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].

1. Any subject may, by a vote of two-thirds of the Senators present, be made a special order; and when the time so fixed for its consideration arrives, the Presiding Officer shall lay it before the Senate, unless there be unfinished business of the preceding day; and if it is not finally disposed of on that day, it shall take its place on the Calendar of Special Orders, in the order of time at which it was made special, unless it shall become by adjournment the unfinished business.

2. When two or more special orders have been made for the same time they shall have precedence according to the order in which they were severally assigned, and that order shall only be changed by direction of the Senate.

And all motions to change such order, or to proceed to the consideration of other business, shall be decided without debate.

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 comes 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, Pitchara'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 toward 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 procession, &c. 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.

SEC. XIX.-PETITION.

A petition prays something. A remonstrance has no prayer. I Grey, 8.

Petitions must be subscribed by the petitioners, Scob., 87 ; L. Parl., . 22; 9 Grey, 362, unless they are attending, 1 Grey, 401, or unable to sign, and averred by a member, 3 Grey, 418. But a petition not subscribed, but which the member presenting it affirmed to be all in the handwriting of the petitioner, and his name written in the beginning, was on the question (March 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the handwriting of the petitioners, is necessary, if it be questioned. 6 Grey, 36. It must be presented by a member-not by the petitioners, and must be opened by him holding it in his hand. 10 Grey, 57.

3. Every petition or memorial shall be referred, without putting the question, unless objections to such reference is made; in which case all motions for the reception or reference of such petition, memorial, or other paper shall be put in the order in which the same shall be made, and shall not be open to amendment, except to add instructions.

4. Before any petition or memorial shall be received, it shall be signed by the petitioner or memorialist, and a brief statement of its contents made by the Presiding Officer or Senator presenting it. But no petition or memorial or other paper signed by citizens or subjects of a foreign power shall be received, unless the same be transmitted to the Senate by the President.

Regularly a motion for receiving it must be made and seconded, and a question put, whether it shall be received? but a cry from the House of "received," or even its silence, dispenses with the formality of this question. It is then to be read at the table and disposed of.

But where an order is made that any particular matte on a particular day, there a question is to be put, whe for, whether the House will now proceed to that matt orders of the day are on important or interesting matter not to be proceeded on till an hour at which the Hou full [which in Senate is at noon].

[In the Senate.]

Rule X.

1. Any subject may, by a vote of two-thirds of the Sen be made a special order; and when the time so fixed for tion arrives, the Presiding Officer shall lay it before the S there be unfinished business of the preceding day; and if it disposed of on that day, it shall take its place on the Calena Orders, in the order of time at which it was made spec shall become by adjournment the unfinished business.

2. When two or more special orders have been made for i they shall have precedence according to the order in which ti erally assigned, and that order shall only be changed by di Senate.

And all motions to change such order, or to proceed to t tion of other business, shall be decided without debate.

Orders of the day may be discharged at any time, and made for a different day. 3 Grey, 48, 313.

When a session is drawing to a close, and the importa all brought in, the House, in order to prevent interruptio unimportant bills, sometimes comes to a resolution that be brought in, except it be sent from the other House.

All orders of the House determine with the session; an under such an order may, after the session is ended, be on a habeas corpus. Raym., 120; Jacob's L. D. by Ruff liament, 1 Lev., 165, Pitchara's case.

Where the Constitution authorizes each House to de rules of its proceedings, it must mean in those cases (leg ecutive, or judiciary) submitted to them by the Constit something relating to these, and necessary toward their But orders and resolutions are sometimes entered in t' having no relation to these, such as acceptances of in

SEC. XX.--MOTIONS.

When a motion has been made, it is not to be put to the question or debated until it is seconded. Scob., 21.

It is then, and not till then, in possession of the House, and cannot be withdrawn but by leave of the House. It is to be put into writing, if the House or Speaker require it, and must be read to the House by the Speaker as often as any member desires it for his information. 2 Hats., 82.

1. All motions shall be reduced to writing, if desired by the Presiding Officer or by any Senator, and shall be read before the same shall be debated.

2. Any motion or resolution may be withdrawn or modified by the mover at any time before a decision, amendment, or ordering of the yeas and nays, except a motion to reconsider, which shall not be withdrawn without leave.

It might be asked whether a motion for adjournment or for the orders of the day can be made by one member while another is speaking? It can not. When two members offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, unless by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without rising and addressing the Chair. Such calls are themselves breaches of order, which, though the member who has risen may respect, as an expression of impatience of the House against further debate, yet, if he chooses, he has a right to go on.

SEC. XXI.-RESOLUTIONS.

When the House commands, it is by an "order." But fact, principles, and their own opinions and purposes, are expressed in the

form of resolutions.

A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the Chair; but on