[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 110th Congress] [110th Congress] [House Document 109-157] [Jeffersons Manual of ParliamentaryPractice] [Pages 228-241] [From the U.S. Government Printing Office, www.gpo.gov] [[Page 228]] sec. xxxiii--privileged questions
Sec. 437. Possession of a bill by the House. | It is no possession of a bill unless it be delivered to the Clerk to read, or the Speaker reads the title. Lex. Parl., 274; Elysynge Mem., 85; Ord. House of Commons, 64. |
Sec. 438. Theory as to privileged questions. | It is a general rule that the question first moved and seconded shall be first put. Scob., 28, 22; 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. |
Sec. 439. Precedence of the motion to adjourn. | 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 can not be received after another question is actually put and while the House is engaged in voting. |
Sec. 440. Obsolete parliamentary law governing orders of the day. | 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 order 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 of business. |
Sec. 441. Jefferson's discussion of certain privileged motions. | After these there are other privileged questions, which will require considerable explanation. |
Sec. 442. Obsolete use of the previous question. | 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. |
Sec. 443. The motion to postpone indefinitely. | 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 die is a discontinuance of it. |
Sec. 444. Postponement to a day certain. | 3. When a motion is made which it will be proper to act on, but information is wanted, or something more press |
Sec. 445. Motion to lay on the table. | 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. |
Sec. 446. Delegation of consideration to committee. | 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. |
Sec. 447. Privileged motions in the Senate and in Parliament. | The Senate, in their practice, vary from this regular graduation of forms. Their practice comparatively with that of Parliament stands thus: |
Sec. 448. Obsolete provision as to priority of privileged motions. | But it may be asked: 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: 1. Previous question and postpone |
Sec. 449. General principles of priority of motions. | 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. |
Sec. 450. Applications of the previous question to debatable secondary and privileged motions. | We have hitherto considered the case of two or more of the privileged questions contending for privilege between themselves, when both are moved on the original or main question; but now let us suppose one of them to be moved, |
Sec. 451. Motion to postpone not applicable to other secondary motions. | 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 the eighth rule of the Senate says that when a main question is before the House no motion shall be received but to commit, amend, or pre-question the original question, which is the parliamentary doctrine also. |
Sec. 452. The motion to amend not applicable to the previous question. | Suppose an amendment moved to a motion for the previous question. Answer: The previous question can not be amended. Parliamentary usage, as well as the ninth rule of the Senate, has fixed its form 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 to-morrow, or any other moment, is without example and without utility. * * * |
Sec. 453. Motion to amend applicable to motions to postpone or refer. | * * * But suppose a motion to amend a motion for postponement, as to one day instead of another, or to a special instead of an indefinite time. The useful character of amendment gives it a |
Sec. 454. Amendment in the third degree not in order. | * * * In like manner, if an amendment be moved to an amendment, it is admitted; but it would not be admitted in another degree, to wit, to amend an amendment to an amendment of a main question. This would lead to too much embarrassment. The line must be drawn somewhere, and usage has drawn it after the amendment to the amendment. The same result must be sought by deciding against the amendment to the amendment, and then moving it again as it was wished to be amended. In this form it becomes only an amendment to an amendment. |
Sec. 455. Filling blanks; and amendment to numbers. | [In filling a blank with a sum, the largest sum shall be first put to the question, by the thirteenth rule of the Senate, contrary to the rule of Parliament, which privileges the smallest sum and longest time. 5 Grey, 179; 2 Hats., 8, 83; 3 Hats., 132, 133.] And this is considered to be not in the form of an amendment to the question, but as alternative or successive originals. In all cases of time or number, we must consider whether the larger comprehends the lesser, as in a question |
Sec. 456. Priority of amendments over motions to strike out or agree. | Another exception to the rule of priority is when a motion has been made to strike out, or agree to, a paragraph. Motions to amend it are to be put to the question before a vote is taken on striking out or agreeing to the whole paragraph. |
Sec. 457. Incidental questions, like points of order, that intervene during consideration of the main question. | But there are several questions which, being incidental to every one, will take place of every one, privileged or not; to wit, a question of order arising out of any other question must be decided before that question. 2 Hats., 88. |
Sec. 458. Matters of privilege as intervening questions. | A matter of privilege arising out of any question, or from a quarrel between two Members, or any other cause, supersedes the consideration of the original question, and must be first disposed of. 2 Hats., 88. |
Sec. 460. Withdrawal of motions. | Leave asked to withdraw a motion. The rule of Parliament being that a motion made and seconded is in the possession of the House, and can not be withdrawn without leave, the very terms of the rule imply that leave may be given, and, consequently, may be asked and put to the question. |