PRIVILEGED QUESTIONS.
[[41] 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._, 273; _Elsynge’s
Mem._, 85; _Ord. House of 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 Order 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 a question 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 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 abusedly 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 the 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 PARLIAMENT: THE SENATE USES:
Postponement indefinite, Postponement to a day beyond the session,
Adjournment, Postponement to a day within the session,
Lying on the table. { Postponement indefinite,
{ Lying on the table.
In their eighth rule, therefore, which declares that while the 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 the parliamentary sense. Their rule then establishes as
privileged questions, the previous questions, postponement, commitment
and amendment.
But it may be asked, Have these questions any privileges 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. Previous question and postpone } In the first, second and
commit } third classes, and the
amend } first member of the
fourth class the rule
2. Postpone and previous question } “first moved first put”
commit } takes place.
amend }
3. Commit and previous question }
postpone }
amend }
4. Amend and previous question }
postpone }
commit }
In the first 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.
Second 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 third class is subject to the same observations as the second.
The fourth 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 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 are
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 a 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 its original, if at
all, because the eighth rule of 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
also; 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 first, second and third 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 ninth 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 an indefinite
time. The useful character of amendment gives it a privilege of
attaching itself to a secondary and 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 instructions to
inquire,” etc. 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 wished to be amended. In this form it becomes
only an amendment to an amendment.
[When motions are made for reference of the same subject to a select
committee and to a standing committee, the question on reference to the
standing committee shall be first put. _Rule 36._]
[In filling a blank with a sum, the largest sum shall be first put to
the question, by the thirteenth rule of the Senate,[42]] 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
questions 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 he 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 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.” _Grey_, 355.
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, supercedes the consideration of
the original question, and must be first 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 the 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.