PRIVILEGED QUESTIONS.
$While a question is before the Senate, no motion shall be received
unless for an amendment, for the previous question, or for postponing
the main question, or to commit it, or to adjourn.--Rule 8.$
It is no possession of a bill, unless it be delivered to the clerk to
be read, or the Speaker reads the title.--_Lex. Parl._ 274; _Elsynge_,
_Mem._ 85; _Ord. House Commons_, 64.
It is a general rule, that the question first moved and seconded shall
be first put.--_Scob._ 28, 22; 2 _Hats._ 81. But this rule gives way to
what may be called privileged questions; and the privileged questions
are of different grades among themselves.
A motion to adjourn, simply takes place of all others; for otherwise
the House might be kept sitting against its will, and indefinitely. Yet
this motion cannot be received after another question is actually put,
and while the House is engaged in voting.
Orders of the day take place of all other questions, except for
adjournment. That is to say, the question which is the subject of an
order, is made a privileged one, _pro hac vice_. The order is a repeal
of the general rule as to this special case. When any member moves,
therefore, for the orders of the day to be read, no further debate
is permitted on the question which was before the House; for if the
debate might proceed, it might continue through the day, and defeat the
order. This motion, to entitle it to precedence, must be for the orders
generally, and not for any particular one; and if it be carried on the
question, "Whether the House will now proceed to the orders of the day?"
they must be read and proceeded on in the course in which they stand.--2
_Hats._ 83. For priority of order gives priority of right, which cannot
be taken away but by another special order.
After these there are other privileged questions, which will require
considerable explanation.
It is proper that every Parliamentary assembly should have certain
forms of questions, so adapted as to enable them fitly to dispose of
every proposition which can be made to them. Such are, 1. The previous
question: 2. To postpone indefinitely: 3. To adjourn to a definite day:
4. To lie on the table: 5. To commit: 6. To amend. The proper occasion
for each of these questions should be understood.
1. When a proposition is moved, which it is useless or inexpedient now
to express or discuss, the previous question has been introduced for
suppressing, for that time, the motion and its discussion.--3 _Hats._
188, 189.
2. But as the previous question gets rid of it only for that day, and
the same proposition may recur the next day, if they wish to suppress it
for the whole of that session, they postpone it indefinitely.--3 _Hats._
183. This quashes the proposition for that session, as an indefinite
adjournment is a dissolution, or the continuance of a suit sine die is
a discontinuance of it.
3. When a motion is made which it will be proper to act on, but
information is wanted, or something more pressing claims the present
time, the question or debate is adjourned to such a day within the
session as will answer the views of the House.--2 _Hats._ 81. And those
who have spoken before, may not speak again when the adjourned debate
is resumed.--2 _Hats._ 73. Sometimes, however, this has been abusively
used, by adjourning it to a day beyond the session, to get rid of it
altogether, as would be done by an indefinite postponement.
4. When the House has something else which claims its present attention,
but would be willing to reserve in their power to take up a proposition
whenever it shall suit them, they order it to lie on their table. It
may then be called for at any time.
5. If the proposition will want more amendment and digestion than the
formalities of the House will conveniently admit, they refer it to a
committee.
6. But if the proposition be well digested, and may need but few and
simple amendments, and especially if these be of leading consequence,
they then proceed to consider and amend it themselves.
The Senate, in their practice, vary from this regular gradation of forms.
Their practice, comparatively with that of Parliament, stands thus:
For the Parliamentary, The Senate uses,
Postmt. indefinite. --Postmt. to a day beyond the session.
Adjournment, --Postmt. to a day within the session.
{ Postponement indefinite.
Laying on the table. { Laying on the table.
In their 8th Rule, therefore, which declares, that while a question is
before the Senate, no motion shall be received, unless it be for the
previous question, or to postpone, commit or amend the main question,
the term postponement must be understood according to their broad use of
it, and not in its Parliamentary sense. Their rule then establishes as
privileged questions, the previous question, postponement, commitment,
and amendment.
But it may be asked, Have these questions any privilege among themselves?
or are they so equal that the common principle of the "first moved,
first put," takes place among them? This will need explanation. Their
competitions may be as follows:
1. Prev. Qu. and Postpone } In the 1st, 2d, and 3d classes, and
Commit } the 1st member of the 4th class, the
Amend } rule "first moved, first put," takes
place.
2. Postpone and Prev. Qu. }
Commit }
Amend }
3. Commit and Prev. Qu. }
Postpone }
Amend }
4. Amend and Prev. Qu. }
Postpone }
Commit }
In the 1st class, where the previous question is first moved, the effect
is peculiar; for it not only prevents the after motion to postpone or
commit from being put to question before it, but also from being put after
it. For if the previous question be decided affirmatively, to wit, that
the main question shall _now_ be put, it would of course be against the
decision to postpone or commit. And if it be decided negatively, to wit,
that the main question shall not now be put, this puts the House out of
possession of the main question, and consequently there is nothing before
them to postpone or commit. So that neither voting for nor against the
previous question will enable the advocates for postponing or committing
to get at their object. Whether it may be amended, shall be examined
hereafter.
2d class.--If postponement be decided affirmatively, the proposition
is removed from before the House, and consequently there is no ground
for the previous question, commitment, or amendment. But if decided
negatively, that it shall not be postponed, the main question may then
be suppressed by the previous question, or may be committed or amended.
The 3d class is subject to the same observations as the 2d.
