SECTION XXXIV.

THE PREVIOUS QUESTION.

When any question is before the House, any member may move a previous

question, "Whether that question (called the main question) shall now

be put?" If it pass in the affirmative, then the main question is to be

put immediately, and no man may speak anything further to it, either to

add or alter.--_Memor. in Hakew._ 28; 4 _Grey_, 27.

$The previous question being moved and seconded, the question from the

chair shall be, "Shall the main question be now put?" and if the nays

prevail, the main question shall not then be put--_Rule_ 9.$

This kind of question is understood by Mr. Hatsell to have been introduced

in 1604.--2 _Hats._ 80. Sir Henry Vane introduced it.--2 _Grey_, 113,

114; 3 _Grey_, 384. When the question was put in this form, "Shall the

main question be put?" a determination in the negative suppressed the

main question during the session; but since the words "now put" are

used, they exclude it for the present only. Formerly, indeed, only till

the present debate was over; 4 _Grey_, 43; but now for that day and no

longer.--2 _Grey_, 113, 114.

Before the question, "Whether the main question shall now be put?" any

person might formerly have spoken to the main question, because otherwise

he would be precluded from speaking to it at all.--_Mem. in Hakew._ 28.

The proper occasion for the previous question is, when a subject is

brought forward of a delicate nature as to high personages, &c., or

the discussion of which may call forth observations which might be of

injurious consequences. Then the previous question is proposed, and, in

the modern usage, the discussion of the main question is suspended, and

the debate confined to the previous question. The use of it has been

extended abusively to other cases; but in these, it is an embarrassing

procedure: its uses would be as well answered by other more simple

Parliamentary forms, and therefore it should not be favored, but

restricted within as narrow limits as possible.

Whether a main question may be amended after the previous question on

it has been moved and seconded? 2 _Hatsell_, 88, says, If the previous

question had been moved and seconded, and also proposed from the chair,

(by which he means, stated by the Speaker for debate,) it has been

doubted whether an amendment can be admitted to the main question. He

thinks it may, after the previous question moved and seconded; but not

after it has been proposed from the chair.

In this case he thinks the friends to the amendment must vote that the

main question be not now put, and then move their amended question,

which being made new by the amendment, is no longer the same which

has been just suppressed, and therefore may be proposed as a new one.

But this proceeding certainly endangers the main question, by dividing

its friends, some of whom may choose it unamended, rather than lose it

altogether; while others of them may vote, as Hatsell advises, that the

main question be not now put, with a view to move it again in an amended

form. The enemies of the main question by this manœuvre to the previous

question, get the enemies to the amendment added to them on the first

vote, and throw the friends of the main question under the embarrassment

of rallying again as they can. To support his opinion, too, he makes the

deciding circumstance, whether an amendment may or may not be made, to be,

that the previous question has been proposed from the chair. But as the

rule is, that the House is in possession of a question as soon as it is

moved and seconded, it cannot be more than possessed of it by its being

also proposed from the chair. It may be said, indeed, that the object of

the previous question being to get rid of a question, which it is not

expedient should be discussed, this object may be defeated by moving

to amend, and, in the discussion of that motion, involving the subject

of the main question. But so may the object of the previous question be

defeated by moving the amended question, as Mr. Hatsell proposes, after

the decision against putting the original question. He acknowledges,

too, that the practice has been to admit previous amendment, and only

cites a few late instances to the contrary. On the whole, I should

think it best to decide it _ab inconvenienti_; to wit, Which is most

inconvenient, to put it in the power of one side of the House to defeat

a proposition by hastily moving the previous question, and thus forcing

the main question to be put amended? or to put it in the power of the

other side to force on, incidentally at least, a discussion which would

be better avoided? Perhaps the last is the least inconvenience; inasmuch

as the Speaker, by confining the discussion rigorously to the amendment

only, may prevent their going into the main question; and inasmuch also,

as so great a proportion of the cases, in which the previous question

is called for, are fair and proper subjects of public discussion, and

ought not to be obstructed by a formality introduced for questions of

a peculiar character.

The Writings of Thomas Jefferson, Vol. 9 (of 9) Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private · 第 33 / 60 章