OF THE ORDER OF PROCEEDING.
188. When several subjects are before the assembly; that is, on the
table for consideration (for there can be but a single subject _under_
consideration at the same time), and no priority has been given to any
one over another, the presiding officer is not precisely bound to any
order, as to what matters shall be first taken up; but is left to his
own discretion, unless the assembly on a question decide to take up a
particular subject.
189. A settled order of business, however, where the proceedings of an
assembly are likely to last a considerable time, and the matters
before it are somewhat numerous, is useful if not necessary for the
government of the presiding officer, and to restrain individual
members from calling up favorite measures, or matters under their
special charge, out of their just time. It is also desirable, for
directing the discretion of the assembly, when a motion is made to
take up a particular matter to the prejudice of others, which are of
right entitled to be first attended to, in the general order of
business.
190. The order of business may be established in virtue of some
general rule, or by special orders relating to each particular
subject, and must, of course, necessarily depend upon the nature and
amount of the matters before the assembly.
191. The natural order, in considering and amending any paper, which
consists of several distinct propositions, is, to begin at the
beginning, and proceed through it by paragraphs; and this order of
proceeding, if strictly adhered to, as it should always be in numerous
assemblies, would prevent any amendment in a former part, from being
admissible, after a latter part had been amended; but this rule does
not seem to be so essential to be observed in smaller bodies, in which
it may often be advantageous to allow of going from one part of a
paper to another, for the purpose of amendments.
192. To this natural order of beginning at the beginning, there is one
exception according to parliamentary usage, where a resolution or
series of resolutions, or other paper, has a preamble or title, in
which case, the preamble or title is postponed, until the residue of
the paper is gone through with.
193. In considering a proposition consisting of several paragraphs,
the course is, for the whole paper to be read entirely through, in the
first place by the clerk; then a second time, by the presiding
officer, by paragraphs; pausing at the end of each, and putting
questions for amending, if amendments are proposed; and, when the
whole paper has been gone through with, in this manner, the presiding
officer puts the final question on agreeing to or adopting the whole
paper, as amended or unamended.
194. When a paper which has been referred to a committee, and reported
back to the assembly, is taken up for consideration, the amendments
only are first read, in course, by the clerk. The presiding officer
then reads the first, and puts it to the question, and so on until the
whole are adopted or rejected, before any other amendment is admitted,
with the exception of an amendment to an amendment. When the
amendments reported by the committee have been thus disposed of, the
presiding officer pauses, and gives time for amendments to be proposed
in the assembly to the body of the paper (which he also does, if the
paper has been reported without amendments, putting no questions but
on amendments proposed); and when through the whole, he puts the
question on agreeing to or adopting the paper, as the resolution,
order, etc., of the assembly.
195. The final question is sometimes stated merely on the acceptance
of the report, but a better form is on agreeing with the committee in
the resolution, order, or whatever else the conclusion of the report
may be, as amended, or without amendment, and the resolution or order
is then to be entered in the journal as the resolution, etc., of the
assembly, and not as the report of the committee accepted.
196. When the paper referred to a committee is reported back, as
amended, in a new draft (which may be and often is done, where the
amendments are numerous and comparatively unimportant), the new draft
is to be considered, as an amendment, and is to be first amended, if
necessary, and then put to the question as an amendment reported by
the committee; or, the course may be, first to accept the new draft,
as a substitute for the original paper, and then to treat it as such.
197. It often happens, that, besides a principal question, there are
several others connected with it, pending at the same time, which are
to be taken in their order; as, for example, suppose, _first_, a
principal motion; _second_, a motion to amend; _third_, a motion to
commit; _fourth_, the preceding motions being pending, a question of
order arises in the debate, which gives occasion, _fifth_, to a
question of privilege, and this leads, _sixth_, to a subsidiary
motion, as, to lie on the table. The regular course of proceeding
requires the motion to lie on the table to be first put; if this is
negatived, the question of privilege is then settled; after that comes
the question of order; then the question of commitment; if that is
negatived, the question of amendment is taken; and, lastly, the main
question. This example will sufficiently illustrate the manner in
which questions may grow out of one another, and in what order they
are to be decided.[24]
198. When a motion is made and seconded, it is the duty of the
presiding officer to propose it to the assembly; until this is done,
it is not a question before the assembly, to be acted upon or
considered in any manner; and consequently it is not then in order for
any member to rise either to debate it, or to make any motion in
relation to it whatever.
199. It is therefore a most unparliamentary and abusive proceeding to
allow a principal motion and a subsidiary one relating to it to be
proposed and stated together, and to be put to the question in their
order; as is done, when a member moves a principal question, a
resolution, for example, and, at the same time, the previous question,
or that the resolution lie on the table. In such a case, the presiding
officer should take no notice whatever of the subsidiary motion, but
should propose the principal one by itself in the usual manner, before
allowing any other to be made. Other members, then, would not be
deprived of their rights of debate, etc., in relation to the subject
moved.
200. When a member has obtained the floor, he cannot be cut off from
addressing the assembly, on the question before it; nor, when
speaking, can he be interrupted in his speech, by any other member
rising and moving an adjournment, or for the orders of the day, or by
making any other privileged motion of the same kind; it being a
general rule, that a member in possession of the floor, or proceeding
with his speech, cannot be taken down or interrupted, but by a call to
order; and the question of order being decided, he is still to be
heard through. A call for an adjournment, or for the orders of the
day, or for the question, by gentlemen in their seats, is not a
motion; as no motion can be made, without rising and addressing the
chair, and being called to by the presiding officer. Such calls for
the question are themselves breaches of order, which, though the
member who has risen may respect them, as an expression of the
impatience of the assembly at further debate, do not prevent him from
going on if he pleases.
24. The order of motions, for the disposal of any question, is usually
fixed by a special rule, in legislative assemblies. See note to
paragraph 61.