CHAPTER IX.

OF MOTIONS TO AMEND.

78. The last case, for the introduction of subsidiary motions, is when

the assembly is satisfied with the subject-matter of a proposition,

but not with the form of it, or with all its different parts, or

desires to make some addition to it. The course of proceeding then is,

to bring the proposition into the proper form, and make its details

satisfactory, by means of amendments, or of certain proceedings of a

similar character, and having the same general purpose in view. The

latter will be first considered.

Sect. I. Division of a Question.

79. When a proposition or motion is complicated, that is, composed of

two or more parts, which are so far independent of each other, as to

be susceptible of division into several questions, and it is supposed

that the assembly may approve of some but not of all these parts, it

is a compendious mode of amendment to divide the motion into separate

questions, to be separately voted upon and decided by the assembly.

This division may take place by the order of the assembly, on a motion

regularly made and seconded for the purpose.

80. When a motion is thus divided, it becomes a series of questions,

to be considered and treated each by itself, as an independent

proposition, in the order in which they stand; and when they have all

been gone through with and decided, the result will be the same, as if

motions to amend by striking out the several parts had been made and

put to the question. When a motion for a division is made, the mover

ought to specify in his motion the manner in which he proposes to make

the division; and this motion, like every other of the nature of an

amendment, is itself susceptible of amendment.

81. It is sometimes asserted, that it is the right of every individual

member to have a complicated question (provided it is susceptible of

division) divided into its several parts, and a question put

separately on each, on his mere demand, and without any motion or any

vote of the assembly for that purpose. But this is a mistake; there is

no such rule of parliamentary proceeding; a complicated question can

only be separated by moving amendments to it in the usual manner, or

by moving for a division of it in the manner above stated.

82. It is not unusual, however, for a deliberative assembly to have a

rule providing for the division of a complicated question (provided it

is susceptible of division) into its several parts, upon the demand of

a member. When this is the case, it is for the presiding officer

(subject of course to the revision of the assembly) to decide, when

the division of a motion is demanded, first, whether the proposition

is susceptible of division, and, secondly, into how many and what

parts it may be divided.

83. A proposition, in order to be divisible, must comprehend points so

distinct and entire, that, if one or more of them be taken away, the

others may stand entire and by themselves; but a qualifying paragraph,

as, for example, an exception or a proviso, if separated from the

general assertion or statement to which it belongs, does not contain

an entire point or proposition.

Sect. II. Filling Blanks.

84. It often happens, that a proposition is introduced with blanks

purposely left by the mover to be filled by the assembly, either with

times and numbers, or with provisions analogous to those of the

proposition itself. In the latter case, blanks are filled in the same

way, that other amendments by the insertion of words are made. In the

former, propositions to fill blanks are not considered as amendments

to the question, but as original motions, to be made and decided

before the principal question.

85. When a blank is left to be filled with a time or number, motions

may be made for that purpose, and the question taken on each by

itself, and before another is made; or several motions may be made and

pending before any of them are put to the question. This last mode of

proceeding, which is the most usual as well as convenient, requires

that the several propositions should be arranged, and the question

taken on them, in such order as will the soonest and with the most

certainty enable the assembly to come to an agreement.

86. In determining upon the order to be adopted, the object is not to

begin at that extreme, which and more being within every man’s wish,

no one can vote against it, and, yet, if it should be carried in the

affirmative, every question for more would be precluded; but, at that

extreme, which will be likely to unite the fewest, and then to advance

or recede, until a number or time is reached, which will unite a

majority.

87. Hence, when several different propositions are made for filling

blanks with a time or number, the rule is, that if the _larger_

comprehends the _lesser_, as in a question to what day a postponement

shall take place,—the number of which a committee shall consist,—the

amount of a fine to be imposed,—the term of an imprisonment,—the term

of irredeemability of a loan,—or the _terminus in quem_ in any other

case, the question must begin _a maximo_, and be first taken upon the

greatest or farthest, and so on to the least or nearest, until the

assembly comes to a vote: But, if the _lesser_ includes the _greater_,

as in questions on the limitation of the rate of interest,—on the

amount of a tax,—on what day the session of a legislative assembly

shall be closed, by adjournment,—on what day the next session shall

commence,—or the _terminus a quo_ in any other case, the question must

begin _a minimo_, and be first taken on the least or nearest, and so

on to the greatest or most remote, until the assembly comes to a

vote.[13]

Sect. III. Addition,—Separation, Transposition.

