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.