ORDER IN DEBATE.
When the Speaker is seated in his chair, every member is to sit in his
place.--_Scob._ 6; _Grey_, 403.
When any member means to speak, he is to stand up in his place, uncovered,
and to address himself, not to the House, or any particular member, but
to the Speaker, who calls him by his name, that the House may take notice
who it is that speaks.--_Scob._ 6; _D'Ewes_, 487, _col._ 1; 2 _Hats._
77; 4 _Grey_, 66; 8 _Grey_, 108. But members who are indisposed may be
indulged to speak sitting.--3 _Hats._ 75, 77; 1 _Grey_, 195.
$In Senate, every member, when he speaks, shall address the chair,
standing in his place; and when he has finished, shall sit down.--_Rule_
3.$
When a member stands up to speak, no question is to be put; but he is
to be heard, unless the House overrule him.--4 _Grey_, 390; 5 _Grey_,
6, 143.
If two or more rise to speak nearly together, the Speaker determines
who was first up, and calls him by name; whereupon he proceeds, unless
he voluntarily sits down, and gives way to the other. But sometimes the
House does not acquiesce in the Speaker's decision; in which case, the
question is put, "which member was first up?"--2 _Hats._ 76; _Scob._ 7;
_D'Ewes_, 434, _col._ 1, 2.
$In the Senate of the United States, the President's decision is without
appeal. Their rule is in these words:--_When two members rise at the
same time, the President shall name the person to speak; but in all
cases_, the member who shall first rise and address the chair, shall
speak first.--_Rule_ 5.$
No man can speak more than once to the same bill, on the same day; or
even on another day, if the debate be adjourned. But if it be read more
than once, in the same day, he may speak once at every reading.--_Co._
12, 116; _Hakew._ 148; _Scob._ 58; 2 _Hats._ 75. Even a change of opinion
does not give a right to be heard a second time.--_Smyth. Comw. L._
2. _c._ 3; _Arcan. Parl._ 17.
$The corresponding rule of the Senate is in these words:--No member
shall speak more than twice in any one debate on the same day, without
leave of the Senate.--_Rule_ 4.$
But he may be permitted to speak again to clear a matter of fact.--3
_Grey_, 357, 416. Or merely to explain himself, 3 _Hats._ 73, in some
material part of his speech, _ib._ 75; or to the manner or words of
the question, keeping himself to that only, and not travelling into the
merits of it, _Memorials in Hakew._ 29; or to the orders of the House,
if they be transgressed, keeping within that line, and falling into the
matter itself.--_Mem. Hakew._ 30, 31.
But if the Speaker rises to speak, the member standing up ought to sit
down, that he may be first heard. _Town. col._ 205; _Hale. Parl._ 133;
_Mem. in Hakew._ 30, 31. Nevertheless, though the Speaker may of right
speak to matters of order, and be first heard, he is restrained from
speaking on any other subject, except where the House have occasion for
facts within his knowledge: then he may, with their leave, state the
matter of fact.--3 _Grey_, 38.
No one is to speak impertinently or beside the question, superfluously
or tediously.--_Scob._ 31, 33; 2 _Hats._ 166, 168; _Hale, Parl._ 133.
No person is to use indecent language against the proceedings of the
House, no prior determination of which is to be reflected on by any
member unless he means to conclude with a motion to rescind it.--2 _Hats._
169, 170; _Rushw._ p. 3. v. 1. fol. 42. But while a proposition is under
consideration, is still in fieri, though it has even been reported by a
committee, reflections on it are no reflections on the House.--9 _Grey_,
308.
No person in speaking, is to mention a member then present by his
name; but to describe him by his seat in the House, or who spoke last
or on the other side of the question, &c. _Mem. in Hawk._--3 _Smyth's
Comw., L._ 2. _c._ 3; nor to digress from the matter to fall upon the
person.--_Scob._ 31; _Hale, Parl._ 133; 2 _Hats._ 166, by speaking,
reviling, nipping, or unmannerly words against a particular member.
_Smyth's Comw. L._ 2. _c._ 3. The consequence of a measure may be
reprobated in strong terms; but to arraign the motives of those who
propose or advocate it, is a personality, and against order. Qui
digreditur a materia ad personam, Mr. Speaker ought to suppress.--_Ord.
Com._ 1604, Apr. 19.
$When a member shall be called to order he shall sit down, until the
President shall have determined whether he is in order or not.--_Rule_
16.
No member shall speak to another, or otherwise interrupt the business
of the Senate, or read any printed paper while the Journals or public
papers are reading, or when any member is speaking in any debate.--_Rule_
2.
No one is to disturb another in his speech, by hissing, coughing,
spitting,--6 _Grey_, 332; _Scob._ 8; _D'Ewes_, 332, _col._ 1; nor stand
up to interrupt him,--_Town. col._ 205; _Mem. in Hakew._ 31; nor to
pass between the Speaker and the speaking member; nor to go across the
House,--_Scob._ 6; or to walk up and down it; or to take books or papers
from the table, or write there.--2 _Hats._ 171.
Nevertheless, if a member finds it is not the inclination of the House to
hear him, and that, by conversation or any other noise, they endeavor to
drown his voice, it is the most prudent way to submit to the pleasure of
the House, and sit down; for it scarcely ever happens that they are guilty
of this piece of ill manners without sufficient reason, or inattentive
to a member who says any thing worth their hearing.--2 _Hats._ 77, 78.
