The Project Gutenberg eBook ofManual of Parliamentary PracticeThis ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online atwww.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.Title: Manual of Parliamentary PracticeAuthor: Luther Stearns CushingEditor: Frances P. SullivanRelease date: November 22, 2019 [eBook #60757]Most recently updated: October 17, 2024Language: EnglishCredits: Produced by Juliet Sutherland, David Wilson and the OnlineDistributed Proofreading Team at http://www.pgdp.net*** START OF THE PROJECT GUTENBERG EBOOK MANUAL OF PARLIAMENTARY PRACTICE ***
This ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online atwww.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.
Title: Manual of Parliamentary PracticeAuthor: Luther Stearns CushingEditor: Frances P. SullivanRelease date: November 22, 2019 [eBook #60757]Most recently updated: October 17, 2024Language: EnglishCredits: Produced by Juliet Sutherland, David Wilson and the OnlineDistributed Proofreading Team at http://www.pgdp.net
Title: Manual of Parliamentary Practice
Author: Luther Stearns CushingEditor: Frances P. Sullivan
Author: Luther Stearns Cushing
Editor: Frances P. Sullivan
Release date: November 22, 2019 [eBook #60757]Most recently updated: October 17, 2024
Language: English
Credits: Produced by Juliet Sutherland, David Wilson and the OnlineDistributed Proofreading Team at http://www.pgdp.net
*** START OF THE PROJECT GUTENBERG EBOOK MANUAL OF PARLIAMENTARY PRACTICE ***
[p3]MANUAL OF PARLIAMENTARY PRACTICE.RULESOFPROCEEDING AND DEBATEINDELIBERATIVE ASSEMBLIES.BYLUTHER S. CUSHING.REVISED BYFRANCES P. SULLIVAN.Copyright, 1887,BY M. J. IVERS & CO.NEW YORK:M. J. IVERS & CO.379Pearl Street
RULESOFPROCEEDING AND DEBATEINDELIBERATIVE ASSEMBLIES.
BYLUTHER S. CUSHING.
REVISED BYFRANCES P. SULLIVAN.
Copyright, 1887,BY M. J. IVERS & CO.
NEW YORK:M. J. IVERS & CO.379Pearl Street
[p4]AUTHOR’S STATEMENT.Thefollowing treatise forms a part only of a much larger and more comprehensive work, covering the whole ground of parliamentary law and practice, which the author has for some time been engaged in preparing; and which it is his intention to complete and publish, as soon as possible. In the mean time, this little work has been compiled, chiefly from the larger, at the request of the publishers, and to supply a want which was supposed to exist to a considerable extent.The treatise, now presented to the public, is intended as aManual for Deliberative Assembliesof every description, but more especially for those which are not legislative in their character; though with the exception of the principal points, in which legislative bodies differ from others, namely, the several different stages or readings of a bill, and[p5]conferences and amendments between the two branches, this work will be found equally useful in legislative assemblies as in others.The only work which has hitherto been in general use in this country, relating to the proceedings of legislative assemblies, is the compilation originally prepared by Mr. Jefferson, when vice-president of the United States, for the use of the body over which he presided, and which is familiarly known asJefferson’s Manual. This work, having been extensively used in our legislative bodies, and, in some States, expressly sanctioned by law, may be said to form, as it were, the basis of the common parliamentary law of this country. Regarding it in that light, the author of the following treatise has considered the principles and rules laid down by Mr. Jefferson (and which have been adopted by him chiefly from the elaborate work of Mr. Hatsell) as the established rules on this subject, and has accordingly made them the basis of the present compilation, with an occasional remark, in a note, by way of explanation or suggestion, whenever he deemed it necessary.Members of legislative bodies, who may have occasion to make use of this work, will[p6]do well to bear in mind, that it contains only what may be called thecommon parliamentary law; which, in every legislative assembly, is more or less modified or controlled by special rules.L. S. C.Boston, November 1, 1844.PUBLISHER’S REMARKS.Thisedition of Cushing’sManual of Parliamentary Practicehas annotations, etc., not to be found in any other edition of the Manual. The old edition of course could not be improved upon, but there were several passages in which the meaning could be brought out plainer by notes illustrating them. This has been done, and the reader will find that the notes will assist him materially.In addition theConstitution of the United Stateshas been added, and as not a few references are made to it in the Manual, it will be found to be an addition to the book not to be despised.
Thefollowing treatise forms a part only of a much larger and more comprehensive work, covering the whole ground of parliamentary law and practice, which the author has for some time been engaged in preparing; and which it is his intention to complete and publish, as soon as possible. In the mean time, this little work has been compiled, chiefly from the larger, at the request of the publishers, and to supply a want which was supposed to exist to a considerable extent.
