Rule 29. Sen. p. 130.

to seriatim, [5 Grey, 366. 6 Grey, 368. 8 Grey, 47, 104, 360. 1 Torbuck's deb. 125. 3 Hats. 348,] no question need be put on the whole report. [5 Grey, 381.]

On taking up a bill reported with amendments, the amendments only are read by the Clerk. The Speaker then reads the first, and puts it to the question, and so on till the whole are adopted or rejected, before any other amendment be admitted, except it be an amendment to an amendment. [Elsynge's Mem. 53. ] When through the amendments of the Committee, the Speaker pauses, and gives time for amendments to be proposed in the House to the body of the bill: as he does also if it has been reported without amendments; putting no questions but on amendments proposed: and when through the whole, he puts the question whether the bill shall be read a third time?

Contrary

to House Reps. Re. 34, p. 76.

SECTION XXV.

QUASI-COMMITTEE.

The particular form of Parliamentary proceeding in Committee of the whole House is the following: 1. In a Committee every member may speak as often as he pleases. 2. The votes of a Committee may be rejected or altered when reported to the House. 3. A Committee, even of the whole, cannot refer any matter to another Committee. 4. In a Committee no previous question can be taken. The only means to avoid an improper discussion is to move that the Committee rise: and if it be apprehended that the same discussion will be attempted on returning into Committee, the House can discharge them, and proceed itself on the business, keeping down the improper discussion by the previous question. 5. A Committee cannot punish a breach of order, in the House, or in the gallery. [9 Grey, 113.] It can only rise and report it to the House, who may proceed to punish.

Rule 127, Ho. Reps. p 102.

SECTION XXVI.

BILL, SECOND READING IN THE HOUSE.

IN Parliament, after the bill has been read a second time, if, on the motion and question, it be not committed, or if no proposition for commitment be made, the Speaker reads it by paragraphs, pausing between

In regular order.

Just as if. This means where the whole assembly act just as if in Committee, or a Committee of the whole House.

each, but putting no question but on amendments proposed; and when through the whole, he puts the question whether it shall be read a third time? if it came from the other House. Or, if originating with themselves, whether it shall be engrossed and read a third time? The Speaker reads sitting, but rises to put questions. The Clerk stands while he reads.

The bill being now as perfect as its friends can make it, this is the proper stage for those fundamentally opposed to make their first attack. All attempts at earlier periods are with disjointed efforts; because many who do not expect to be in favor of the bill ultimately, are willing to let it go on to its perfect state, to take time to examine it themselves, and to hear what can be said for it; knowing that, after all, they will have sufficient opportunities of giving it their veto. Its two last stages therefore are reserved for this, that is to say, on the question whether it shall be read a third time? And lastly, whether it shall pass? The first of these is usually the most interesting contest; because then the whole subject is new and engaging, and the minds of the members having not yet been declared by any trying vote, the issue is the more doubtful. In this stage, therefore, is the main trial of strength between its friends and opponents: and it behooves every one to make up his mind decisively for this question, or he loses the main battle; and accident and management may, and often do, prevent a successful rallying on the next and last question, whether it shall pass?

When the bill is engrossed, the title is to be endorsed on the back, and not within the bill.

[Hakew. 250.]

Where papers are laid before the House, or referred to a Committee, every member has a right to have them once read at the table, before he can be compelled to vote on them. But it is a great, though common error, to suppose that he has a right, toties quoties, to have acts, journals, accounts or papers on the table read independently of the will of the House. The delay and interruption which this might be made to produce, evince the impossibility of the existence of such a right. There is indeed so manifest a propriety of permitting every member to have as much information as possible on every question on which he is to vote, that when he desires the reading, if it be seen that it is really for information, and not for delay, the Speaker directs it to be read without putting a question, if no one objects. But if objected to, a question must be put. [2 Hats. 117, 118. ]

It is equally an error to suppose that any member has a right, without a question put, to lay a book or paper on the table, and have it read, on suggesting that it contains matter infringing on the privileges of the House. [2 Hats. 117, 118. ]

For the same reason a member has not a right to read a paper in his place, if it be objected to, without leave of the House. But this rigor is never exercised, but where there is an intentional or gross abuse of the time and patience of the House.

A member has not a right even to read his own speech, committed to writing, without leave. This also is to prevent an abuse of time; and therefore is not refused, but where that is intended. [2 Grey, 227. ] Formerly, when papers were referred to a Committee, they used to be first read: but of late, only the titles; unless a member insists they shall be read, and then nobody can oppose it. [2 Hats. 117.]

*Whenever this may occur.

Rule 29,

Sen. page

130.

Re. 123, Ho. Reps.

page 101,

Rule 57, Ho. Reps

page 84.

SECTION XXVII.

PRIVILEGED QUESTIONS.

Rule 45, Ho. Reps. page 79..

Re. 130,

page 102.

Ir is no possession of a bill, unless it be delivered to read, or the Speaker reads the title. [Lex. parl. 274. 95. Ord. House of Commons, 64. ]

the Clerk to be Elsynge mem.

It is a general rule that the question first moved and seconded shall Ho. Reps. be first put. [Scob. 22, 28. 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 orders 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 question so adopted, 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 diet 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,

For this time.

† Without naming any particular day.

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 abusively 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 their 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, the whole House may then proceed to consider and amend it. Have these questions any privilege 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:

In the first, second, and third classes, and the first member of the fourth class, the rule 'first moved first put' takes place.

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 or 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.

The modes of appl'ng the Parliamentary rl's on the six forms mentioned at the top of this P., are complicated and lengthy; they tend to retard more than facilitate the disp❜ch

of busin's

Simplified by the Ho. Reps.

See Rule 46, p. 79.

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 a 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 were 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 for example.

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 when a main question is before the House no motion shall be received but to commit, amend or prequestion the original question. 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 fixes its forms 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 tomorrow, 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 indefinite time. The useful character of amendment gives it a privilege of attaching itself to a secondary and priviledged 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 instruc