88. When the matters contained in two separate propositions might be

better put into one, the mode of proceeding is to reject one of them,

and then to incorporate the substance of it with the other by way of

amendment. A better mode, however, if the business of the assembly

will admit of its being adopted, is to refer both propositions to a

committee, with instructions to incorporate them together in one.

89. So, on the other hand, if the matter of one proposition would be

more properly distributed into two, any part of it may be struck out

by way of amendment, and put into the form of a new and distinct

proposition. But in this, as in the former case, a better mode would

generally be to refer the subject to a committee.

90. In like manner, if a paragraph or section requires to be

transposed, a question must be put on striking it out where it stands,

and another for inserting it in the place desired.

91. The numbers prefixed to the several sections, paragraphs, or

resolutions, which constitute a proposition, are merely marginal

indications, and no part of the text of the proposition itself; and,

if necessary, they may be altered or regulated by the clerk, without

any vote or order of the assembly.

Sect. IV. Modification or Amendment by the Mover.

92. The mover of a proposition is sometimes allowed to modify it,

after it has been stated as a question by the presiding officer; but,

as this is equivalent to a withdrawal of the motion, in order to

substitute another in its place; and, since, as has already been seen,

a motion regularly made, seconded, and proposed, cannot be withdrawn

without leave; it is clear, that the practice alluded to rests only

upon general consent; and, that, if objected to, the mover of a

proposition must obtain the permission of the assembly, by a motion

and question, for the purpose, in order to enable him to modify his

proposition.

93. So, too, when an amendment has been regularly moved and seconded,

it is sometimes the practice for the mover of the proposition to which

it relates to signify his consent to it, and for the amendment to be

thereupon made, without any question being taken upon it by the

assembly. As this proceeding, however, is essentially the same with

that described in the preceding paragraph, it, of course, rests upon

the same foundation, and is subject to the same rule.

Sect. V. General Rules relating to Amendments.

94. All amendments, of which a proposition is susceptible, so far as

form is concerned, may be effected in one of three ways, namely,

either by inserting or adding certain words; or by striking out

certain words; or by striking out certain words, and inserting or

adding others. These several forms of amendment are subject to certain

general rules, which, being equally applicable to them all, require to

be stated beforehand.

95. _First Rule._ When a proposition consists of several sections,

paragraphs, or resolutions, the natural order of considering and

amending it is to begin at the beginning, and to proceed through it in

course by paragraphs; and when a latter part has been amended, it is

not in order to recur back, and make any alteration or amendment of a

former part.

96. _Second Rule._ Every amendment, which can be proposed, whether by

striking out, or inserting, or striking out and inserting, is itself

susceptible of amendment; but, there can be no amendment of an

amendment to an amendment: this would be such a piling of questions

one upon another, as would lead to great embarrassment; and as the

line must be drawn somewhere, it has been fixed by usage after the

amendment to the amendment. The object, which is proposed to be

effected by such a proceeding, must be sought by rejecting the

amendment to the amendment, in the form in which it is proposed, and

then moving it again in the form in which it is wished to be amended,

in which it is only an amendment to an amendment; and in order to

accomplish this, he who desires to amend an amendment should give

notice, that, if rejected, in the form in which it is presented, he

shall move it again in the form in which he desires to have it

adopted.

97. Thus, if a proposition consists of A B, and it is proposed to

amend by inserting C D, it may be moved to amend the amendment by

inserting E F; but it cannot be moved to amend this amendment, as, for

example, by inserting G. The only mode, by which this can be reached,

is to reject the amendment in the form in which it is presented,

namely, to insert E F, and to move it in the form in which it is

desired to be amended, namely, to insert E G F.

98. _Third Rule._ Whatever is agreed to by the assembly, on a vote,

either adopting or rejecting a proposed amendment, cannot be

afterwards altered or amended.

99. Thus, if a proposition consists of A B, and it is moved to insert

C; if the amendment prevail, C cannot be afterwards amended, because

it has been agreed to in that form; and, so, if it is moved to strike

out B, and the amendment is rejected, B cannot afterwards be amended,

because a vote against striking it out is equivalent to a vote

agreeing to it as it stands.

100. _Fourth Rule._ Whatever is disagreed to by the assembly, on a

vote, cannot be afterwards moved again. This rule is the converse of

the preceding, and may be illustrated in the same manner.