The treatise, now presented to the public, is intended as aManual for Deliberative Assembliesof every description, but more especially for those which are not legislative in their character; though with the exception of the principal points, in which legislative bodies differ from others, namely, the several different stages or readings of a bill, and[p5]conferences and amendments between the two branches, this work will be found equally useful in legislative assemblies as in others.
The only work which has hitherto been in general use in this country, relating to the proceedings of legislative assemblies, is the compilation originally prepared by Mr. Jefferson, when vice-president of the United States, for the use of the body over which he presided, and which is familiarly known asJefferson’s Manual. This work, having been extensively used in our legislative bodies, and, in some States, expressly sanctioned by law, may be said to form, as it were, the basis of the common parliamentary law of this country. Regarding it in that light, the author of the following treatise has considered the principles and rules laid down by Mr. Jefferson (and which have been adopted by him chiefly from the elaborate work of Mr. Hatsell) as the established rules on this subject, and has accordingly made them the basis of the present compilation, with an occasional remark, in a note, by way of explanation or suggestion, whenever he deemed it necessary.
Members of legislative bodies, who may have occasion to make use of this work, will[p6]do well to bear in mind, that it contains only what may be called thecommon parliamentary law; which, in every legislative assembly, is more or less modified or controlled by special rules.
L. S. C.
Boston, November 1, 1844.
Thisedition of Cushing’sManual of Parliamentary Practicehas annotations, etc., not to be found in any other edition of the Manual. The old edition of course could not be improved upon, but there were several passages in which the meaning could be brought out plainer by notes illustrating them. This has been done, and the reader will find that the notes will assist him materially.
In addition theConstitution of the United Stateshas been added, and as not a few references are made to it in the Manual, it will be found to be an addition to the book not to be despised.
[p7]TABLE OF CONTENTS.PAGEINTRODUCTION9CHAPTER I.—Of Certain Preliminary Matters20Sect. I.Quorum20Sect. II.Rules and Orders22Sect. III.Time of Meeting23Sect. IV.Principle of Decision24CHAPTER II.—Of the Officers25Sect. I.The Presiding Officer26Sect. II.The Recording Officer28CHAPTER III.—Of the Rights and Duties of Members30CHAPTER IV.—Of the Introduction of Business34CHAPTER V.—Of Motions in General42CHAPTER VI.—Of Motions To Suppress45Sect. I.Previous Question46Sect. II.Indefinite Postponement50CHAPTER VII.—Of Motions To Postpone51CHAPTER VIII.—Of Motions To Commit52CHAPTER IX.—Of Motions to Amend54Sect. I.Division of a Question55Sect. II.Filling Blanks57Sect. III.Addition—Separation—Transposition60Sect. IV.Modification, etc., by the Mover61Sect. V.General Rules relating to Amendments62Sect. VI.Amendments, by striking out65Sect. VII.Amendments, by inserting69Sect. VIII.Amendments, by striking out and inserting71Sect. IX.Amendments, changing the nature of a question74[p8]CHAPTER X.—Of the Order and Succession of Questions79Sect. I.Privileged Questions80Adjournment81Questions of Privilege82Orders of the Day83Sect. II.Incidental Questions86Questions of Order86Reading of Papers88Withdrawal of a Motion91Suspension of a Rule91Amendment of Amendments92Sect. III.Subsidiary Questions93Lie on the Table95Previous Question96Postponement97Commitment98Amendment99CHAPTER XI.—Of the Order of Proceeding101CHAPTER XII.—Of Order in Debate108Sect. I.As to the Manner of Speaking109Sect. II.As to the Matter in Speaking112Sect. III.As to Times of Speaking115Sect. IV.As to Stopping Debate117Sect. V.As to Decorum in Debate119Sect. VI.As to Disorderly Words120CHAPTER XIII.—Of the Question124CHAPTER XIV.—Of Reconsideration135CHAPTER XV.—Of Committees138Sect. I.Their Nature and Functions138Sect. II.Their Appointment141Sect. III.Their Organization, etc.145Sect. IV.Their Report150Sect. V.Committee of the Whole155CONCLUDING REMARKS161CONSTITUTION OF THE UNITED STATES165
INTRODUCTION
CHAPTER I.—Of Certain Preliminary Matters
Quorum
Rules and Orders
Time of Meeting
Principle of Decision
CHAPTER II.—Of the Officers
The Presiding Officer
The Recording Officer
CHAPTER III.—Of the Rights and Duties of Members
CHAPTER IV.—Of the Introduction of Business
CHAPTER V.—Of Motions in General
CHAPTER VI.—Of Motions To Suppress
Previous Question
Indefinite Postponement
CHAPTER VII.—Of Motions To Postpone
CHAPTER VIII.—Of Motions To Commit
CHAPTER IX.—Of Motions to Amend
Division of a Question
Filling Blanks
Addition—Separation—Transposition
Modification, etc., by the Mover
General Rules relating to Amendments
Amendments, by striking out
Amendments, by inserting
Amendments, by striking out and inserting
Amendments, changing the nature of a question
[p8]CHAPTER X.—Of the Order and Succession of Questions
Privileged Questions
Adjournment
Questions of Privilege
Orders of the Day
Incidental Questions
Questions of Order
Reading of Papers
Withdrawal of a Motion
Suspension of a Rule
Amendment of Amendments
Subsidiary Questions
Lie on the Table
Previous Question
Postponement
Commitment
Amendment
CHAPTER XI.—Of the Order of Proceeding
CHAPTER XII.—Of Order in Debate
As to the Manner of Speaking
As to the Matter in Speaking
As to Times of Speaking
As to Stopping Debate
As to Decorum in Debate
As to Disorderly Words
CHAPTER XIII.—Of the Question
CHAPTER XIV.—Of Reconsideration
CHAPTER XV.—Of Committees
Their Nature and Functions
Their Appointment
Their Organization, etc.
