CHAPTER XIII.

OF THE QUESTION.

233. When any proposition is made to a deliberative assembly, it is

called a _motion_; when it is stated or propounded to the assembly,

for their acceptance or rejection, it is denominated a _question_;

and, when adopted, it becomes the _order_, _resolution_, or _vote_, of

the assembly.

234. All the proceedings, which have thus far been considered, have

only had for their object to bring a proposition into a form to be put

to the question; that is, to be adopted as the sense, will, or

judgment, of the assembly, or to be rejected; according as such

proposition may be found to unite in its favor, or to fail of uniting

a majority of the members.

235. When any proposition, whether principal, subsidiary, or

incidental, or of whatever nature it may be, is made, seconded, and

stated, if no alteration is proposed,—or if it admits of none, or if

it is amended,—and the debate upon it, if any, appears to be brought

to a close, the presiding officer then inquires, whether the assembly

is ready for the question? and, if no person rises, the question is

then stated, and the votes of the assembly taken upon it.

236. The question is not always stated to the assembly, in the precise

form in which it arises or is introduced; thus, for example, when a

member presents a petition, or the chairman of a committee offers a

report, the question which arises, if no motion is made, is, _Shall

the petition or the report be received?_ and, so, when the previous

question is moved, it is stated in this form, _Shall the main question

be now put?_—the question being stated, in all cases, in the form in

which it will appear on the journal, if it passes in the affirmative.

237. In matters of trifling importance, or which are generally of

course, such as receiving petitions and reports, withdrawing motions,

reading papers, etc., the presiding officer most commonly supposes or

takes for granted the consent of the assembly, where no objection is

expressed, and does not go through the formality of taking the

question by a vote. But if, after a vote has been taken in this

informal way and declared, any member rises to object, the presiding

officer should consider every thing that has passed as nothing, and,

at once, go back and pursue the regular course of proceeding. Thus, if

a petition is received, without a question, and the clerk is

proceeding to read it, in the usual order of business, if any one

rises to object, it will be the safest and most proper course, for the

presiding officer to require a motion for receiving it to be regularly

made and seconded.

238. The question being stated by the presiding officer, he first puts

it in the affirmative, namely: _As many as are of opinion

that_—repeating the words of the question,—_say aye_; and,

immediately, all the members who are of that opinion answer _aye_; the

presiding officer then puts the question negatively: _As many as are

of a different opinion say no_; and, thereupon, all the members who

are of that opinion answer _no_. The presiding officer judges by his

ear which side has “the more voices,” and decides accordingly, that

_the ayes have it_, or _the noes have it_, as the case may be. If the

presiding officer is doubtful as to the majority of voices, he may put

the question a second time, and if he is still unable to decide, or,

if, having decided according to his judgment, any member rises and

declares that he believes the _ayes_ or the _noes_ (whichever it may

be) _have it_, contrary to the declaration of the presiding

officer,[34] then the presiding officer directs the assembly to

divide, in order that the members on the one side and the other may be

counted.

239. If, however, any new motion should be made, after the presiding

officer’s declaration, or, if a member, who was not in the

assembly-room when the question was taken, should come in, it will

then be too late to contradict the presiding officer, and have the

assembly divided.

240. The above is the parliamentary form of taking a question, and is

in general use in this country; but, in some of our legislative

assemblies, and especially in those of the New England states, the

suffrages are given by the members holding up their right hands, first

those in the affirmative, and then those in the negative, of the

question. If the presiding officer cannot determine, by the show of

hands, which side has the majority, he may call upon the members to

vote again, and if he is still in doubt, or if his declaration is

questioned, a division takes place. When the question is taken in this

manner, the presiding officer directs the members, first on the

affirmative side, and then on the negative, to manifest their opinion

by holding up the right hand.

241. When a division of the assembly takes place, the presiding

officer sometimes directs the members to range themselves on different

sides of the assembly-room, and either counts them himself, or they

are counted by tellers appointed by him for the purpose, or by

monitors permanently appointed for that and other purposes; or the

members rise in their seats, first on the affirmative and then on the

negative, and (standing uncovered) are counted in the same manner.

When the members are counted by the presiding officer, he announces

the numbers and declares the result. When they are counted by tellers

or monitors, the tellers must first agree among themselves, and then

the one who has told for the majority reports the numbers to the

presiding officer, who, thereupon, declares the result.

