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 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.

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 to

_name_ the member offending; that is, he declares to the assembly,

that such a member, calling him by name, is guilty of certain

irregular or improper conduct. The member, who is thus charged with an

offence against the assembly, is entitled to be heard in his place in

exculpation, and is then to 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 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.

Manual of Parliamentary Practice Rules of Proceeding and Debate in Deliberative Assemblies · 第 3 / 16 章