Their Report
Committee of the Whole
CONCLUDING REMARKS
CONSTITUTION OF THE UNITED STATES
[p9]PARLIAMENTARY PRACTICE.INTRODUCTION.1.Thepurposes, whatever they may be, for which a deliberative assembly of any kind is constituted, can only be effected by ascertaining the sense or will of the assembly, in reference to the several subjects submitted to it, and by embodying that sense or will in an intelligible, authentic, and authoritative form. To do this, it is necessary, in the first place, that the assembly should be properly constituted and organized; and, secondly, that it should conduct its proceedings according to certain rules, and agreeably to certain forms, which experience has shown to be the best adapted to the purpose.2.Some deliberative assemblies, especially those which consist of permanently established bodies, such as municipal and other corporations, are usually constituted and[p10]organized, at least, in part, in virtue of certain legal provisions; while others, of an occasional or temporary character, such as conventions and political meetings, constitute and organize themselves on their assembling together for the purposes of their appointment.3.The most usual and convenient mode of organizing a deliberative assembly is the following:—The members being assembled together, in the place, and at the time appointed for their meeting, one of them addressing himself to the others, requests them to come to order; the members thereupon seating themselves, and giving their attention to him, he suggests the propriety and necessity of their being organized, before proceeding to business, and requests the members to nominate some person to act as chairman of the meeting; a name or names being thereupon mentioned, he declares that such a person (whose name was first heard by him) is nominated for chairman, and puts a question that the person so named be requested to take the chair. If this question should be decided in the negative, another nomination is then to be called for, and a question put upon the name mentioned (being that of some other[p11]person) as before, and so on until a choice is effected. When a chairman is elected, he takes the chair, and proceeds in the same manner to complete the organization of the assembly, by the choice of a secretary and such other officers, if any, as may be deemed necessary.4.An organization, thus effected, may be, and frequently is, sufficient for all the purposes of the meeting; but if, for any reason, it is desired to have a greater number of officers, or to have them selected with more deliberation, it is the practice to organize temporarily, in the manner above mentioned, and then to refer the subject of a permanent organization, and the selection of persons to be nominated for the several offices, to a committee; upon whose report, the meeting proceeds to organize itself, conformably thereto, or in such other manner as it thinks proper.[“In Congress, and all the lower houses of the State legislatures, and a few of the State senates, the presiding officer is called theSpeaker; while in the United States Senate and a number of State senates the namePresidentis used.”—Ed.]5.The presiding officer is usually[p12]denominated thepresident, and the recording officer, thesecretary; though, sometimes, these officers are designated, respectively, as thechairmanandclerk. It is not unusual, besides a president, to have one or more vice-presidents; who take the chair, occasionally, in the absence of the president from the assembly, or when he withdraws from the chair to take part in the proceedings as a member; but who, at other times, though occupying seats with the president, act merely as members. It is frequently the case, also, that several persons are appointed secretaries, in which case, the first named is considered as the principal officer. All the officers are, ordinarily, members of the assembly[Footnote1]; and, as such, entitled to participate in the proceedings; except that the presiding officer does not usually engage in the debate, and votes only when the assembly is equally divided.6.In all deliberative assemblies, the members of which are chosen or appointed to represent others, it is necessary, before proceeding[p13]to business, to ascertain who are duly elected and returned as members; in order not only that no person may be admitted to participate in the proceedings who is not regularly authorized to do so, but also that a list of the members may be made for the use of the assembly and its officers.7.The proper time for this investigation is after the temporary and before the permanent organization; or, when the assembly is permanently organized, in the first instance, before it proceeds to the transaction of any other business; and the most convenient mode of conducting it is by the appointment of a committee, to receive and report upon the credentials of the members. The same committee may also be charged with the investigation of rival claims, where any such are presented.8.When a question arises, involving the right of a member to his seat, such member is entitled to be heard on the question, and he is then to withdraw from the assembly until it is decided; but if, by the indulgence of the assembly, he remains in his place, during the discussion, he ought neither to take any further part in it, nor to vote when the[p14]question is proposed; it being a fundamental rule of all deliberative assemblies, that those members, whose rights as such are not yet set aside, constitute a judicial tribunal to decide upon the cases of those whose rights of membership are called in question. Care should always be taken, therefore, in the selection of the officers, and in the appointment of committees, to name only those persons whose rights as members are not objected to.9.The place where an assembly is held being in its possession, and rightfully appropriated