242. The best mode of dividing an assembly, that is at all numerous,

is for the presiding officer to appoint tellers for each division or

section of the assembly-room, and then to require the members, first

those in the affirmative, and then those in the negative, to rise,

stand uncovered, and be counted; this being done, on each side, the

tellers of the several divisions make their returns, and the presiding

officer declares the result.

243. If the members are equally divided, the presiding officer may, if

he pleases, give the casting vote; or, if he chooses, he may refrain

from voting, in which case, the motion does not prevail, and the

decision is in the negative.

244. It is a general rule, that every member, who is in the

assembly-room at the time when the question is stated, has not only

the right but is bound to vote; and, on the other hand, that no member

can vote, who was not in the room at that time.

245. The only other form of taking the question, which requires to be

described, is one in general use in this country, by means of which

the names of the members voting on the one side and on the other are

ascertained and entered in the journal of the assembly. This mode,

which is peculiar to the legislative bodies of the United States, is

called taking the questions by yeas and nays. In order to take a

question in this manner, it is stated on both sides at once, namely:

_As many as are or opinion, that, etc., will when their names are

called, answer yes_; and _As many as are of a different opinion will,

when their names are called, answer no_; the roll of the assembly is

then called over by the clerk, and each member, as his name is called,

rises in his place, and answers _yes_ or _no_, and the clerk notes the

answer as the roll is called. When the roll has been gone through the

clerk reads over first the names of those who have answered in the

affirmative and then the names of those who have answered in the

negative, in order that if he has made any mistake in noting the

answer, or if any member has made a mistake in his answer, the mistake

of either may be corrected. The names having been thus read over, and

the mistakes, if any, corrected, the clerk counts the numbers on each

side, and reports them to the presiding officer, who declares the

result to the assembly.

246. The following is the mode practised in the house of

representatives of Massachusetts, (which is by far the most numerous

of all the legislative bodies in this country,) of taking a question

by yeas and nays. The names of the members being printed on a sheet,

the clerk calls them in their order; and as each one answers, the

clerk (responding to the member, at the same time) places a figure in

pencil, expressing the number of the answer, at the left or right of

the name, according as the answer is yes or no; so that the last

figure or number, on each side, shows the number of the answers on

that side; and the two last numbers or figures represent the

respective numbers of the affirmatives and negatives on the division.

Thus, at the left hand of the name of the member who first answers

_yes_, the clerk places a figure 1; at the right hand of the first

member who answers _no_, he also places a figure 1; the second member

that answers _yes_ is marked 2; and so on to the end of the list; the

side of the name, on which the figure is placed, denoting whether the

answer is _yes_ or _no_, and the figure denoting the number of the

answer on that side. The affirmatives and negatives are then read

separately, if necessary, though this is usually omitted, and the

clerk is then prepared, by means of the last figure on each side, to

give the numbers to the speaker to be announced to the house. The

names and answers are afterwards recorded on the journal.

247. In any of the modes of taking a question, in which it is first

put on one side, and then on the other, it is no full question, until

the negative as well as the affirmative has been put. Consequently,

until the negative has been put, it is in order for any member, in the

same manner as if the division had not commenced, to rise and speak,

make motions for amendment, or otherwise, and thus renew the debate;

and this, whether such member was in the assembly-room or not, when

the question was put and partly taken. In such a case, the question

must be put over again on the affirmative as well as the negative

side; for the reason, that members who were not in the assembly-room,

when the question was first put, may have since come in, and also that

some of those who voted, may have since changed their minds. When a

question is taken by yeas and nays, and the negative as well as the

affirmative of the question is stated, and the voting on each side

begins and proceeds at the same time, the question cannot be opened

and the debate renewed, after the voting has commenced.

248. If any question arises, in a point of order, as, for example, as

to the right or the duty of a member to vote, during a division, the

presiding officer must decide it peremptorily, subject to the revision

and correction of the assembly, after the division is over. In a case

of this kind, there can be no debate, though the presiding officer may

if he pleases receive the assistance of members with their advice,

which they are to give sitting, in order to avoid even the appearance

of a debate; but this can only be with the leave of the presiding

officer, as otherwise the division might be prolonged to an

inconvenient length; nor can any question be taken, for otherwise

there might be division upon division without end.

249. When, from counting the assembly on a division, it appears that

there is not a quorum present, there is no decision; but the matter in

question continues in the same state, in which it was before the

division; and, when afterwards resumed, whether on the same or on some

future day, it must be taken up at that precise point.

34. The most common expression is: “I doubt the vote,” or, “that vote

is doubted.”

Manual of Parliamentary Practice Rules of Proceeding and Debate in Deliberative Assemblies · 第 13 / 16 章