When any member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the house, or any particular member, but to the speaker, who calls him by his name, that the house may take notice who it is that speaks. Scob. 6. D'Ewes, 487. Col. 1. 2 Hats. 77. 4 Grey, 66. 8 Grey, 108. But members who are indisposed may be indulged to speak sitting. 2 Hats. 75, 77. 1 Grey, 195.

In Senate every member, when he speaks, shall address the chair standing in his place, and when he has finished shall sit down. Rule 3.

When a member stands up to speak, no question is to be put, but he is to be heard, unless the house overrule him. 4 Grey, 390. 5 Grey, 6, 143.

If two or more rise to speak nearly together the speaker determines who was first up, and calls him by name, whereupon he proceeds, unless he voluntarily sits down and gives way to the other. But sometimes the house does not acquiesce in the speaker's decision, in which case the question is put which member

was first up'? 2 Hats. 76. Scob. 7. D'Ewes 434. col. 1, 2.

In the Senate of the United States, the president's decision is without appeat. Their rule is in these words: when two members rise at the same time, the president shall name the person to speak; but in all cases the member first rising, shall speak first. Rule 5.

No man may speak more than once to the same bill on the same day; or even on another day if the debate be adjourned. But if it be read more than once in the same day, he may speak once at every reading. Co. 12, 116. Hakew. 148. Scob. 58. 2 Hats. 75. Even a change of opinion does not give a right to be heard a second time. Smyth Comw. L. 2. c. 3. Arcan. Parl. 17.

The corresponding rule of Senate is in these words: no member shall speak more than twice in any one debate on the same day, without leave of the Senate. Rule 4.

But he may be permitted to speak again to clear a matter of fact. 3 Grey, 357, 416. Or merely to explain himself. 2 Hats. 73. in some material part of his

speech, ib. 75. or to the manner or words of the question, keeping himself to that only and not travelling into the merits of it. Memorials in Hakew. 29. or to the orders of the house if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew. 30,

31.

But if the speaker rises to speak, the member standing up ought to sit down, that he may be first heard. Town. col. 205. Hale parl. 133. Mem. in Hakew. 30, 31. Nevertheless, though the speaker may of right speak to matters of order and be first heard, he is restrained from speaking on any other subject, except where the house have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38.

No one is to speak impertinently or beside the question, superfluously or tediously. Scob. 31, 33. 2 Hats, 166, 168. Hale parl. 133.

No person is to use indecent language against the proceedings of the house, no prior determination of which is to be reflected on by any member, unless he

means to conclude with a motion to rescind it. 2 Hats. 169, 170. Rushw. p. 3. v. 1. fol. 42. But while a proposition is under consideration, is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the house. 9 Grey, 508.

No person in speaking, is to mention a member then present by his name; but to describe him by his seat in the house, or who spoke last, or on the other side of the question, &c. Mem. in Hakew. 3. Smyth's Comw. L. 2. c. 3. nor to digress from the matter to fall upon the person. Scob. 31. Hale parl. 133. 2 Hats. 166. by speaking, reviling, nipping, or unmannerly words against a particular member. Smyth Coma. L. 2. c. 3. consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who propose or advocate it, is a personality, and against order. Qui digreditur a materia ad personam, Mr. speaker ought to suppress. Ord. Com. 1604. Apr. 19.

The

'When a member shall be called to order he shall sit down until the president

shall have determined whether he is in order or not. Rule 16.

No member shall speak to another, or otherwise interrupt the business of the Senate, or read any printed paper while the journals or public papers are reading, or when any member is speaking in any debate. Rule 2.

No one is to disturb another in his speech by hissing, coughing, spitting, 6 Grey, 332. Scob, 8. D'Ewes, 332. col. 1. 640. col. 2. speaking or whispering to another. Scob. 6. D'Ewes, 487. col. 1. nor to stand up or interrupt him. Town. col. 205. Mem. in Hakew. 31. nor to pass between the speaker and the speaking member, nor to go across the house. Scob. 6. or to walk up and down it, or to take books or papers from the table, or write there. 2 Hats. 171.

Nevertheless, if a member finds that it is not the inclination of the house to hear him, and that by conversation or any other noise they endeavour to drown his voice, it is his most prudent way to submit to the pleasure of the house, and sit down; for it scarcely ever happens that they are