to its use, no person is entitled to be present therein, but by the consent of the assembly; and, consequently, if any person refuse to withdraw, when ordered to do so, or conduct himself in a disorderly or improper manner, the assembly may unquestionably employ sufficient force to remove such person from the meeting.10.Every deliberative assembly, by the mere fact of its being assembled and constituted, does thereby necessarily adopt and become subject to those rules and forms of proceeding, without which it would be impossible for it to accomplish the purposes of its[p15]creation. It is perfectly competent, however, for every such body—and where the business is of considerable interest and importance, or likely to require some time for its accomplishment, it is not unusual—to adopt also certain special rules for the regulation of its proceedings. Where this is the case, these latter supersede the ordinary parliamentary rules, in reference to all points to which they relate; or add to them in those particulars in reference to which there is no parliamentary rule; leaving what may be called the common parliamentary law in full force in all other respects.11.The rules of parliamentary proceedings in this country are derived from, and essentially the same with, those of the British parliament; though, in order to adapt these rules to the circumstances and wants of our legislative assemblies, they have, in some few respects, been changed,—in others, differently applied,—and in others, again, extended beyond their original intention. To these rules, each legislative assembly is accustomed to add a code of its own, by which, in conjunction with the former, its proceedings are regulated. The rules, thus adopted by the several[p16]legislative assemblies, having been renewed in successive legislatures,—with such extensions, modifications and additions as have been from time to time, thought necessary,—the result is, that a system of parliamentary rules has been established in each State, different in some particulars from those of every other State, but yet founded in and embracing all the essential rules of the common parliamentary law.12.The rules of proceeding, in each State, being of course best known by the citizens of that State, it has sometimes happened in deliberative assemblies, that the proceedings have been conducted not merely according to the general parliamentary law, but also in conformity with the peculiar system of the State in which the assembly was sitting, or of whose citizens it was composed. This, however, is erroneous; as no occasional assembly can ever be subject to any other rules, than those which are of general application, or which it specially adopts for its own government; and the rules adopted and practised upon by a legislative assembly do not thereby acquire the character of general laws.13.The judgment, opinion, sense, or will[p17]of a deliberate assembly is expressed, according to the nature of the subject, either by a resolution, order, or vote. When it commands, it is by anorder; but facts, principles, its own opinions, or purposes, are most properly expressed in the form of aresolution; the termvotemay be applied to the result of every question decided by the assembly. In whatever form, however, a question is proposed, or by whatever name it may be called, the mode of proceeding is the same.14.The judgment or will of any number of persons, considered as an aggregate body, is that which is evidenced by the consent or agreement of the greater number of them; and the only mode by which this can be ascertained, in reference to any particular subject, is for some one of them to begin by submitting to the others a proposition, expressed in such a form of words, that, if assented to by the requisite number, it will purport to express the judgment or will of the assembly. This proposition will then form a basis for the further proceedings of the assembly; to be assented to, rejected, or modified, according as it expresses or not, or may be made to express the sense of a majority of the members. The[p18]different proceedings which take place, from the first submission of a proposition, through all the changes it may undergo, until the final decision of the assembly upon it, constitute the subject of the rules of debate and proceeding in deliberative assemblies.15.If the proceedings of a deliberative assembly were confined to the making of propositions by the individual members, and their acceptance or rejection by the votes of the assembly, there would be very little occasion for rules in such a body. But this is not the case. The functions of the members are not limited to giving an affirmative or negative to such questions as are proposed to them. When a proposition is made, if it be not agreed to or rejected at once, the assembly may be unwilling to consider and act upon it at all; or it may wish to postpone the consideration of the subject to a future time; or it may be willing to adopt the proposition with certain modifications; or, lastly, approving the subject-matter, but finding it presented in so crude, imperfect, or objectionable a form, that it cannot in that state be considered at all, the assembly may desire to have the proposition further examined and digested, before[p19]being presented. In order to enable the assembly to take whichever of the courses above indicated it may think proper, and then to dispose of every proposition in a suitable manner, certain motions or forms of question have been invented, which are perfectly adapted for the purpose, and are in common use in all deliberative assemblies.[Footnote1:In legislative bodies, the clerk is seldom or never a member; and, in some, the presiding officer is not a member; as, for example, in the Senate of the United States, the Senate of New York, and in some other State senates.]Return to text
INTRODUCTION.