The 4th class.--Amendment of the main question first moved, and afterwards
the previous question, the question of amendment shall be first put.
Amendment and postponement competing, postponement is first put, as
the equivalent proposition to adjourn the main question would be in
Parliament. The reason is, that the question for amendment is not
suppressed by postponing or adjourning the main question, but remains
before the House whenever the main question is resumed; and it might
be that the occasion for other urgent business might go by, and be lost
by length of debate on the amendment, if the House had it not in their
power to postpone the whole subject.
Amendment and commitment. The question for committing, though last moved,
shall be first put; because in truth it facilitates and befriends the
motion to amend. _Scobell_ is express:--"On a motion to amend a bill,
any one may, notwithstanding, move to commit it, and the question for
commitment shall be first put."--_Scob._ 46.
We have hitherto considered the case of two or more of the privileged
questions contending for privilege between themselves, when both were
moved on the original or main question; but now let us suppose one
of them to be moved, not on the original primary question, but on the
secondary one, _e. g._
Suppose a motion to postpone, commit, or amend the main question, and
that it be moved to suppress that motion by putting the previous question
on it. This is not allowed, because it would embarrass questions too
much to allow them to be piled on one another several stories high; and
the same result may be had in a more simple way, by deciding against
the postponement, commitment, or amendment.--2 _Hats._ 81, 2, 3, 4.
Suppose a motion for the previous question, or commitment or amendment
of the main question, and that it be then moved to postpone the motion
for the previous question, or for commitment or amendment of the main
question: 1. It would be absurd to postpone the previous question,
commitment, or amendment, alone, and thus separate the appendage from its
principal; yet it must be postponed separately from the original, if at
all, because the 8th rule of the Senate says, that when a main question
is before the House, no motion shall be received but to commit, amend, or
pre-question the original question, which is the parliamentary doctrine;
therefore, the motion to postpone the secondary motion for the previous
question, or for committing or amending, cannot be received: 2. This is
a piling of questions one on another, which, to avoid embarrassment,
is not allowed: 3. The same result may be had more simply, by voting
against the previous question, commitment, or amendment.
Suppose a commitment moved, of a motion for the previous question, or
to postpone, or amend.
The 1st, 2d, and 3d reasons before stated, all hold good against this.
Suppose an amendment moved to a motion for the previous question? Answer:
The previous question cannot be amended. Parliamentary usage, as well
as the 9th rule of the Senate, has fixed its form to be, "Shall the
main question be now put?" _i. e._, at this instant. And as the present
instant is but one, it can admit of no modification. To change it to
to-morrow, or any other moment, is without example and without utility.
But suppose a motion to amend a motion for postponement, as to one day
instead of another, or to a special instead of indefinite time. The
useful character of amendment gives it a privilege of attaching itself to
a secondary privileged motion. That is, we may amend a postponement of
a main question. So we may amend a commitment of a main question, as by
adding, for example, "with instruction to inquire," &c. In like manner,
if an amendment be moved to an amendment, it is admitted. But it would
not be admitted in another degree, to wit, to amend an amendment to an
amendment of a main question. This would lead to too much embarrassment.
The line must be drawn somewhere; and usage has drawn it after the
amendment to the amendment. The same result must be sought by deciding
against the amendment to the amendment, and then moving it again as it
was wished to be amended. In this form it becomes only an amendment to
an amendment.
_In filling a blank with a sum, the largest sum shall be first put to
the question, by the 18th Rule of the Senate_, contrary to the rule of
Parliament, which privileges the smallest sum and longest time.--5 _Grey_,
179; 2 _Hats._ 8, 83; 3 _Hats._ 132, 133. And this is considered to be
not in the form of an amendment to the question, but as alternative or
successive originals. In all cases of time or number, we must consider
whether the larger comprehends the lesser, as in a question to what day
a postponement shall be, the number of a committee, amount of a fine,
term of an imprisonment, term of irredeemability of a loan, or the
_terminus in quem_ in any other case. Then the question must begin _a
maximo_. Or whether the lesser includes the greater, as in question on
the limitation of the rate of interest, on what day the session shall
be closed by adjournment, on what day the next shall commence, when an
act shall commence, or the _terminus a quo_ in any other case, where
the question must begin _a minimo_. The object being not to begin at
that extreme, which, and more, being within every man's wish, no one
could negative it, and yet, if we should vote in the affirmative, every
question for more would be precluded; but at that extreme which would
unite few, and then to advance or recede till you get to a number which
will unite a bare majority.--3 _Grey_, 376, 384, 385. "The fair question
in this case is not that to which and more all will agree, whether there
shall be addition to the question."--1 _Grey_, 365.
Another exception to the rule of priority is, when a motion has been made
to strike out or agree to a paragraph. Motions to amend it are to be put
to the question, before a vote is taken on striking out, or agreeing to
the whole paragraph.
But there are several questions, which, being incidental to every one,
will take place of every one, privileged or not; to wit, a question of
order arising out of any other question, must be decided before that
question.--2 _Hats._ 88.
A matter of privilege arising out of any question, or from a quarrel
between two members, or any other cause, supersedes the consideration
of the original question, and must first be disposed of.--2 _Hats._ 88.
Reading papers relative to the question before the House. This question
must be put before the principal one.--2 _Hats._ 88.
Leave asked to withdraw a motion. The rule of Parliament being, that a
motion made and seconded is in possession of the House, and cannot be
withdrawn without leave, the very terms of the rule imply that leave
may be given, and, consequently, may be asked and put to the question.