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.

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

introduced in 1604. 1 _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 question is

brought forward of a delicate nature as to high personages, etc., 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 has been 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 _Hats._, 88, says, if the previous

question has 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 is 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 just been 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 circumstances,

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 maybe 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 amendments, 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 unamended; 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 for public discussion, and

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

peculiar character.

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 25 / 46 章