ORDERS OF THE HOUSE.
Of right, the doors of the House ought not to be shut, but to be kept by
porters, or sergeant-at-arms, assigned for that purpose. _Mod. Ten.
Parl._, 23.
[By the rules of the Senate, on motion made and seconded to shut the
doors of the Senate on the discussion of any business which may, in the
opinion of a member, require secrecy, the President shall direct the
gallery to be cleared; and during the discussion of such motion the
doors shall remain shut. _Rule 18._]
No motion shall be deemed in order to admit any person or persons
whatsoever, within the doors of the Senate chamber, to present any
petition, memorial or address, or to hear any such read. _Rule 19._
[The only case where a member has a right to insist on anything, is
where he calls for the execution of a subsisting order of the House.
Here, there having been already a resolution, any person has a right to
insist that the Speaker, or any other whose duty it is, shall carry it
into execution; and no debate or delay can be had on it. Thus any member
has a right to have the House or gallery cleared of strangers, an order
existing for that purpose; or to have the House told where there is not
a quorum present. 2 _Hats._, 87, 129. How far an order of the House is
binding. See _Hakew._, 392.]
But where an order is made that any particular matter be taken up on a
particular day, there a question is to be put, when it is called for,
whether the House will now proceed to that matter? Where orders of the
day are on important or interesting matter, they ought not to be
proceeded on till an hour at which the House is usually full, [_which in
Senate is at noon_.]
Orders of the day may be discharged at any time, and a new one made for
a different day. 3 _Grey_, 48, 313.
When a session is drawing to a close, and the important bills are all
brought in, the House, in order to prevent interruption by further
unimportant bills, sometimes come to a resolution that no new bill be
brought in, except it be sent from the other house. 3 _Grey_, 156.
All orders of the House determine with the session; and one taken under
such an order may, after the session is ended, be discharged on a habeas
corpus. _Raym._, 120; _Jacob’s L. D. by Ruffhead_; _Parliament, 1 Lev._,
165, (_Pritchard’s case_.)
[Where the Constitution authorizes each House to determine the rules of
its proceedings, it must mean in those cases (legislative, executive or
judiciary) submitted to them by the Constitution, or in something
relating to these, and necessary towards their execution. But orders and
resolutions are sometimes entered in the journals, having no relation to
these, such as acceptances of invitations to attend orations, to take
part in processions, etc. These must be understood to be merely
conventional among those who are willing to participate in the ceremony,
and are, therefore, perhaps, improperly placed among the records of the
House.]