1.Thepurposes, whatever they may be, for which a deliberative assembly of any kind is constituted, can only be effected by ascertaining the sense or will of the assembly, in reference to the several subjects submitted to it, and by embodying that sense or will in an intelligible, authentic, and authoritative form. To do this, it is necessary, in the first place, that the assembly should be properly constituted and organized; and, secondly, that it should conduct its proceedings according to certain rules, and agreeably to certain forms, which experience has shown to be the best adapted to the purpose.
2.Some deliberative assemblies, especially those which consist of permanently established bodies, such as municipal and other corporations, are usually constituted and[p10]organized, at least, in part, in virtue of certain legal provisions; while others, of an occasional or temporary character, such as conventions and political meetings, constitute and organize themselves on their assembling together for the purposes of their appointment.
3.The most usual and convenient mode of organizing a deliberative assembly is the following:—The members being assembled together, in the place, and at the time appointed for their meeting, one of them addressing himself to the others, requests them to come to order; the members thereupon seating themselves, and giving their attention to him, he suggests the propriety and necessity of their being organized, before proceeding to business, and requests the members to nominate some person to act as chairman of the meeting; a name or names being thereupon mentioned, he declares that such a person (whose name was first heard by him) is nominated for chairman, and puts a question that the person so named be requested to take the chair. If this question should be decided in the negative, another nomination is then to be called for, and a question put upon the name mentioned (being that of some other[p11]person) as before, and so on until a choice is effected. When a chairman is elected, he takes the chair, and proceeds in the same manner to complete the organization of the assembly, by the choice of a secretary and such other officers, if any, as may be deemed necessary.
4.An organization, thus effected, may be, and frequently is, sufficient for all the purposes of the meeting; but if, for any reason, it is desired to have a greater number of officers, or to have them selected with more deliberation, it is the practice to organize temporarily, in the manner above mentioned, and then to refer the subject of a permanent organization, and the selection of persons to be nominated for the several offices, to a committee; upon whose report, the meeting proceeds to organize itself, conformably thereto, or in such other manner as it thinks proper.
[“In Congress, and all the lower houses of the State legislatures, and a few of the State senates, the presiding officer is called theSpeaker; while in the United States Senate and a number of State senates the namePresidentis used.”—Ed.]
5.The presiding officer is usually[p12]denominated thepresident, and the recording officer, thesecretary; though, sometimes, these officers are designated, respectively, as thechairmanandclerk. It is not unusual, besides a president, to have one or more vice-presidents; who take the chair, occasionally, in the absence of the president from the assembly, or when he withdraws from the chair to take part in the proceedings as a member; but who, at other times, though occupying seats with the president, act merely as members. It is frequently the case, also, that several persons are appointed secretaries, in which case, the first named is considered as the principal officer. All the officers are, ordinarily, members of the assembly[Footnote1]; and, as such, entitled to participate in the proceedings; except that the presiding officer does not usually engage in the debate, and votes only when the assembly is equally divided.
6.In all deliberative assemblies, the members of which are chosen or appointed to represent others, it is necessary, before proceeding[p13]to business, to ascertain who are duly elected and returned as members; in order not only that no person may be admitted to participate in the proceedings who is not regularly authorized to do so, but also that a list of the members may be made for the use of the assembly and its officers.
7.The proper time for this investigation is after the temporary and before the permanent organization; or, when the assembly is permanently organized, in the first instance, before it proceeds to the transaction of any other business; and the most convenient mode of conducting it is by the appointment of a committee, to receive and report upon the credentials of the members. The same committee may also be charged with the investigation of rival claims, where any such are presented.
8.When a question arises, involving the right of a member to his seat, such member is entitled to be heard on the question, and he is then to withdraw from the assembly until it is decided; but if, by the indulgence of the assembly, he remains in his place, during the discussion, he ought neither to take any further part in it, nor to vote when the[p14]question is proposed; it being a fundamental rule of all deliberative assemblies, that those members, whose rights as such are not yet set aside, constitute a judicial tribunal to decide upon the cases of those whose rights of membership are called in question. Care should always be taken, therefore, in the selection of the officers, and in the appointment of committees, to name only those persons whose rights as members are not objected to.
9.The place where an assembly is held being in its possession, and rightfully appropriated to its use, no person is entitled to be present therein, but by the consent of the assembly; and, consequently, if any person refuse to withdraw, when ordered to do so, or conduct himself in a disorderly or improper manner, the assembly may unquestionably employ sufficient force to remove such person from the meeting.