101. Thus, if it is moved to amend A B by inserting C, and the

amendment is rejected, C cannot be moved again; or, if it is moved to

amend A B by striking out B, and the amendment prevails, B cannot be

restored; because, in the first case, C, and, in the other, B, have

been disagreed to by a vote.

102. _Fifth Rule._ The inconsistency or incompatibility of a proposed

amendment with one which has already been adopted, is a fit ground for

its rejection by the assembly, but not for the suppression of it by

the presiding officer, as against order; for, if questions of this

nature were allowed to be brought within the jurisdiction of the

presiding officer, as matters of order, he might usurp a negative on

important modifications, and suppress or embarrass instead of

subserving the will of the assembly.

Sect. VI. Amendments by striking out.

103. If an amendment is proposed by striking out a particular

paragraph or certain words, and the amendment is rejected, it cannot

be again moved to strike out the same words or a part of them; but it

may be moved to strike out the same words with others, or to strike

out a part of the same words with others, provided the coherence to be

struck out be so substantial, as to make these, in fact, different

propositions from the former.

104. Thus, if a proposition consist of A B C D, and it is moved to

strike out B C; if this amendment is rejected, it cannot be moved

again; but it may be moved to strike out A B, or A B C, or B C D or

C D.

105. If an amendment by striking out is agreed to, it cannot be

afterwards moved to insert the same words struck out or a part of

them; but it may be moved to insert the same words with others, or a

part of the same words with others, provided the coherence to be

inserted make these propositions substantially different from the

first.

106. Thus, if the proposition A B C D is amended by striking out B C,

it cannot be moved to insert B C again; but it may be moved to insert

B C with other words, or B with others or C with others.

107. When it is proposed to amend by striking out a particular

paragraph, it may be moved to amend this amendment, in three different

ways, namely, either by striking out a part only of the paragraph, or

by inserting or adding words, or by striking out and inserting.

108. Thus, if it is moved to amend the proposition A B C D, by

striking out B C, it may be moved to amend this amendment by striking

out B only or C only, or by inserting E, or by striking out B or C,

and inserting E.

109. In the case of a proposed amendment by striking out, the effect

of voting upon it, whether it be decided in the affirmative or

negative according to the third and fourth rules above mentioned,

renders it necessary for those who desire to retain the paragraph to

amend it, if any amendment is necessary, before the vote is taken on

striking out; as, if struck out, it cannot be restored, and, if

retained, it cannot be amended.

110. As an amendment must necessarily be put to the question before

the principal motion; so the question must be put on an amendment to

an amendment before it is put on the amendment; but, as this is the

extreme limit to which motions may be put upon one another, there can

be no precedence of one over another among amendments to amendments;

and, consequently, they can only be moved, one at a time, or, at all

events, must be put to the question in the order in which they are

moved.

111. When a motion for striking out words is put to the question, the

parliamentary form always is, whether the words shall _stand as part_

of the principal motion, and not whether they _shall be struck out_.

The reason for this form of stating the question probably is, that the

question may be taken in the same manner on a part as on the whole of

the principal motion; which would not be the case, if the question was

stated on striking out; inasmuch as the question on the principal

motion, when it comes to be stated, will be on agreeing to it, and not

on striking out or rejecting it. Besides, as an equal division of the

assembly would produce a different decision of the question, according

to the manner of stating it, it might happen, if the question on the

amendment was stated on striking out, that the same question would be

decided both affirmatively and negatively by the same vote.[14]

112. On a motion to amend by striking out certain words, the manner of

stating the question is, first to read the passage proposed to be

amended, as it stands; then the words proposed to be struck out; and,

lastly, the whole passage as it will stand if the amendment is

adopted.

Sect. VII. Amendments by inserting.

113. If an amendment is proposed by inserting or adding a paragraph or

words, and the amendment is rejected, it cannot be moved again to

insert the same words or a part of them; but it may be moved to insert

the same words with others, or a part of the same words with others,

provided the coherence really make them different propositions.

114. Thus, if it is moved to amend the proposition A B by inserting

C D, and the amendment is rejected, C D cannot be again moved; but it

may be moved to insert C E, or D E, or C D E.

115. If it is proposed to amend by inserting a paragraph, and the

amendment prevails, it cannot be afterwards moved to strike out the

same words or a part of them; but it may be moved to strike out the

same words with others,[15] or a part of the same words with others,

provided the coherence be such as to make these propositions really

different from the first.

116. Thus, if in the example above supposed the amendment prevails,

and C D is inserted it cannot be afterwards moved to strike out C D,

but it may be moved to strike out A C or A C D, or D B, or C D B.

