SECTION XVII.

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.

The Legislative Manual, of the State of Colorado Comprising the History of Colorado, Annals of the Legislature, Manual of Customs, Precedents and Forms, Rules of Parliamentary Parliamentary Practice, and the Constitutions of the United States and the History of Colorado, Annals of the Legislature, Manual of Customs, Precedents and Forms, Rules of Parliamentary Practice, and the Constitutions of the United States and the State of Colorado. Also, Chronological Table of American History, Lists and Tables for Reference, Biographies, Etc. · 第 8 / 46 章