10.Every deliberative assembly, by the mere fact of its being assembled and constituted, does thereby necessarily adopt and become subject to those rules and forms of proceeding, without which it would be impossible for it to accomplish the purposes of its[p15]creation. It is perfectly competent, however, for every such body—and where the business is of considerable interest and importance, or likely to require some time for its accomplishment, it is not unusual—to adopt also certain special rules for the regulation of its proceedings. Where this is the case, these latter supersede the ordinary parliamentary rules, in reference to all points to which they relate; or add to them in those particulars in reference to which there is no parliamentary rule; leaving what may be called the common parliamentary law in full force in all other respects.
11.The rules of parliamentary proceedings in this country are derived from, and essentially the same with, those of the British parliament; though, in order to adapt these rules to the circumstances and wants of our legislative assemblies, they have, in some few respects, been changed,—in others, differently applied,—and in others, again, extended beyond their original intention. To these rules, each legislative assembly is accustomed to add a code of its own, by which, in conjunction with the former, its proceedings are regulated. The rules, thus adopted by the several[p16]legislative assemblies, having been renewed in successive legislatures,—with such extensions, modifications and additions as have been from time to time, thought necessary,—the result is, that a system of parliamentary rules has been established in each State, different in some particulars from those of every other State, but yet founded in and embracing all the essential rules of the common parliamentary law.
12.The rules of proceeding, in each State, being of course best known by the citizens of that State, it has sometimes happened in deliberative assemblies, that the proceedings have been conducted not merely according to the general parliamentary law, but also in conformity with the peculiar system of the State in which the assembly was sitting, or of whose citizens it was composed. This, however, is erroneous; as no occasional assembly can ever be subject to any other rules, than those which are of general application, or which it specially adopts for its own government; and the rules adopted and practised upon by a legislative assembly do not thereby acquire the character of general laws.
13.The judgment, opinion, sense, or will[p17]of a deliberate assembly is expressed, according to the nature of the subject, either by a resolution, order, or vote. When it commands, it is by anorder; but facts, principles, its own opinions, or purposes, are most properly expressed in the form of aresolution; the termvotemay be applied to the result of every question decided by the assembly. In whatever form, however, a question is proposed, or by whatever name it may be called, the mode of proceeding is the same.
14.The judgment or will of any number of persons, considered as an aggregate body, is that which is evidenced by the consent or agreement of the greater number of them; and the only mode by which this can be ascertained, in reference to any particular subject, is for some one of them to begin by submitting to the others a proposition, expressed in such a form of words, that, if assented to by the requisite number, it will purport to express the judgment or will of the assembly. This proposition will then form a basis for the further proceedings of the assembly; to be assented to, rejected, or modified, according as it expresses or not, or may be made to express the sense of a majority of the members. The[p18]different proceedings which take place, from the first submission of a proposition, through all the changes it may undergo, until the final decision of the assembly upon it, constitute the subject of the rules of debate and proceeding in deliberative assemblies.
15.If the proceedings of a deliberative assembly were confined to the making of propositions by the individual members, and their acceptance or rejection by the votes of the assembly, there would be very little occasion for rules in such a body. But this is not the case. The functions of the members are not limited to giving an affirmative or negative to such questions as are proposed to them. When a proposition is made, if it be not agreed to or rejected at once, the assembly may be unwilling to consider and act upon it at all; or it may wish to postpone the consideration of the subject to a future time; or it may be willing to adopt the proposition with certain modifications; or, lastly, approving the subject-matter, but finding it presented in so crude, imperfect, or objectionable a form, that it cannot in that state be considered at all, the assembly may desire to have the proposition further examined and digested, before[p19]being presented. In order to enable the assembly to take whichever of the courses above indicated it may think proper, and then to dispose of every proposition in a suitable manner, certain motions or forms of question have been invented, which are perfectly adapted for the purpose, and are in common use in all deliberative assemblies.