117. When it is proposed to amend by inserting a paragraph, this

amendment may be amended in three different ways, namely, either by

striking out a part of the paragraph; or by inserting something into

it; or by striking out and inserting.

118. Thus, if it is proposed to amend A B by inserting C D, this

amendment may be amended either by striking out C or D, or inserting

E, or by striking out C or D and inserting E.

119. When it is proposed to amend by inserting a paragraph, those who

are in favor of the amendment should amend it, if necessary, before

the question is taken; because if it is rejected, it cannot be moved

again, and, if received, it cannot be amended.

120. There is no precedence of one over another in amendments to

amendments by inserting, any more than in amendments to amendments by

striking out.

121. On a motion to amend by inserting a paragraph, the manner of

stating the question is, first, to read the passage to be amended, as

it stands; then the words proposed to be inserted; and lastly, the

whole passage as it will stand if the amendment prevails.

Sect. VIII. Amendments by striking out and inserting.

122. The third form of amending a proposition, namely, by striking out

certain words and inserting others in their place, is, in fact, a

combination of the other two forms; and may accordingly be divided

into those two forms, either by a vote of the assembly, or on the

demand of a member, under a special rule to that effect.[16]

123. If the motion is divided, the question is first to be taken on

striking out; and if that is decided in the affirmative, then, on

inserting; but if the former is decided in the negative, the latter

falls, of course. On a division, the proceedings are the same, in

reference to each branch of the question, beginning with the striking

out, as if each branch had been moved by itself.

124. If the motion to strike out and insert is put to the question

undivided, and is decided in the negative, the same motion cannot be

made again; but, it may be moved to strike out the same words, and,

1, insert nothing; 2, insert other words; 3, insert the same words

with others; 4, insert a part of the same words with others; 5, strike

out the same words with others, and insert the same; 6, strike out a

part of the same words with others, and insert the same; 7, strike out

other words and insert the same; and, 8, insert the same words,

without striking out anything.

125. If the motion to strike out and insert is decided in the

affirmative, it cannot be then moved to insert the words struck out or

a part of them, or to strike out the words inserted, or a part of

them; but, it may be moved, 1, to insert the same words with others;

2, to insert a part of the same words with others; 3, to strike out

the same words with others; or, 4, to strike out a part of the same

words with others.

126. When it is proposed to amend by striking out and inserting, this

amendment may be amended in three different ways in the paragraph

proposed to be struck out, and also in the paragraph proposed to be

inserted, namely, by, striking out, or inserting, or striking out and

inserting. And those who are in favor of either paragraph must amend

it, before the question is taken, for the reasons already stated,

namely, that, if decided in the affirmative, the part struck out

cannot be restored, nor can the part inserted be amended; and, if

decided in the negative, the part proposed to be struck out cannot be

amended, nor can the paragraph proposed to be inserted be moved again.

127. On a motion to amend, by striking out certain words and inserting

others, the manner of stating the question is first to read the whole

passage to be amended, as it stands; then the words proposed to be

struck out; next those to be inserted; and, lastly, the whole passage

as it will stand when amended.

Sect. IX. Amendments changing the Nature of a Question.

128. The term amendment is in strictness applicable only to those

changes of a proposition, by which it is improved, that is, rendered

more effectual for the purpose which it has in view, or made to

express more clearly and definitely the sense which it is intended to

express. Hence it seems proper, that those only should undertake to

amend a proposition, who are friendly to it; but this is by no means the

rule; when a proposition is regularly moved and seconded, it is in the

possession of the assembly, and cannot be withdrawn but by its leave;

it has then become the basis of the future proceedings of the

assembly, and may be put into any shape, and turned to any purpose,

that the assembly may think proper.

129. It is consequently allowable to amend a proposition in such a

manner as entirely to alter its nature, and to make it bear a sense

different from what it was originally intended to bear; so that the

friends of it, as it was first introduced, may themselves be forced to

vote against it, in its amended form.

