,,manual ,,of ,,parliamentary ,,practice4 ,,rules ,,of ,,proceeding ,,and ,,debate ,,in ,,deliberative ,,assemblies4 ,,by ,,luther ,s4 ,,cushing4 ,,revised ,,by ,,frances ,p4 ,,sullivan4 ,copyright1 #ahhg1 ,,by ,m4 ,j4 ,,ivers ,,co4 ,,new ,,york3 ,m4 ,j4 ,,ivers ,,co4 #cgi ,pearl ,street ,,author',s ,,statement4 ,the following treatise forms a part only of a much larger and more comprehensive work1 covering the whole ground of parliamentary law and practice1 which the author has for some time been engaged in preparing2 and which it is his intention to complete and publish1 as soon as possible4 ,in the mean time1 this little work has been compiled1 chiefly from the larger1 at the request of the publishers1 and to supply a want which was supposed to exist to a considerable extent4 ,the treatise1 now presented to the public1 is intended as a ,manual for ,deliberative ,assemblies of every description1 but more especially for those which are not legislative in their character2 though with the exception of the principal points1 in which legislative bodies differ from others1 namely1 the several different stages or readings of a bill1 and conferences and amendments between the two branches1 this work will be found equally useful in legislative assemblies as in others4 ,the only work which has hitherto been in general use in this country1 relating to the proceedings of legislative assemblies1 is the compilation originally prepared by ,mr4 ,jefferson1 when vice-president of the ,united ,states1 for the use of the body over which he presided1 and which is familiarly known as ,jefferson's ,manual4 ,this work1 having been extensively used in our legislative bodies1 and1 in some ,states1 expressly sanctioned by law1 may be said to form1 as it were1 the basis of the common parliamentary law of this country4 ,regarding it in that light1 the author of the following treatise has considered the principles and rules laid down by ,mr4 ,jefferson 7and which have been adopted by him chiefly from the elaborate work of ,mr4 ,hatsell7 as the established rules on this subject1 and has accordingly made them the basis of the present compilation1 with an occasional remark1 in a note1 by way of explanation or suggestion1 whenever he deemed it necessary4 ,members of legislative bodies1 who may have occasion to make use of this work1 will do well to bear in mind1 that it contains only what may be called the common parliamentary law2 which1 in every legislative assembly1 is more or less modified or controlled by special rules4 ,l4 ,s4 ,c4 ,boston1 ,november #a1 #ahdd4 ,,publisher',s ,,remarks4 ,this edition of ,cushing's ,manual of ,parliamentary ,practice has annotations1 etc41 not to be found in any other edition of the ,manual4 ,the old edition of course could not be improved upon1 but there were several passages in which the meaning could be brought out plainer by notes illustrating them4 ,this has been done1 and the reader will find that the notes will assist him materially4 ,in addition the ,constitution of the ,united ,states has been added1 and as not a few references are made to it in the ,manual1 it will be found to be an addition to the book not to be despised4 ,,table ,,of ,,contents4 ,,page ,,introduction #i ,,chapter ,i4--,of ,certain ,preliminary ,matters #bj ,sect4 ,i4 ,quorum #bj ,sect4 ,,ii4 ,rules and ,orders #bb ,sect4 ,,iii4 ,time of ,meeting #bc ,sect4 ,,iv4 ,principle of ,decision #bd ,,chapter ,,ii4--,of the ,officers #be ,sect4 ,i4 ,the ,presiding ,officer #bf ,sect4 ,,ii4 ,the ,recording ,officer #bh ,,chapter ,,iii4--,of the ,rights and ,duties of ,members #cj ,,chapter ,,iv4--,of the ,introduction of ,business #cd ,,chapter ,v4--,of ,motions in ,general #db ,,chapter ,,vi4--,of ,motions ,to ,suppress #de ,sect4 ,i4 ,previous ,question #df ,sect4 ,,ii4 ,indefinite ,postponement #ej ,,chapter ,,vii4--,of ,motions ,to ,postpone #ea ,,chapter ,,viii4--,of ,motions ,to ,commit #eb ,,chapter ,,ix4--,of ,motions to ,amend #ed ,sect4 ,i4 ,division of a ,question #ee ,sect4 ,,ii4 ,filling ,blanks #eg ,sect4 ,,iii4 ,addition--,separation--,transposition #fj ,sect4 ,,iv4 ,modification1 etc41 by the ,mover #fa ,sect4 ,v4 ,general ,rules relating to ,amendments #fb ,sect4 ,,vi4 ,amendments1 by striking out #fe ,sect4 ,,vii4 ,amendments1 by inserting #fi ,sect4 ,,viii4 ,amendments1 by striking out and inserting #ga ,sect4 ,,ix4 ,amendments1 changing the nature of a question #gd ,,chapter ,x4--,of the ,order and ,succession of ,questions #gi ,sect4 ,i4 ,privileged ,questions #hj ,adjournment #ha ,questions of ,privilege #hb ,orders of the ,day #hc ,sect4 ,,ii4 ,incidental ,questions #hf ,questions of ,order #hf ,reading of ,papers #hh ,withdrawal of a ,motion #ia ,suspension of a ,rule #ia ,amendment of ,amendments #ib ,sect4 ,,iii4 ,subsidiary ,questions #ic ,lie on the ,table #ie ,previous ,question #if ,postponement #ig ,commitment #ih ,amendment #ii ,,chapter ,,xi4--,of the ,order of ,proceeding #aja ,,chapter ,,xii4--,of ,order in ,debate #ajh ,sect4 ,i4 ,as to the ,manner of ,speaking #aji ,sect4 ,,ii4 ,as to the ,matter in ,speaking #aab ,sect4 ,,iii4 ,as to ,times of ,speaking #aae ,sect4 ,,iv4 ,as to ,stopping ,debate #aag ,sect4 ,v4 ,as to ,decorum in ,debate #aai ,sect4 ,,vi4 ,as to ,disorderly ,words #abj ,,chapter ,,xiii4--,of the ,question #abd ,,chapter ,,xiv4--,of ,reconsideration #ace ,,chapter ,,xv4--,of ,committees #ach ,sect4 ,i4 ,their ,nature and ,functions #ach ,sect4 ,,ii4 ,their ,appointment #ada ,sect4 ,,iii4 ,their ,organization1 etc4 #ade ,sect4 ,,iv4 ,their ,report #aej ,sect4 ,v4 ,committee of the ,whole #aee ,,concluding ,,remarks #afa ,,constitution ,,of ,,the ,,united ,,states #afe ,,parliamentary ,,practice4 ,,introduction4 #a4 ,the purposes1 whatever they may be1 for which a deliberative assembly of any kind is constituted1 can only be effected by ascertaining the sense or will of the assembly1 in reference to the several subjects submitted to it1 and by embodying that sense or will in an intelligible1 authentic1 and authoritative form4 ,to do this1 it is necessary1 in the first place1 that the assembly should be properly constituted and organized2 and1 secondly1 that it should conduct its proceedings according to certain rules1 and agreeably to certain forms1 which experience has shown to be the best adapted to the purpose4 #b4 ,some deliberative assemblies1 especially those which consist of permanently established bodies1 such as municipal and other corporations1 are usually constituted and organized1 at least1 in part1 in virtue of certain legal provisions2 while others1 of an occasional or temporary character1 such as conventions and political meetings1 constitute and organize themselves on their assembling together for the purposes of their appointment4 #c4 ,the most usual and convenient mode of organizing a deliberative assembly is the following3--,the members being assembled together1 in the place1 and at the time appointed for their meeting1 one of them addressing himself to the others1 requests them to come to order2 the members thereupon seating themselves1 and giving their attention to him1 he suggests the propriety and necessity of their being organized1 before proceeding to business1 and requests the members to nominate some person to act as chairman of the meeting2 a name or names being thereupon mentioned1 he declares that such a person 7whose name was first heard by him7 is nominated for chairman1 and puts a question that the person so named be requested to take the chair4 ,if this question should be decided in the negative1 another nomination is then to be called for1 and a question put upon the name mentioned 7being that of some other person7 as before1 and so on until a choice is effected4 ,when a chairman is elected1 he takes the chair1 and proceeds in the same manner to complete the organization of the assembly1 by the choice of a secretary and such other officers1 if any1 as may be deemed necessary4 #d4 ,an organization1 thus effected1 may be1 and frequently is1 sufficient for all the purposes of the meeting2 but if1 for any reason1 it is desired to have a greater number of officers1 or to have them selected with more deliberation1 it is the practice to organize temporarily1 in the manner above mentioned1 and then to refer the subject of a permanent organization1 and the selection of persons to be nominated for the several offices1 to a committee2 upon whose report1 the meeting proceeds to organize itself1 conformably thereto1 or in such other manner as it thinks proper4 8,in ,congress1 and all the lower houses of the ,state legislatures1 and a few of the ,state senates1 the presiding officer is called the ,speaker2 while in the ,united ,states ,senate and a number of ,state senates the name ,president is used40--,ed4 #e4 ,the presiding officer is usually denominated the president1 and the recording officer1 the secretary2 though1 sometimes1 these officers