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
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 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,[6] 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 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 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 ought to 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, 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[7] which merely
enable the assembly to dispose of the former 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, 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,[8] 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 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.
6. 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.
7. Such as, to adjourn,—lie on the table,—for the previous
question,—for postponement,—commitment, etc.
8. “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.”