130. This mode of proceeding is sometimes adopted for the purpose of

defeating a proposition, by compelling its original friends to unite

with those who are opposed to it, in voting for its rejection. Thus,

in the British Houses of Commons, Jan. 29, 1765, a resolution being

moved, “That a general warrant for apprehending the authors, printers,

or publishers of a libel, together with their papers, is not warranted

by law, and is an high violation of the liberty of the subject:”—it

was moved to amend this motion by prefixing the following paragraph,

namely: “That in the particular case of libels, it is proper and

necessary to fix, by a vote of this house only, what ought to be

deemed the law in respect of general warrants; and, for that purpose,

at the time when the determination of the legality of such warrants,

in the instance of a most seditious and treasonable libel, is actually

depending before the courts of law, for this house to declare”—_that a

general warrant for apprehending the authors, printers, or publishers

of a libel together with their papers, is not warranted by law, and is

an high violation of the liberty of the subject._ The amendment was

adopted, after a long debate, and then the resolution as amended was

immediately rejected without a division.[17]

131. But sometimes the nature of a proposition is changed by means of

amendments, with a view to its adoption in a sense the very opposite

of what it was originally intended to bear. The following is a

striking example of this mode of proceeding. In the house of commons,

April 10, 1744, a resolution was moved, declaring, “That the issuing

and paying to the Duke of Aremberg the sum of forty thousand pounds,

sterling, to put the Austrian troops in motion in the year 1742, was a

dangerous misapplication of public money, and destructive of the

rights of parliament.” The object of this resolution was to censure

the conduct of the ministers; and the friends of the ministry, being

in a majority, might have voted directly, upon the motion and rejected

it. But they preferred to turn it into a resolution approving of the

conduct of ministers on the occasion referred to; and it was

accordingly moved to amend, by leaving out the words “a dangerous

misapplication,” etc., to the end of the motion, and inserting instead

thereof the words, “necessary for putting the said troops in motion,

and of great consequence to the common cause.” The amendment being

adopted, it was resolved (reversing the original proposition) “That

the issuing and paying to the Duke of Aremberg the sum of forty

thousand pounds, to put the Austrian troops in motion, in the year

1742, was necessary for putting the said troops in motion, and of

great consequence to the common cause.”

132. It is a mode of defeating a proposition, somewhat similar to that

above mentioned, to carry out or extend the principle of it, by means

of amendments, so as to show the inconvenience, absurdity, or danger

of its adoption, with such evident clearness, that it becomes

impossible for the assembly to agree to it. Thus, a motion having been

made in the house of commons, “for copies of all the letters written

by the lords of the admiralty to a certain officer in the navy,” it

was moved to amend the motion by adding these words:—“which letters

may contain orders, or be relative to orders, not executed, and still

subsisting.” This amendment being adopted, the motion as amended was

unanimously rejected.

133. It will be seen, from the foregoing examples, that as the mover

of a proposition is under no restriction as to embracing incongruous

matters under the same motion; so, on the other hand, the assembly may

engraft upon a motion, by way of amendment, matter which is not only

incongruous with, but entirely opposed to, the motion as originally

introduced; and, in legislative assemblies, it is not unusual to amend

a bill by striking out all after the enacting clause, and inserting an

entirely new bill; or to amend a resolution by striking out all after

the words “Resolved that,” and inserting a proposition of a wholly

different tenor.

13. The above is the rule as laid down by Mr. Jefferson (§ 33), and

holds where it is not superseded by a special rule, which is

generally the case in our legislative assemblies; as, for example,

in the senate of the United States, the rule is, that in filling

blanks, the LARGEST sum and LONGEST time shall be first put. In

the house of commons, in England, the rule established by usage

is, that the SMALLEST sum and the LONGEST time shall be first put.

14. The common, if not the only, mode of stating the question, in the

legislative assemblies of this country, is on “striking out.”

15. This is the common case of striking out a paragraph, after it has

been amended by inserting words.

16. Mr. Jefferson (§ xxxv.) says, “the question, if desired, is then

to be divided,” etc.; but, as he makes no exception of a motion to

strike out and insert, when treating of the subject of division,

and does not here state it as an exception, he undoubtedly

supposes the division in this case to be made in the regular and

usual manner.

17. This mode of defeating a measure, however, is not always

successful. In 1780, Mr. Dunning having made a motion, in the

house of commons “that, in the opinion of this house, the

influence of the crown has increased, is increasing, and ought to

be diminished,” Dundas, lord-advocate of Scotland, in order to

defeat the motion, proposed to amend, by inserting, after the

words, IN THE OPINION OF THIS HOUSE, the words IT IS NOW NECESSARY

TO DECLARE THAT, ETC. But this amendment, instead of intimidating

the friends of the original motion was at once adopted by them,

and the resolution passed as amended.

Manual of Parliamentary Practice Rules of Proceeding and Debate in Deliberative Assemblies · 第 9 / 16 章