ORDER IN DEBATE.
When the Speaker is seated in his chair, every member is to sit in his
place. _Scob._, 6; 3 _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. 2 _Hats._, 75; 1 _Grey_,
143.
[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 overrules 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 may speak more than once on 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, 115; _Hakew._, 148; _Scob._, 58; 2 _Hats._, 75. Even a change of
opinion does not give a right to be heard a second time. _Smyth’s 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 a clear matter of fact (_3
Grey_, 357, 416); or merely to explain himself (2 _Hats._, 73) in some
material part of his speech (_Ib._ 75); or to the manner of words of the
question, keeping himself to that only, and not traveling 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 not falling into
the matter itself. _Mem. Hakew._, 30, 31.
But if the Speaker rise 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 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_, 508.
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, etc. (_Mem. in Hakew._, 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 unmanly words against a particular member. _Smyth’s
Comw._, _L._ 2, _c._ 3. The consequences of a measure may be reprobated
in strong terms; but to arraign the motives of those who propose to
advocate it, is a personality, and against order. _Qui digreditur a
materia ad personam_, Mr. Speaker ought to suppress. _Ord. Som., 1604,
Apr. 19._
[* * * When a member shall be called to order by the President or a
Senator, he shall sit down, and shall not proceed without leave of the
Senate; and every question of order shall be decided by the President,
without debate, subject to an appeal to the Senate; and the President
may call for the sense of the Senate on any question of order. _Rule
6._]
[No member shall speak to another or otherwise interrupt the business of
the Senate, or read any newspaper 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, 640,
_col._ 1) speaking or whispering to another (_Scob._, 6; _D’Ewes_, 487,
_col._ 1); nor stand up to interrupt him (_Town._, _col._ 205; _Mem. in
Hakew._, 31); nor to push 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 that 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 his 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 anything 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 offense
committed, and the House considers the degree of punishment they will
inflict. 3 _Hats._, 167, 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_, 382; 6 _Grey_, 254; _10 Grey_, 8.
Whenever warm words or an assault have passed between members, the
House, for the protection of their members, requires them to declare in
their places not to prosecute any quarrel (3 _Grey_, 127, 293; 5 _Grey_,
280); or orders them to attend the Speaker, who is to accommodate their
differences, and 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 intervenes, 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 the member be called to order by a
senator for words spoken, the exceptional words shall immediately be
taken down in writing, that the President may be better enabled to judge
of the matter.” _Rule 7._]
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 him. 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 the debate, then
the charge 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
principle 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 another with his hat on, nor is to put on his
hat in coming in or removing, until he be set down in his place.
_Scob._, 6.
A question of order may be adjourned to give time to look into
precedents. 2 _Hats._, 118.
In Parliament all decisions of the Speaker may be controlled by the
House. 3 _Grey_, 319.