are designated1 respectively1 as the chairman and clerk4 ,it is not unusual1 besides a president1 to have one or more vice-presidents2 who take the chair1 occasionally1 in the absence of the president from the assembly1 or when he withdraws from the chair to take part in the proceedings as a member2 but who1 at other times1 though occupying seats with the president1 act merely as members4 ,it is frequently the case1 also1 that several persons are appointed secretaries1 in which case1 the first named is considered as the principal officer4 ,all the officers are1 ordinarily1 members of the assembly#a2 and1 as such1 entitled to participate in the proceedings2 except that the presiding officer does not usually engage in the debate1 and votes only when the assembly is equally divided4 #f4 ,in all deliberative assemblies1 the members of which are chosen or appointed to represent others1 it is necessary1 before proceeding to business1 to ascertain who are duly elected and returned as members2 in order not only that no person may be admitted to participate in the proceedings who is not regularly authorized to do so1 but also that a list of the members may be made for the use of the assembly and its officers4 #g4 ,the proper time for this investigation is after the temporary and before the permanent organization2 or1 when the assembly is permanently organized1 in the first instance1 before it proceeds to the transaction of any other business2 and the most convenient mode of conducting it is by the appointment of a committee1 to receive and report upon the credentials of the members4 ,the same committee may also be charged with the investigation of rival claims1 where any such are presented4 #h4 ,when a question arises1 involving the right of a member to his seat1 such member is entitled to be heard on the question1 and he is then to withdraw from the assembly until it is decided2 but if1 by the indulgence of the assembly1 he remains in his place1 during the discussion1 he ought neither to take any further part in it1 nor to vote when the question is proposed2 it being a fundamental rule of all deliberative assemblies1 that those members1 whose rights as such are not yet set aside1 constitute a judicial tribunal to decide upon the cases of those whose rights of membership are called in question4 ,care should always be taken1 therefore1 in the selection of the officers1 and in the appointment of committees1 to name only those persons whose rights as members are not objected to4 #i4 ,the place where an assembly is held being in its possession1 and rightfully appropriated to its use1 no person is entitled to be present therein1 but by the consent of the assembly2 and1 consequently1 if any person refuse to withdraw1 when ordered to do so1 or conduct himself in a disorderly or improper manner1 the assembly may unquestionably employ sufficient force to remove such person from the meeting4 #aj4 ,every deliberative assembly1 by the mere fact of its being assembled and constituted1 does thereby necessarily adopt and become subject to those rules and forms of proceeding1 without which it would be impossible for it to accomplish the purposes of its creation4 ,it is perfectly competent1 however1 for every such body--and where the business is of considerable interest and importance1 or likely to require some time for its accomplishment1 it is not unusual--to adopt also certain special rules for the regulation of its proceedings4 ,where this is the case1 these latter supersede the ordinary parliamentary rules1 in reference to all points to which they relate2 or add to them in those particulars in reference to which there is no parliamentary rule2 leaving what may be called the common parliamentary law in full force in all other respects4 #aa4 ,the rules of parliamentary proceedings in this country are derived from1 and essentially the same with1 those of the ,british parliament2 though1 in order to adapt these rules to the circumstances and wants of our legislative assemblies1 they have1 in some few respects1 been changed1--in others1 differently applied1--and in others1 again1 extended beyond their original intention4 ,to these rules1 each legislative assembly is accustomed to add a code of its own1 by which1 in conjunction with the former1 its proceedings are regulated4 ,the rules1 thus adopted by the several legislative assemblies1 having been renewed in successive legislatures1--with such extensions1 modifications