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Preface Introduction Parliamentary Law Plan of the Work Definitions

Legal Rights of Deliberative Assemblies Table of Rules Relating to Motions Index

INTRODUCTION.

Parliamentary Law.

Parliamentary Law refers originally to the customs and rules of conducting business in the English Parliament; and thence to the customs and rules of our own legislative assemblies. In England these customs and usages of Parliament form a part of the unwritten law of the land, and in our own legislative bodies they are of authority in all cases where they do not conflict with existing rules or precedents.

But as a people we have not the respect which the English have for customs and precedents, and are always ready for innovations which we think are improvements, and hence changes have been and are being constantly made in the written rules which our legislative bodies have found best to adopt. As each house adopts its own rules, it results that the two houses of the same legislature do not always agree in their practice; even in Congress the order of precedence of motions is not the same in both houses, and the Previous Question is admitted in the House of Representatives, but not in the Senate. As a consequence of this, the exact method of conducting business in any particular legislative body is to be obtained only from the Legislative Manual of that body.

The vast number of societies, political, literary, scientific, benevolent and religious, formed all over the land, though not legislative, are still deliberative in their character, and must have some system of conducting business, and some rules to govern their proceedings, and are necessarily subject to the common parliamentary law where it does not conflict with their own special rules. But as their knowledge of parliamentary law has been obtained from the usages in this country, rather than from the customs of Parliament, it has resulted that these societies have followed the customs of our own legislative bodies, and our people have thus been educated under a system of parliamentary law which is peculiar to this country, and yet so well established as to supersede the English parliamentary law as the common law of ordinary deliberative assemblies.

The practice of the National House of Representatives should have the same force in this country as the usages of the House of Commons have in England, in determining the general principles of the common parliamentary law of the land; but it does not follow that in every matter of detail the rules of Congress can be appealed to as the common law governing every deliberative assembly. In these matters of detail, the rules of each House of Congress are adapted to their own peculiar wants, and are of no force whatever in other assemblies.

But upon all great parliamentary questions, such as what motions can be made, what is their order of precedence, which can be debated, what is their effect, etc., the common law of the land is settled by the practice of the U. S. House of Representatives, and not by that of the English Parliament, the U. S. Senate, or any other body.

Plan of the Work.

The Manual is divided into two distinct parts, each complete in itself.

Part I contains a set of Rules of Order systematically arranged, as shown in the Table of Contents. Each one of the forty-five sections is complete in itself, so that no one unfamiliar with the work can be misled in examining any particular subject. Cross references are freely used to save repeating from other sections, and by this means the reader, without using the index, is referred to everything in the Rules of Order that has any bearing upon the subject he is investigating. The references are by sections, and for convenience the numbers of the sections are placed at the top of each page. The motions are arranged under the usual classes, in their order of rank, but in the index under the word motion will be found an alphabetical list of all the motions generally used. In reference to each motion there is stated:

Of what motions it takes precedence . To what motions it yields . Whether it is debatable or not. Whether it can be amended or not. In case the motion can have no subsidiary motion applied to it, the fact is stated . The effect of the motion if adopted. The form of stating the question when peculiar, and whatever other information is necessary to enable one to understand the question.

Definitions.

In addition to the terms defined above , there are other terms that are liable to be misunderstood, to which attention should he called.

Meeting and Session.--In this Manual the term "meeting" is used to denote an assembling together of the members of a deliberative assembly for any length of time, during which there is no separation of the members by adjournment. An adjournment to meet again at some other time, even the same day, terminates the meeting, but not the session, which latter includes all the adjourned meetings. The next meeting, in this case, would be an "adjourned meeting" of the same session.

A "meeting" of an assembly is terminated by a temporary adjournment; a "session" of an assembly ends with an adjournment without day, and may consist of many meetings .

Previous Question--This term is frequently understood to refer to the question previously under consideration. As used in this country it is equivalent to a motion to "Stop debate, and proceed to voting on all the questions before the assembly," with certain exceptions, where it affects only one motion .