[Footnote1:In legislative bodies, the clerk is seldom or never a member; and, in some, the presiding officer is not a member; as, for example, in the Senate of the United States, the Senate of New York, and in some other State senates.]Return to text
[Footnote1:In legislative bodies, the clerk is seldom or never a member; and, in some, the presiding officer is not a member; as, for example, in the Senate of the United States, the Senate of New York, and in some other State senates.]Return to text
[p20]CHAPTER I.OF CERTAIN PRELIMINARY MATTERS.16.Before entering upon the subject of the forms and rules of proceeding, in the transaction of business, it will be convenient to consider certain matters of a preliminary nature, which are more or less essential to the regularity, dispatch, and efficiency of the proceedings.Section I. Quorum.[Footnote2]17.In all councils, and other collective bodies of the same kind, it is necessary, that[p21]a certain number, called a quorum, of the members, should meet and be present, in order to the transaction of business. This regulation has been deemed essential to secure fairness of proceedings; and to prevent matters from being concluded in a hasty manner, or agreed to by so small a number of the members, as not to command a due and proper respect.18.The number necessary to constitute a quorum of any assembly may be fixed by law, as is the case with most of our legislative assemblies; or by usage, as in the English House of Commons; or it may be fixed by the assembly itself; but if no rule is established on the subject, in any of these ways, a majority of the members composing the assembly is the requisite number.19.No business can regularly be entered upon until a quorum is present; nor can any business be regularly proceeded with when it appears that the members present are reduced below that number; consequently, the presiding officer ought not to take the chair until the proper number is ascertained to be present; and if, at any time, in the course of the proceedings, notice is taken that a quorum[p22]is not present, and, upon the members being counted by the presiding officer, such appears to be the fact, the assembly must be immediately adjourned.[Footnote3]Sect. II. Rules and Orders.20.Every deliberative assembly, as has already been observed, is, by the fact alone of its existence, subject to those rules of proceeding, without which it could not accomplish the purposes of its creation. It may also provide rules for itself, either in the form of a general code established beforehand, or by the adoption, from time to time, during its sitting, of such special rules as it may find necessary.21.When a code of rules is adopted beforehand, it is usual also to provide therein as to the mode in which they may be amended, repealed, or dispensed with. Where there is no such provision, it will be competent for the assembly to act at any time, and in the usual manner, upon questions of amendment[p23]or repeal; but in reference to dispensing with a rule, or suspending it, in a particular case, if there is no express provision on the subject, it seems that it can only be done by general consent.[Footnote4]22.When any of the rules, adopted by the assembly, or in force, relative to its manner of proceeding, is disregarded or infringed, every member has the right to take notice thereof and to require that the presiding officer, or any other whose duty it is, shall carry such rule into execution; and, in that case, the rule must be enforced, at once, without debate or delay. It is then too late to alter, repeal, or suspend the rule; so long as any one member insists upon its execution, it must be enforced.Sect. III. Time of Meeting.23.Every assembly, which is not likely to finish its business at one sitting, will find it convenient to come to some order or resolution beforehand, as to the time of reassembling,[p24]after an adjournment; it being generally embarrassing to fix upon the hour for this purpose, at the time when the sitting is about to close, and in connection with the motion to adjourn.Sect. IV. Principle of Decision.24.The principle, upon which the decisions of all aggregate bodies, such as councils, corporations, and deliberative assemblies, are made, is that of the majority of votes or suffrages; and this rule holds not only in reference to questions and subjects, which admit only of an affirmative on one side, and a negative on the other, but also in reference to elections in which more than two persons may receive the suffrages.25.But this rule may be controlled by a special rule in reference to some particular subject or question; by which any less number than a majority may be admitted, or any greater number required to express the will of the assembly. Thus, it is frequently provided, in legislative assemblies, that one third or one fourth only of the members shall be sufficient to require the taking of a question[p25]by yeas and nays,[Footnote5]and, on the other hand, that no alteration shall take place in any of the rules and orders, without the consent of at least two thirds, or even a larger number.[Footnote2:[“The termquorum(literally,of whom) is one of the words used in England in the Latin form of the commission to justices of the peace. The part of the document wherein the word occurs reads thus: ‘We have assigned you, and every two or more of you,quorum aliquem vestrum, A, B, C, D, etc.,unum esse volumus.—i.e.of whomwe will that any of you A, B or C, etc., shall be one.’ This made it necessary that certain individuals, who, in the language of the commission, were said to be of thequorum, should be present during the transaction of business.”—Blackstone’s Commentaries, I. 352.]]Return to text[Footnote3:“Some legislative bodies have by law given a smaller number than a quorum the power to compel the attendance of absent members.”—Ed.]Return to text[Footnote4:“A motion to suspend the rules is not debatable.”—Ed.]Return to text[Footnote5:“In the United States, the number of members competent to demand that a question be taken by yeas and nays, is decided for Congress and for State legislatures by constitutional provision.In the Constitution of the United States, the number is one fifth; some of the State constitutions give this power to one fifth, some to three members; some to two, and some to one.”—Ed.]Return to text
16.Before entering upon the subject of the forms and rules of proceeding, in the transaction of business, it will be convenient to consider certain matters of a preliminary nature, which are more or less essential to the regularity, dispatch, and efficiency of the proceedings.
17.In all councils, and other collective bodies of the same kind, it is necessary, that[p21]a certain number, called a quorum, of the members, should meet and be present, in order to the transaction of business. This regulation has been deemed essential to secure fairness of proceedings; and to prevent matters from being concluded in a hasty manner, or agreed to by so small a number of the members, as not to command a due and proper respect.
18.The number necessary to constitute a quorum of any assembly may be fixed by law, as is the case with most of our legislative assemblies; or by usage, as in the English House of Commons; or it may be fixed by the assembly itself; but if no rule is established on the subject, in any of these ways, a majority of the members composing the assembly is the requisite number.
