterwards moved to strike out C D, but it may be moved to strike out A C or A C D, or D B, or C D B.

117.When it is proposed to amend by inserting a paragraph, this amendment may be amended in three different ways, namely, either by striking out a part of the paragraph; or by inserting something into it; or by striking out and inserting.

118.Thus, if it is proposed to amend A B by inserting C D, this amendment may be amended either by striking out C or D, or inserting E, or by striking out C or D and inserting E.

119.When it is proposed to amend by inserting a paragraph, those who are in favor of the amendment should amend it, if necessary, before the question is taken; because if it is[p71]rejected, it cannot be moved again, and, if received, it cannot be amended.

120.There is no precedence of one over another in amendments to amendments by inserting, any more than in amendments to amendments by striking out.

121.On a motion to amend by inserting a paragraph, the manner of stating the question is, first, to read the passage to be amended, as it stands; then the words proposed to be inserted; and lastly, the whole passage as it will stand if the amendment prevails.

122.The third form of amending a proposition, namely, by striking out certain words and inserting others in their place, is, in fact, a combination of the other two forms; and may accordingly be divided into those two forms, either by a vote of the assembly, or on the demand of a member, under a special rule to that effect.[Footnote16]

[p72]123.If the motion is divided, the question is first to be taken on striking out; and if that is decided in the affirmative, then, on inserting; but if the former is decided in the negative, the latter falls, of course. On a division, the proceedings are the same, in reference to each branch of the question, beginning with the striking out, as if each branch had been moved by itself.

124.If the motion to strike out and insert is put to the question undivided, and is decided in the negative, the same motion cannot be made again; but, it may be moved to strike out the same words, and, 1, insert nothing; 2, insert other words; 3, insert the same words with others; 4, insert a part of the same words with others; 5, strike out the same words with others, and insert the same; 6, strike out a part of the same words with others, and insert the same; 7, strike out other words and insert the same; and, 8, insert the same words, without striking out anything.

125.If the motion to strike out and insert[p73]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 the same words with others; or, 4, to strike out a part of the same words with others.

126.When it is proposed to amend by striking out and inserting, this amendment may be amended in three different ways in the paragraph proposed to be struck out, and also in the paragraph proposed to be inserted, namely, by, striking out, or inserting, or striking out and inserting. And those who are in favor of either paragraph must amend it, before the question is taken, for the reasons already stated, namely, that, if decided in the affirmative, the part struck out cannot be restored, nor can the part inserted be amended; and, if decided in the negative, the part proposed to be struck out cannot be amended, nor can the paragraph proposed to be inserted be moved again.

127.On a motion to amend, by striking out certain words and inserting others, the[p74]manner of stating the question is first to read the whole passage to be amended, as it stands; then the words proposed to be struck out; next those to be inserted; and, lastly, the whole passage as it will stand when amended.

128.The term amendment is in strictness applicable only to those changes of a proposition, by which it is improved, that is, rendered more effectual for the purpose which it has in view, or made to express more clearly and definitely the sense which it is intended to express. Hence it seems proper, that those only should undertake to amend a proposition, who arefriendly to it; but this is by no means the rule; when a proposition is regularly moved and seconded, it is in the possession of the assembly, and cannot be withdrawn but by its leave; it has then become the basis of the future proceedings of the assembly, and may be put into any shape, and turned to any purpose, that the assembly may think proper.

129.It is consequently allowable to amend a proposition in such a manner as entirely to[p75]alter its nature, and to make it bear a sense different from what it was originally intended to bear; so that the friends of it, as it was first introduced, may themselves be forced to vote against it, in its amended form.

130.This mode of proceeding is sometimes adopted for the purpose of defeating a proposition, by compelling its original friends to unite with those who are opposed to it, in voting for its rejection. Thus, in the British Houses of Commons, Jan. 29, 1765, a resolution being moved, “That a general warrant for apprehending the authors, printers, or publishers of a libel, together with their papers, is not warranted by law, and is an high violation of the liberty of the subject:”—it was moved to amend this motion by prefixing the following paragraph, namely: “That in the particular case of libels, it is proper and necessary to fix, by a vote of this house only, what ought to be deemed the law in respect of general warrants; and, for that purpose, at the time when the determination of the legality of such warrants, in the instance of a most seditious and treasonable libel, is actually depending before the courts of law, for this house to declare”—that a[p76]general warrant for apprehending the authors, printers, or publishers of a libel together with their papers, is not warranted by law, and is an high violation of the liberty of the subject.The amendment was adopted, after a long debate, and then the resolution as amended was immediately rejected without a division.[Footnote17]

