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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 at 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.
The rule of the Senate says,-If a member be called to order for words spoken, the exceptionable words shall be immediately taken down in writing, that the President may be better enabled to judge.-Rule 17.
In Parliament, to speak irreverently or seditiously against the King, is against order.-Smyth's Comw. 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 Speaker, 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 them. 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 debate, there the matter 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 principles 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 the other with his hat on, nor is to put on his hat in coming in, or removing, until he be sit 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 Senate of the United States, every question of order is to be decided by the President, without debate; but if there be a doubt in his mind, he may call for the sense of the Senate.-Rule 16.
In Parliament, all decisions of the Speaker may be controlled by the House.-3 Grey, 319.
ORDERS OF THE HOUSE.
Or 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.
By the rule of the Senate, on motion made and seconded to shut the doors of the berate, 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 door 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 anything, is where he calls for the execution of a subsisting order 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 on it. 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 Ruffhead; Parliament, 1 Lev. 165, Prichard's case.
Where the Constitution authorizes each House to determine the rule 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 neces
sary towards their execution. But orders and resolutions are sometimes entered in their 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 participate 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 handwriting of the petitioner, and his name written in the beginning, was, on the question, (March 14, 1800,) received by the Senate. The averment of a member, or somebody without doors, that they know the handwriting 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.
Before any petition or memorial, addressed to the Senate, shall be received and read at the table, whether the same shall be introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer.—Rule 21.
Regularly a motion for receiving it must be made and seconded, and a question put, Whether it shall be received? But a cry from the House of "Received," or even its silence, dispenses with the formality of this question: it is then to be read at the table, and disposed of.
WHEN a motion has been made, it is not to be put to the question, or debated, until it is seconded.-Scob. 21.
The Senate say, No motion shall be debated until the same shall be seconded.
It is then, and not till then, in possession of the House. It is to be put into writing, if the House or Speaker require it, and must be read to the House by the Speaker, as often as any member desires it for his information.-2 Hats. 82.
The rule of the Senate is, When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President or any member, delivered in at the table, and read by the President before the same shall be debated.—Rule 7.
It might be asked, whether a motion for adjournment, or for the orders of the day, can be made by one member while another is speaking? It cannot. When two members offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, unless by calling him to order if he departs from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without arising and addressing the chair. Such calls are themselves breaches of order, which, though the member who has risen may respect as an expression of impatience of the House against farther debate, yet, if he chooses, he has a right to go on.
WHEN the House commands, it is by an "order." But facts, principles, their own opinions and purposes, are expressed in the form of resolutions.
A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the chair. But on appeal to the Senate, (i. e., a call for their sense by the President, on account of doubt in his mind, according to Rule 16,) the decision was overruled.—Journ. Sen., June 1, 1796. I presume the doubt was, whether an allowance of money could be made otherwise than by bill.