and additions as have been from time to time1 thought necessary1--the result is1 that a system of parliamentary rules has been established in each ,state1 different in some particulars from those of every other ,state1 but yet founded in and embracing all the essential rules of the common parliamentary law4 #ab4 ,the rules of proceeding1 in each ,state1 being of course best known by the citizens of that ,state1 it has sometimes happened in deliberative assemblies1 that the proceedings have been conducted not merely according to the general parliamentary law1 but also in conformity with the peculiar system of the ,state in which the assembly was sitting1 or of whose citizens it was composed4 ,this1 however1 is erroneous2 as no occasional assembly can ever be subject to any other rules1 than those which are of general application1 or which it specially adopts for its own government2 and the rules adopted and practised upon by a legislative assembly do not thereby acquire the character of general laws4 #ac4 ,the judgment1 opinion1 sense1 or will of a deliberate assembly is expressed1 according to the nature of the subject1 either by a resolution1 order1 or vote4 ,when it commands1 it is by an order2 but facts1 principles1 its own opinions1 or purposes1 are most properly expressed in the form of a resolution2 the term vote may be applied to the result of every question decided by the assembly4 ,in whatever form1 however1 a question is proposed1 or by whatever name it may be called1 the mode of proceeding is the same4 #ad4 ,the judgment or will of any number of persons1 considered as an aggregate body1 is that which is evidenced by the consent or agreement of the greater number of them2 and the only mode by which this can be ascertained1 in reference to any particular subject1 is for some one of them to begin by submitting to the others a proposition1 expressed in such a form of words1 that1 if assented to by the requisite number1 it will purport to express the judgment or will of the assembly4 ,this proposition will then form a basis for the further proceedings of the assembly2 to be assented to1 rejected1 or modified1 according as it expresses or not1 or may be made to express the sense of a majority of the members4 ,the different proceedings which take place1 from the first submission of a proposition1 through all the changes it may undergo1 until the final decision of the assembly upon it1 constitute the subject of the rules of debate and proceeding in deliberative assemblies4 #ae4 ,if the proceedings of a deliberative assembly were confined to the making of propositions by the individual members1 and their acceptance or rejection by the votes of the assembly1 there would be very little occasion for rules in such a body4 ,but this is not the case4 ,the functions of the members are not limited to giving an affirmative or negative to such questions as are proposed to them4 ,when a proposition is made1 if it be not agreed to or rejected at once1 the assembly may be unwilling to consider and act upon it at all2 or it may wish to postpone the consideration of the subject to a future time2 or it may be willing to adopt the proposition with certain modifications2 or1 lastly1 approving the subject-matter1 but finding it presented in so crude1 imperfect1 or objectionable a form1 that it cannot in that state be considered at all1 the assembly may desire to have the proposition further examined and digested1 before being presented4 ,in order to enable the assembly to take whichever of the courses above indicated it may think proper1 and then to dispose of every proposition in a suitable manner1 certain motions or forms of question have been invented1 which are perfectly adapted for the purpose1 and are in common use in all deliberative assemblies4 #a4 ,in legislative bodies1 the clerk is seldom or never a member2 and1 in some1 the presiding officer is not a member2 as1 for example1 in the ,senate of the ,united ,states1 the ,senate of ,new ,york1 and in some other ,state senates4 ,,chapter ,i4 ,,of ,,certain ,,preliminary ,,matters4 #af4 ,before entering upon the subject of the forms and rules of proceeding1 in the transaction of business1 it will be convenient to consider certain matters of a preliminary nature1 which are more or less essential to the regularity1 dispatch1 and efficiency of the proceedings4 ,section ,i4 ,quorum4#b #ag4 ,in all councils1 and other collective bodies of the same kind1 it is