SECTION XXXVI.

DIVISION OF THE QUESTION.

If a question contain more parts than one, it may be divided into two or

more questions. _Mem. in Hakew._, 39. But not as the right of an

individual member, but with the consent of the House. For who is to

decide whether a question is complicated or not?--where it is

complicated?--into how many propositions it may be divided? The fact is,

that the only mode of separating a complicated question is by moving

amendments to it; and these must be decided by the House, on a question,

unless the House orders it to be divided; as, on the question, December

2, 1640, making void the election of the knights for Worcester, on a

motion it was resolved to make two questions of it, to-wit: one on each

knight. 2 _Hats._, 85, 86. So, wherever there are several names in

question, they may be divided and put one by one. 9 _Grey_, 444. So,

1729, April 17, on an objection that a question was complicated, it was

separated by amendment. 2 _Hats._, 79.

The soundness of these observations will be evident from the

embarrassments produced by the 12th rule of the Senate, which says, “If

the question in debate contain several points, any member may have the

same divided.”

1798, May 30, the alien bill in quasi-committee. To a section and

proviso in the original had been added two new provisos by way of

amendment. On a motion to strike out the section as amended, the

question was desired to be divided. To do this it must be put first on

striking out either the former proviso or some distinct member of the

section. But when nothing remains but the last member or the section and

the proviso, they cannot be divided so as to put the last member to

question by itself; for the provisos might then be left standing alone

as exceptions to a rule when the rule is taken away; or the new provisos

might be left to a second question, after having been decided on once

before at the same reading, which is contrary to rule. But the question

must be on striking out the last member of the section as amended. This

sweeps away the exceptions with the rule, and relieves from

inconsistence. A question to be divisible, must comprehend points so

distinct and entire that one of them being taken away the other may

stand entire. But a proviso or exception without an enacting clause does

not contain an entire point or proposition.

May 31. The same bill being before the Senate. There was a proviso that

the bill should not extend, 1, To any foreign minister; nor, 2, To any

person to whom the President should give a passport; nor, 3, To any

alien merchant conforming himself to such regulations as the President

shall prescribe; and a division of the question into its simplest

elements was called for. It was divided into four parts, the fourth

taking in the words, “conforming himself,” etc. It was objected that the

words, “any alien merchant,” could not be separated from their modifying

words, “conforming,” etc., because these words if left by themselves

contain no substantive idea--will make no sense. But admitting that the

divisions of a paragraph into separate questions must be so made that

each part may stand by itself, yet the House having, on the question,

retained the two first divisions, the words, “any alien merchant,” may

be struck out, and their modifying words will then attach themselves to

the preceding description of persons, and become a modification of that

description.

When a question is divided, after the question on the first member, the

second is open to debate and amendment; because it is a known rule that

a person may rise and speak at any time before the question has been

completely decided, by putting the negative as well as the affirmative

side. But the question is not completely put when the vote has been

taken on the first member only. One-half of the question, both

affirmative and negative, remains still to be put. See _Execut. Jour.,

June 25, 1795_. The same decision by President Adams.

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 27 / 46 章