19.No business can regularly be entered upon until a quorum is present; nor can any business be regularly proceeded with when it appears that the members present are reduced below that number; consequently, the presiding officer ought not to take the chair until the proper number is ascertained to be present; and if, at any time, in the course of the proceedings, notice is taken that a quorum[p22]is not present, and, upon the members being counted by the presiding officer, such appears to be the fact, the assembly must be immediately adjourned.[Footnote3]
20.Every deliberative assembly, as has already been observed, is, by the fact alone of its existence, subject to those rules of proceeding, without which it could not accomplish the purposes of its creation. It may also provide rules for itself, either in the form of a general code established beforehand, or by the adoption, from time to time, during its sitting, of such special rules as it may find necessary.
21.When a code of rules is adopted beforehand, it is usual also to provide therein as to the mode in which they may be amended, repealed, or dispensed with. Where there is no such provision, it will be competent for the assembly to act at any time, and in the usual manner, upon questions of amendment[p23]or repeal; but in reference to dispensing with a rule, or suspending it, in a particular case, if there is no express provision on the subject, it seems that it can only be done by general consent.[Footnote4]
22.When any of the rules, adopted by the assembly, or in force, relative to its manner of proceeding, is disregarded or infringed, every member has the right to take notice thereof and to require that the presiding officer, or any other whose duty it is, shall carry such rule into execution; and, in that case, the rule must be enforced, at once, without debate or delay. It is then too late to alter, repeal, or suspend the rule; so long as any one member insists upon its execution, it must be enforced.
23.Every assembly, which is not likely to finish its business at one sitting, will find it convenient to come to some order or resolution beforehand, as to the time of reassembling,[p24]after an adjournment; it being generally embarrassing to fix upon the hour for this purpose, at the time when the sitting is about to close, and in connection with the motion to adjourn.
24.The principle, upon which the decisions of all aggregate bodies, such as councils, corporations, and deliberative assemblies, are made, is that of the majority of votes or suffrages; and this rule holds not only in reference to questions and subjects, which admit only of an affirmative on one side, and a negative on the other, but also in reference to elections in which more than two persons may receive the suffrages.
25.But this rule may be controlled by a special rule in reference to some particular subject or question; by which any less number than a majority may be admitted, or any greater number required to express the will of the assembly. Thus, it is frequently provided, in legislative assemblies, that one third or one fourth only of the members shall be sufficient to require the taking of a question[p25]by yeas and nays,[Footnote5]and, on the other hand, that no alteration shall take place in any of the rules and orders, without the consent of at least two thirds, or even a larger number.
[Footnote2:[“The termquorum(literally,of whom) is one of the words used in England in the Latin form of the commission to justices of the peace. The part of the document wherein the word occurs reads thus: ‘We have assigned you, and every two or more of you,quorum aliquem vestrum, A, B, C, D, etc.,unum esse volumus.—i.e.of whomwe will that any of you A, B or C, etc., shall be one.’ This made it necessary that certain individuals, who, in the language of the commission, were said to be of thequorum, should be present during the transaction of business.”—Blackstone’s Commentaries, I. 352.]]Return to text[Footnote3:“Some legislative bodies have by law given a smaller number than a quorum the power to compel the attendance of absent members.”—Ed.]Return to text[Footnote4:“A motion to suspend the rules is not debatable.”—Ed.]Return to text[Footnote5:“In the United States, the number of members competent to demand that a question be taken by yeas and nays, is decided for Congress and for State legislatures by constitutional provision.In the Constitution of the United States, the number is one fifth; some of the State constitutions give this power to one fifth, some to three members; some to two, and some to one.”—Ed.]Return to text
[Footnote2:[“The termquorum(literally,of whom) is one of the words used in England in the Latin form of the commission to justices of the peace. The part of the document wherein the word occurs reads thus: ‘We have assigned you, and every two or more of you,quorum aliquem vestrum, A, B, C, D, etc.,unum esse volumus.—i.e.of whomwe will that any of you A, B or C, etc., shall be one.’ This made it necessary that certain individuals, who, in the language of the commission, were said to be of thequorum, should be present during the transaction of business.”—Blackstone’s Commentaries, I. 352.]]Return to text
[Footnote3:“Some legislative bodies have by law given a smaller number than a quorum the power to compel the attendance of absent members.”—Ed.]Return to text
[Footnote4:“A motion to suspend the rules is not debatable.”—Ed.]Return to text
[Footnote5:“In the United States, the number of members competent to demand that a question be taken by yeas and nays, is decided for Congress and for State legislatures by constitutional provision.
In the Constitution of the United States, the number is one fifth; some of the State constitutions give this power to one fifth, some to three members; some to two, and some to one.”—Ed.]Return to text