If repeated calls do not produce order, the Speaker may call by his name
any member obstinately persisting in irregularity; whereupon the House
may require the member to withdraw. He is then to be heard in exculpation
and to withdraw. Then the Speaker states the offence committed, and the
House considers the degree of punishment they will inflict.--2 _Hats._
169, 7, 8, 172.
For instances of assaults and affrays in the House of Commons, and the
proceedings thereon, see 1 _Pet. Misc._ 82; 3 _Grey_, 128; 4 _Grey_, 328;
5 _Grey_, 38; 26 _Grey_, 204; 10 _Grey_, 8. Whenever warm words or an
assault have passed between the members, the House, for the protection of
their members, requires them to declare in their place not to prosecute
any quarrel,--3 _Grey_, 128, 293; 5 _Grey_, 289; or orders them to attend
the Speaker, who is to accommodate their differences, and to report to
the House,--3 _Grey_, 419; and they are put under restraint, if they
refuse, or until they do.--9 _Grey_, 234, 312.
Disorderly words are not to be noticed till the member has finished
his speech.--5 _Grey_, 356; 6 _Grey_, 60. Then the person objecting to
them, and desiring them to be taken down by the clerk at the table, must
repeat them. The Speaker then may direct the clerk to take them down
in his minutes. But if he thinks them not disorderly, he delays the
direction. If the call becomes pretty general, he orders the clerk to
take them down, as stated by the objecting member. They are then part
of his minutes, and when read to the offending member, he may deny they
were his words, and the House must then decide by a question, whether
they are his words or not. Then the member may justify them, or explain
the sense in which he used them, or apologize. If the House is satisfied,
no further proceeding is necessary. But if two members still insist
to take the sense of the House, the member must withdraw before that
question is stated, and then the sense of the House is to be taken.--2
_Hats._ 199; 4 _Grey_, 170; 6 _Grey_, 59. When any member has spoken,
or other business intervened, after offensive words spoken, they cannot
be taken notice of for censure. And this is for the common security of
all, and to prevent mistakes, which must happen, if words are not taken
down immediately. Formerly, they might be taken down at any time the
same day.--2 _Hats._ 196; _Mem. in Hakew._ 71; 3 _Grey_, 48; 9 _Grey_,
514.
Disorderly words spoken in a committee, must be written down as in
the House; but the committee can only report them to the House for
animadversion.--6 _Grey_, 46.
$The rule of the Senate says,--If a member be called to order for words
spoken, the exceptionable words shall be immediately taken down in
writing, that the President may be better enabled to judge.--_Rule_ 17.$
In Parliament, to speak irreverently or seditiously against the King,
is against order.--_Smyth's Comw. L._ 2, _c._ 3; 2 _Hats._ 170.
It is a breach of order in debate to notice what has been said on the
same subject in the other House, or the particular votes or majorities
on it there; because the opinion of each House should be left to its own
independency, not to be influenced by the proceedings of the other; and
the quoting them might beget reflections leading to a misunderstanding
between the two Houses.--8 _Grey_, 22.
Neither House can exercise any authority over a member or officer of
the other, but should complain to the House of which he is, and leave
the punishment to them. Where the complaint is of words disrespectfully
spoken by a member of another House, it is difficult to obtain punishment,
because of the rules supposed necessary to be observed (as to the
immediate noting down of words) for the security of members. Therefore
it is the duty of the House, and more particularly of the Speaker, to
interfere immediately, and not to permit expressions to go unnoticed,
which may give a ground of complaint to the other House, and introduce
proceedings and mutual accusations between the two Houses, which can
hardly be terminated without difficulty and disorder.--3 _Hats._ 51.
No member may be present when a bill, or any business concerning himself,
is debating; nor is any member to speak to the merits of it till he
withdraws.--2 _Hats._ 219. The rule is, that if a charge against a member
arise out of a report of a committee, or examination of witnesses in
the House, as the member knows from that to what points he is to direct
his exculpation, he may be heard to those points before any question
is moved or stated against them. He is then to be heard, and withdraw
before any question is moved. But if the question itself is the charge,
as for breach of order, or matter arising in debate, there the matter
must be stated, that is, the question must be moved, himself heard, and
then to withdraw.--2 _Hats._ 121, 122.
Where the private interests of a member are concerned in a bill or
question, he is to withdraw. And where such an interest has appeared, his
voice has been disallowed, even after a division. In a case so contrary
not only to the laws of decency, but to the fundamental principles of
the social compact, which denies to any man to be a judge in his own
cause, it is for the honor of the House that this rule of immemorial
observance should be strictly adhered to.--2 _Hats._ 119, 121; 6 _Grey_,
368.
No member is to come into the House with his head covered, nor to remove
from one place to the other with his hat on, nor is to put on his hat
in coming in, or removing, until he be sit down in his place.--_Scob._
6.
A question of order may be adjourned to give time to look into
precedents.--2 _Hats._ 118.
$In the Senate of the United States, every question of order is to be
decided by the President, without debate; but if there be a doubt in
his mind, he may call for the sense of the Senate.--_Rule_ 16.$
In Parliament, all decisions of the Speaker may be controlled by the
House.--3 _Grey_, 319.