CHAPTER VI.

OF MOTIONS TO SUPPRESS.

62. When a proposition is moved, which it is supposed may be regarded

by the assembly 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 term

_previous_ has been applied exclusively to a motion denominated the

_previous 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 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.[10] The operation

of a negative decision is different in different assemblies; in some,

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 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.[11]

10. 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.

11. “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.

Manual of Parliamentary Practice Rules of Proceeding and Debate in Deliberative Assemblies · 第 6 / 16 章