CHAPTER XI.

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.

Manual of Parliamentary Practice Rules of Proceeding and Debate in Deliberative Assemblies · 第 11 / 16 章