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Re. 55, Ho. Reps. p. 82.
Jeff. Man. p. 174, this book.
See p. 174.
See Jeff. Man.,clause 1st, p. 174, this book.
Re. 12,Sen. p. 126.
§ 6. A resolution may be amended by striking out all after "resolved," and inserting a new proposition, provided it relates to the subject under consideration.
§ 7. If it be moved to amend, by striking out a paragraph, the friends of that paragraph may make it as perfect as they can by amendments, before the question is put for striking it out. In such cases the amendments become a part of the original proposition, if the first motion to strike out should be rejected.
§ 8. Again if it be moved to amend by striking out certain words, it may be moved as an amendment to that motion, to strike out only a part of the words proposed to be stricken out by the first amendment; which latter motion, if it prevail, is equivalent to leaving the words, stricken out of the first amendment, in the bill. [See page 288.]
§ 9. A motion for an amendment, once negatived, cannot be renewed in the same form.
§ 10. If an amendment be proposed and agreed to, by striking out or inserting some specified word or words, the question cannot again be put to strike out or insert the same words. The proposition, in its original form, can only be had by reconsideration.
§ 11. But the same words, or a part of them, may again be used in connection with other words, provided they are so arranged as to make a proper coherence and a different proposition.
§ 12. When it is moved to amend by striking
Jeff. Man. clause 2d, p.
out, or by adding or inserting, or by striking out some specified words and adding or inserting 174, this bk. others, the question should be stated by reading the whole proposition to be amended as it stands. Then the words proposed to be stricken out. Next, those to be inserted, and finally the whole proposition as it will be if amended.
§ 13. After all the amendments have been disposed of, the presiding officer should put the final question, on agreeing to, or adopting the whole bill, or paper, amended, or unamended, as the case may be.
MODE OF DEBATE.
Jeff. Man. p. 157, this
§ 1. No person, in speaking, should mention any one present by name, but ought to describe book. him by the place or State he represents, or as the member on my right or left, or the member who spoke last, or the last but one, or the gentleman on the other side of the question, or my colleague, or the gentleman who offered the resolution or the amendment, &c.
§ 2. The object of this mode of procedure is to do away with all manner of excitement, and to exclude all personal feeling, both of friendship and of enmity. The members should each act in an official, not personal, capacity.
§3. No one should ever use language offensive or insulting to the assembly, or any member thereof. The consequences of a measure may be denounced in strong terms, but everything per
taining to the motives of those who advocate it, should be scrupulously avoided.
Rls. 35 and 36, Ho. Rep. p. 77.
§ 4. When a member is called to order, the ex
Re. 6, Sen. ceptionable words should, at once, be written
§ 5. When a member has spoken once, and desires to occupy the floor again, before others wishing to speak have done so, he ought to ask leave of the presiding officer, who says, "Shall the See Jeff member have leave?" If no objection be made,
or if objected to and decided in the affirmative, he says, "The gentleman will proceed."
Re. 37, Ho. Reps. p. 77.
Re. 113,Ho. Reps. p. 98.
Re. 34, Ho. Reps. p. 76.
Re. 35, Ho. Reps. p. 77.
§ 6. Leave should always be obtained to make any statement to the assembly which does not involve a motion. No subject ought to be considered open for debate till after it has been stated by the presiding officer.
§ 7. All incidental questions of order, motions to reconsider, to take up particular items of business, and to read documents pending a question, should be promptly decided without debate.
§ 8. No member should be permitted to occupy more than one hour in debate. In societies that hold only one meeting, it will be advantageous to limit each individual to a certain number of minutes.
§ 9. Whenever a member is declared out of order, he should not be permitted to proceed, if any one object, without the consent of the assembly.
§ 10. A faithful observance of the rules for con
ducting public business best promotes the harmony, prosperity, and usefulness of every deliberative body. It is not enough for a few to understand legislative proceedings, for then business is transacted and power exercised by a minority, the real criterion of a monarchy.
§ 11. The genius of free institutions presupposes that each member, however humble, as an individual, has an equal right with every other one, to submit his propositions, bring forward official business, explain, recommend, and discuss all matters pertaining thereto.
§ 12. No assembly should ever know a member either with undue favor or prejudice, but should always look to the merits of the case, and patiently examine and deliberately decide thereon.
QUESTIONS NOT DEBATABLE.
§ 1. In order to economize time, and secure dispatch of business, the following questions should never be debated:
1. A motion to fix the day of adjournment.
2. A motion to adjourn.
3. A motion to lie on the table.
Re. 48, Ho.
Reps. p. 80.
4. The previous question, and all incidental Re. 50 and questions pertaining thereto.
51, Ho. Rep.
pp. 81 and 82.
5. All appeals in calls to order.
Re. 35, Ho. Rep. p. 77.
6. All questions relating to priority of business. Re. 113, Ho. 7. A motion to read any paper.
Reps. p. 98.
8. A motion to take the
Re. 14, Sen. p. 127.
Re. 16, Sen. p. 127.
Custom of Congress.
Re. 6, Sen. p. 125.
Re. 151, Ho. Reps. p. 106.
9. A motion relating to priority of business or to any particular part thereof.
10. A motion to reconsider.
11. And all motions relating to order should be promptly put or decided by the presiding officer, subject, however, to an appeal.
THE DIVISION OF A QUESTION.
Re. 53, Ho. Reps. p. 82.
§ 1. WHEN a question in debate contains two or 12, Sen. p. more separate and distinct points, any member may have the same divided. When there is a call for the division of a question, the presiding officer should determine whether it is susceptible of separation; if so, into how many parts it may be divided.
§ 2. The member who calls for the division of a question, should also state the form in which he proposes to have it taken, for a motion to divide assumes the nature of an amendment, and as such may be amended.
§ 3. It may happen that a proposition will contain several separate and distinct parts, some of which may be very pernicious, while the others Re. 53, Ho. will be exceedingly beneficial. Hence the wisdom
of the rule in permitting any member to demand a division. It offers the shortest way of amendment, and throws every question upon its own intrinsic merit.*
*This rule, though sanctioned by both Houses of Congress, is contrary to the Parliamentary rule. See division of the question, Jefferson's Manual, page 175, this book.