131.But sometimes the nature of a proposition is changed by means of amendments, with a view to its adoption in a sense the very opposite of what it was originally intended to bear. The following is a striking example of this mode of proceeding. In the house of commons, April 10, 1744, a resolution was moved, declaring, “That the issuing and paying to the Duke of Aremberg the sum of forty thousand pounds, sterling, to put the[p77]Austrian troops in motion in the year 1742, was a dangerous misapplication of public money, and destructive of the rights of parliament.” The object of this resolution was to censure the conduct of the ministers; and the friends 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 accordingly moved to amend, by leaving out the words “a dangerous misapplication,” etc., to the end of the motion, and inserting instead thereof the words, “necessary for putting the said troops in motion, and of great consequence to the common cause.” The amendment being adopted, it was resolved (reversing the original proposition) “That the issuing and paying to the Duke of Aremberg the sum of forty thousand pounds, to put the Austrian troops in motion, in the year 1742, was necessary for putting the said troops in motion, and of great consequence to the common cause.”

132.It is a mode of defeating a proposition, somewhat similar to that above mentioned, to carry out or extend the principle of it, by[p78]means of amendments, so as to show the 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 words:—“which letters may contain orders, or be relative to orders, not executed, and still subsisting.” This amendment being adopted, the motion as amended was unanimously rejected.

133.It will be seen, from the foregoing examples, that as the mover of a proposition is under no restriction as to embracing incongruous 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 all after the enacting clause, and inserting an entirely new bill; or to amend a resolution by striking out all after the words “Resolved[p79]that,” and inserting a proposition of a wholly different tenor.

[Footnote13:The above is the rule as laid down by Mr. Jefferson (§ 33), and holds where it is not superseded by a special rule, which 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, theLARGESTsum andLONGESTtime shall be first put. In the house of commons, in England, the rule established by usage is, that theSMALLESTsum and theLONGESTtime shall be first put.]Return to text[Footnote14:The common, if not the only, mode of stating the question, in the legislative assemblies of this country, is on “striking out.”]Return to text[Footnote15:This is the common case of striking out a paragraph, after it has been amended by inserting words.]Return to text[Footnote16:Mr. Jefferson (§ xxxv.) says, “the question, if desired, is then to be divided,” etc.; but, as he makes no exception of a motion to strike out and insert, when treating of the subject of division, and does not here state it as an exception, he undoubtedly supposes the division in this case to be made in the regular and usual manner.]Return to text[Footnote17:This mode of defeating a measure, however, is not always successful. In 1780, Mr. Dunning having made a motion, in the house of commons “that, in the opinion of this house, the influence of the crown has increased, is increasing, and ought to be diminished,” Dundas, lord-advocate of Scotland, in order to defeat the motion, proposed to amend, by inserting, after the words,IN THE OPINION OF THIS HOUSE, the wordsIT IS NOW NECESSARY TO DECLARE THAT, ETC.But this amendment, instead of intimidating the friends of the original motion was at once adopted by them, and the resolution passed as amended.]Return to text

[Footnote14:The common, if not the only, mode of stating the question, in the legislative assemblies of this country, is on “striking out.”]Return to text

[Footnote15:This is the common case of striking out a paragraph, after it has been amended by inserting words.]Return to text

[Footnote16:Mr. Jefferson (§ xxxv.) says, “the question, if desired, is then to be divided,” etc.; but, as he makes no exception of a motion to strike out and insert, when treating of the subject of division, and does not here state it as an exception, he undoubtedly supposes the division in this case to be made in the regular and usual manner.]Return to text

[Footnote17:This mode of defeating a measure, however, is not always successful. In 1780, Mr. Dunning having made a motion, in the house of commons “that, in the opinion of this house, the influence of the crown has increased, is increasing, and ought to be diminished,” Dundas, lord-advocate of Scotland, in order to defeat the motion, proposed to amend, by inserting, after the words,IN THE OPINION OF THIS HOUSE, the wordsIT IS NOW NECESSARY TO DECLARE THAT, ETC.But this amendment, instead of intimidating the friends of the original motion was at once adopted by them, and the resolution passed as amended.]Return to text

Back to Index Next