Shall the Question be Considered ? This question, which is put as soon as a subject is brought before an assembly, if any member "objects to its consideration" , is not intended to merely cut off debate, but to prevent the question from coming before the assembly for its action. If decided by a two-thirds vote in the negative, the question is removed from before the assembly immediately .

Whenever the word "assembly," which is used throughout these rules, occurs in forms of motions , it is better to replace it by the special term used to designate the particular assembly; as for instance, "Society," or "Convention," or "Board." The term "Congress," when used in this Manual, refers to the House of Representatives of the U.S.

The member upon whose motion the subject under discussion was brought before the assembly is entitled to be recognized as having the floor , notwithstanding another member may have first risen and addressed the Chair. If the Chairman rise to speak before the floor has been assigned to any one, it is the duty of a member who may have previously risen to take his seat.

This does not prevent suggestions of alterations, before the question is stated by the presiding officer. To the contrary, much time may be saved by such informal remarks; which, however, must never be allowed to run into debate. The member who offers the motion, until it has been stated by the presiding officer, can modify his motion, or even withdraw it entirely; after it is stated he can do neither, without the consent of the assembly. . When the mover modifies his motion, the one who seconded it can withdraw his second.

Exceptions: A call for the order of the day, a question of order , or an objection to the consideration of a question , does not have to be seconded; and many questions of routine are not seconded or even made; the presiding officer merely announcing that, if no objection is made, such will be considered the action of the assembly.

The motion to "strike out certain words and insert others," is indivisible, as it is strictly one proposition.

Lie on the Table .................... See ? 19. The Previous Question ............... " ? 20. Postpone to a Certain Day ........... " ? 21. Commit .............................. " ? 22. Amend ............................... " ? 23. Postpone Indefinitely ............... " ? 24.

Appeal ........................... See ? 14. Objection to the Consideration of a Question ............. " ? 15. The Reading of Papers .................................... " ? 16. Leave to Withdraw a Motion ............................... " ? 17. Suspension of the Rules .................................. " ? 18.

To Fix the Time to which the Assembly shall Adjourn ...... See ? 10. Adjourn .................................................. " ? 11. Questions relating to the Rights and Privileges of the Assembly or any of its Members ............................................ " ? 12. Call for the Orders of the Day ........................... " ? 13.

Privileged Motions.

The Form of this motion is, "When this assembly adjourns, it adjourns to meet at such a time."

When it does not close the session, the business interrupted by the adjournment is the first in order after the reading of the minutes at the next meeting, and is treated the same as if there had been no adjournment; an adjourned meeting being legally the continuation of the meeting of which it is an adjournment.

When it closes a session in an assembly which has more than one regular session each year, then the unfinished business is taken up at the next succeeding session previous to new business, and treated the same as if there had been no adjournment . Provided, that, in a body elected for a definite time , unfinished business falls to the ground with the expiration of the term for which the board or any portion of them were elected.

When the adjournment closes a session in an assembly which does not meet more frequently than once a year, or when the assembly is an elective body, and this session ends the term of a portion of the members, the adjournment shall put an end to all business unfinished at the close of the session. The business can be introduced at the next session, the same as if it had never been before the assembly.

When one or more subjects have been assigned to a particular day or hour, they become the Orders of the Day for that day or hour, and they cannot be considered before that time, except by a two-thirds vote . And when that day or hour arrives, if called up, they take precedence of all but the three preceding questions . Instead of considering them, the assembly may appoint another time for their consideration. If not taken up on the day specified, the order falls to the ground.

When the Orders of the Day are taken up, it is necessary to take up the separate questions in their exact order, the one first assigned to the day or hour, taking precedence of one afterwards assigned to the same day or hour. . Any of the subjects, when taken up, instead of being then considered, can be assigned to some other time.

The Form of this question, as put by the Chair when the proper time arrives, or on the call of a member, is, "Shall the Order of the Day be taken up?" or, "Will the assembly now proceed with the Orders of the Day?"

The Effect of an affirmative vote on a call for the Orders of the Day, is to remove the question under consideration from before the assembly, the same as if it had been interrupted by an adjournment .

