« AnteriorContinuar »
82. 3 Grey 128. 4 Grey 328. 5 Grey 382. 6 Grey 254, 10 Grey 8. Whenever warm words, or an assault, have passed between members, the house, for the protection of their members, requires them to declare in their places not to prosecute any quarrel; 3 Grey 128, 293. 5 Grey 289. or orders them to attend the speaker, who is to accommodate their differences and report to the house ; 3 Grey 419. and they are put under restraint if they refuse, or until they do. 9 Grey 234, 312.
Disorderly words are not to be noticed till the member has finished his speech. 5 Grey 356. 6 Grey 60. Then the person objecting to them, and desiring them to be taken down by the clerk at the table, must repeat them. The speaker then may direct the clerk to take them down in his minutes. But if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the clerk to take them down, as stated by the objecting member. They are then part of his minutes, and when read to the offending member, he may deny they were his words, and the house must then decide by a question whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. If the house is satisfied, no farther proceeding is necessary. But if two members still insist to take the sense of the house, the member must withdraw, before that question is stated, and then the sense of the house is to be taken. 2 Hats. 199. 4 Grey 170. 6 Grey 59. When any member has spoken, or other business intervened after offensive words spoken, they cannot be taken notice of for censure. And this is for the common security of all, and to prevent mistakes which must happen if words are not taken down immediately. Formerly they might be taken
down any time the same day. 2 Hats. 196. Mem. in Hakew. 71. 3 Grey 48. 9 Grey 514.
Disorderly words spoken in a committee must be written down as in the house; but the committee can only report them to the house for animadversion. 6 Grey 46.
In parliament, to speak irreverently or seditiously against the king is against order. Smyth's Comu. L. 2. c. 3. 2 Hats. 170,
It is a breach of order in debate to notice what has been said on the same subject in the other house, or the particular votes or majorities on it there; because the opinion of each house should be left to its own independency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two houses. 8 Grey 22.
Neither house can exercise any authority over a member or officer of the other, but should complain to the house of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member of another house, it is difficult to obtain punishment, because of the rules supposed necessary to be observed (as to the immediate noting down of words) for the security of members. Therefore it is the duty of the house, and more particularly of the peaker, to interfere immediately and not to permit expressions to go unnoticed which may give a ground of complaint to the other house, and introduce proceedings and mutual accusations between the two houses, which can hardly be terminated without difficulty and disorder. 3 Hats. 51.
No member may be present when a bill or any business concerning himself is debating; nor is any member to speak to the merits of it till he withdraws. 2 Hats. 219. The rule is, that if a charge against a member arise out of a report of a committee, or examination of witnesses in the house, as the member knows from that to what points he is to direct his exculpation, he may be heard to those points, before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order, or matter arising in the debate, there the charge must be stated, that is, the question must be moved, himself heard, and then to withdraw. 2 Hats. 121, 122.
Where the private interests of a member are concerned in a bill or question, he is to withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary not only to the laws of decency, but to the fundamental principle of the social compact, which denies to any man to be a judge in his own cause, it is for the honor of the house that this rule, of immemorial observance, should be strictly adhered to. 2 Hats. 119, 121. 6 Grey 368.
No member is to come into the house with his head covered, nor to remove from one place to another with his hat on, nor is to put on his hat in coming in, or removing, until he be set down in his place. Scob. 6.
A question of order may be adjourned to give time to look into precedents. 2 Hats. 118.
In the assembly of New York, every question of order is to be decided by the Speaker.
A member called to order, shall immediately sit down, unless permitted to explain ; and the house, if appealed to, shall decide on the case, but without debate; if there be no appeal, the decision of the chair shall be submitted to. R. of A. 20.
In parliament, all decisions of the speaker may be controuled by the house. 3 Grey 319.
ORDERS OF THE HOUSE.
Of right, the door of the house ought not to be shut, but to be kept by porters, or sergeants at arms, assigned for that purpose. Mod. Ten. Parl. 23.
Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy.
The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. Const. Art. 1, Sec. 4.
Every order, resolution, and vote, to which the concurrence of the senate shall be necessary, shall be read to the house, and laid upon the table, on a day preceding that in which the same be moved, unless the house shall otherwise allow. R. of A. 16.
The order of the day shall have the preference to any motion before the house. R. of A.31.
By the rules of the senate of the United States, on motion made and seconded, to shut the doors of the se
nate on the discussion of any business which may in the opinion of a member require secrecy, the president shall direct the gallery to be cleared, and during the discussion of such motion, the doors shall remain shut. Rule 28.
No motion shall be deemed in order, to admit any person or persons whatever, within the doors of the senate chamber, to present any petition, memorial, or address, or to hear any such read. Rule 29.
The only case where a member has a right to insist on any thing is, where he calls for the execution of a subsisting ofder of the house. Here, there having been already a resolution, any member has a right to insist that the speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had
Thus any member has a right to have the house or gallery cleared of strangers, an order existing for that purpose; or to have the house told when there is not a quorum present. 2 Hats. 87, 129. How far an order of the house is binding, see Hakew. 392.
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.)
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 come 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 Ruff-head. Parliament, 1 Lev. 165. Prichard's case.
Where the constitution authorises 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 towards 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 processions, &c. These must be understood to be merely conventional among those who are willing to
ticipate in the ceremony, and are therefore, perhaps, improperly placed among the records of the house.
A petition prays something. A remonstrance has no prayer. 1 Grey 58.
Petitions must be subscribed by the petitioners, Scob. 87 L. Parl. c. 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 hand writing of the petitioner, and his name written in the beginning, was on the question (March 14, 1800) received by the United States senate. The averment of a member, or of somebody without doors, that they know the hand writing 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.
Petitions, memorials, and other papers, addressed to thehouse, shall be presented by the speaker, or by a meinber in his place. R. of A. 17.
On the meeting of the house, after the reading of the journal, the presentation of petitions shall be first in order; and it shall be the duty of the speaker to call for the same.
R. of A. 40. No private bill shall be brought into the house, but upon a petition signed by the parties who are suitors therefor, first presented. Ř. of A. 45.
Every member, previous to presenting a petition, shall endorse his name on the back of the same. R. of 1.51. Regularly a motion for receiving it must be made and