« PreviousContinue »
But if, on their being read, no motion is made for commitment, they are then laid on the table in the general file, to be taken up in their just turn.
2. After twelve o'clock, bills ready for it are put on their passage.
3. Reports in possession of the House, which offer grounds for a bill, are to be taken up, that the bill may be ordered in.
4. Bills or other matters before the House, and unfinished on the preceding day, whether taken up in turn, or on special order, are entitled to be resumed and passed on through their present stage.
5. These matters being despatched, for preparing and expediting business, the general file of bills and other papers is then taken up, and each article of it is brought on according to its seniority, reckoned by the date of its first introduction to the House. Reports on bills belong to the dates of their bills.
[The arrangement of the business of the Senate is now as follows:
1. Motions previously submitted.
2. Reports of committees previously made.
3. Bills from the House of Representatives, and those introduced on leave, which have been read the first time, are read the second time; and, if not referred to a Committee, are considered in Committee of the whole, and proceeded with as in other cases.
4. After twelve o'clock, engrossed bills of the Senate, and bills of the House of Representatives, on the third reading are put on their passage.
5. If the above are finished before one o'clock, the general file of bills, consisting of those reported from Committees on the second reading, and those reported from Committees after having been referred, are taken up in the order in which they were reported to the Senate by the respective Committees.
6. At one o'clock, if no business be pending, or if no motion be made to proceed to other business, the special
orders are called, at the head of which stands the unfinished business of the preceding day.]— Vide Rules H. R. 16, 17.
In this way we do not waste our time in debating what shall be taken up: we do one thing at a time, follow up a subject while it is fresh, and till it is done with; clear the House of business gradatim as it is brought on, and prevent, to a certain degree, its immense accumulation towards the close of the session.
Arrangement, however, can only take hold of matters in possession of the House. New matter may be moved at any time, when no question is before the House. Such are, original motions, and reports on bills. Such are, bills from the other House, which are received at all times, and receive their first reading as soon as the question then before the House is disposed of; and bills brought in on leave, which are read first whenever presented. So, messages from the other House respecting amendments to bills, are taken up as soon as the House is clear of a question, unless they require to be printed, for better consideration. Orders of the day may be called for, even when another question is before the House.
Each House may determine the rules of its proceedings; punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.Const. I. 5.
In Parliament," instances make order," per
Speaker Onslow, 2 Hats. 144; but what is done only by one Parliament cannot be called custom of Parliament: by Prynne, 1 Grey, 52.
ORDER RESPECTING PAPERS.
The Clerk is to let no journals, records, accounts, or papers, be taken from the table, or out of his custody.-2 Hats. 193, 194.
Mr. Prynne having, at a committee of the whole, amended a mistake in a bill, without order or knowledge of the committee, was reprimanded.-1 Chand. 77.
A bill being missing, the House resolved, that a protestation should be made and subscribed by the members, "before Almighty God and this honourable House, that neither myself nor any other, to my knowledge, have taken away, or do at this present conceal a bill entitled," &c.5 Grey, 202.
After a bill is engrossed it is put into the Speaker's hands, and he is not to let any one have it to look into.-Town. col. 209.
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.-3 Hats. 75. 77-1 Grey, 195.
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 any member is about to speak in debate, or deliver any matter to the House, he shall rise from his seat, and respectfully address himself to "Mr. Speaker," and shall confine himself to the question under debate, and avoid personality.-Rule H. R. 20.
When a member stands up to speak, no question is to be put; but he is to be heard, unless the House overrule him.--4 Grey, 390-5 Grey,
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 can speak more than once to 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, 116-Hakew. 148-Scob. 58-2 Hats. 75. Even a change of opinion does not give a right to be heard a second time.--Smyth Comw. L. 2. c. 3-Arcan. Parl. 17.
The corresponding rule of 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.
No member shall speak more than twice to the same question, without leave of the House, nor more than once until every member choosing to speak shall have spoken.-Rule H. R. 23.
But he may be permitted to speak again to clear a matter of fact.-3 Grey, 357. 416. Or merely to explain himself, 3 Hats. 73, in some material part of his speech, ib. 75; or to the manner or words of the question, keeping him