The Effect of a negative vote is to dispense with the orders merely so far as they interfere with the consideration of the question then before the assembly.

Incidental Motions.

It is the duty of the presiding officer to enforce the rules and orders of the assembly, without debate or delay. It is also the right of every member, who notices a breach of a rule to insist upon its enforcement. In such cases he shall rise from his seat, and say, "Mr. Chairman, I rise to a point of order." The speaker should immediately take his seat, and the Chairman requests the member to state his point of order, which he does, and resumes his seat. The Chair decides the point, and then, if no appeal is taken, permits the first member to resume his speech. If the member's remarks are decided to be improper, and any one objects to his continuing his speech, he cannot continue it without a vote of the assembly to that effect. Instead of the method just described, it is usual, when it is simply a case of improper language used in debate, for a member to say, "I call the gentleman to order;" the Chairman decides whether the speaker is in or out of order, and proceeds as before. The Chairman can ask the advice of members when he has to decide questions of order, but the advice must be given sitting, to avoid the appearance of debate; or the Chair, when unable to decide the question, may at once submit it to the assembly. The effect of laying an appeal on the table, is to sustain, at least for the time, the decision of the Chair, and does not carry to the table the question which gave rise to the question of order.

The Form of this motion is, to "suspend the rules which interfere with," etc., specifying the object of the suspension.

Subsidiary Motions.

The Form of this motion is, "I move that the question lie on the table," or, "that it be laid on the table," or, "to lay the question on the table." When it is desired to take the question up again, a motion is made, either "to take the question from the table," or "to now consider such and such a question;" which motion is undebatable, and cannot have any subsidiary motion applied to it.

The Object of this motion is to postpone the subject in such a way, that at any time it can be taken up, either at the same or some future meeting, which could not be accomplished by a motion to postpone, either definitely or indefinitely. It is also frequently used to suppress a question , which it does, provided a majority vote can never be obtained to take it from the table during that session .

The Effect of this motion is in general to place on the table everything that adheres to the subject; so that if an amendment be ordered to lie on the table, the subject which it is proposed to amend, goes there with it. The following cases are exceptional: An appeal being laid on the table, has the effect of sustaining, at least for the time, the decision of the Chair, and does not carry the original subject to the table. So when a motion to reconsider a question is laid on the table, the original question is left where it was before the reconsideration was moved. An amendment to the minutes being laid on the table does not carry the minutes with it.

Even after the ordering of the Previous Question up to the moment of taking the last vote under it, it is in order to lay upon the table the questions still before the assembly.

When a member calls for the previous question, and the call is seconded, the presiding officer must immediately put the question: "Shall the main question be now put?" If adopted, the member who introduced the pending measure still has the right to close the debate ; after which the presiding officer, without allowing further discussion, shall put to vote the questions before the assembly, in their order of precedence, till the main question, with all its subsidiary and incidental questions, is disposed of . If it fails, the discussion continues as if this motion had not been made.

The previous question can be moved on a pending amendment, and if adopted, debate is closed on the amendment only. After the amendment is voted on, the main question is again open to debate and amendments.

The Object of this motion is to bring the assembly to a vote on the question before it without further debate. In ordinary assemblies it is rarely expedient to deprive a large minority of the right of debate, and yet two-thirds of the members should have the right to close the debate when they think it best.

It applies to questions of privilege as well as any other debatable questions. It is allowable for a member to submit a resolution and at the same time move the previous question thereon.

To illustrate the Effect of this motion, suppose it is adopted when we have before the assembly, the main question; an amendment; a motion to commit; a motion to amend the last motion by giving the committee instructions. The previous question being carried, the presiding officer would immediately put the question on the last motion ; then on the motion to commit, ; and if this is adopted, of course the subject is referred to the committee and disposed of for the present; but if it fails, the amendment is put, and finally the main question.

Exceptions: If the Previous Question is carried while a motion to Postpone is pending, its effect is only to bring the assembly to a vote on that motion; if it is voted not to postpone, the subject is again open for debate. So if an Appeal or a motion to Reconsider is pending when the Previous Question is ordered, it applies only to them and is exhausted by the vote on them.

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