necessary1 that a certain number1 called a quorum1 of the members1 should meet and be present1 in order to the transaction of business4 ,this regulation has been deemed essential to secure fairness of proceedings2 and to prevent matters from being concluded in a hasty manner1 or agreed to by so small a number of the members1 as not to command a due and proper respect4 #ah4 ,the number necessary to constitute a quorum of any assembly may be fixed by law1 as is the case with most of our legislative assemblies2 or by usage1 as in the ,english ,house of ,commons2 or it may be fixed by the assembly itself2 but if no rule is established on the subject1 in any of these ways1 a majority of the members composing the assembly is the requisite number4 #ai4 ,no business can regularly be entered upon until a quorum is present2 nor can any business be regularly proceeded with when it appears that the members present are reduced below that number2 consequently1 the presiding officer ought not to take the chair until the proper number is ascertained to be present2 and if1 at any time1 in the course of the proceedings1 notice is taken that a quorum is not present1 and1 upon the members being counted by the presiding officer1 such appears to be the fact1 the assembly must be immediately adjourned4#c ,sect4 ,,ii4 ,rules and ,orders4 #bj4 ,every deliberative assembly1 as has already been observed1 is1 by the fact alone of its existence1 subject to those rules of proceeding1 without which it could not accomplish the purposes of its creation4 ,it may also provide rules for itself1 either in the form of a general code established beforehand1 or by the adoption1 from time to time1 during its sitting1 of such special rules as it may find necessary4 #ba4 ,when a code of rules is adopted beforehand1 it is usual also to provide therein as to the mode in which they may be amended1 repealed1 or dispensed with4 ,where there is no such provision1 it will be competent for the assembly to act at any time1 and in the usual manner1 upon questions of amendment or repeal2 but in reference to dispensing with a rule1 or suspending it1 in a particular case1 if there is no express provision on the subject1 it seems that it can only be done by general consent4#d #bb4 ,when any of the rules1 adopted by the assembly1 or in force1 relative to its manner of proceeding1 is disregarded or infringed1 every member has the right to take notice thereof and to require that the presiding officer1 or any other whose duty it is1 shall carry such rule into execution2 and1 in that case1 the rule must be enforced1 at once1 without debate or delay4 ,it is then too late to alter1 repeal1 or suspend the rule2 so long as any one member insists upon its execution1 it must be enforced4 ,sect4 ,,iii4 ,time of ,meeting4 #bc4 ,every assembly1 which is not likely to finish its business at one sitting1 will find it convenient to come to some order or resolution beforehand1 as to the time of reassembling1 after an adjournment2 it being generally embarrassing to fix upon the hour for this purpose1 at the time when the sitting is about to close1 and in connection with the motion to adjourn4 ,sect4 ,,iv4 ,principle of ,decision4 #bd4 ,the principle1 upon which the decisions of all aggregate bodies1 such as councils1 corporations1 and deliberative assemblies1 are made1 is that of the majority of votes or suffrages2 and this rule holds not only in reference to questions and subjects1 which admit only of an affirmative on one side1 and a negative on the other1 but also in reference to elections in which more than two persons may receive the suffrages4 #be4 ,but this rule may be controlled by a special rule in reference to some particular subject or question2 by which any less number than a majority may be admitted1 or any greater number required to express the will of the assembly4 ,thus1 it is frequently provided1 in legislative assemblies1 that one third or one fourth only of the members shall be sufficient to require the taking of a question by yeas and nays1#e and1 on the other hand1 that no alteration shall take place in any of the rules and orders1 without the consent of at least two thirds1 or even a larger number4 #b4 8,the term quorum 7literally1 of whom7 is one of the words used in ,england in the ,latin form of the commission to justices of the peace4 ,the part of the document wherein the word occurs reads thus3 #8,we have assigned you1 and every two or more of you1 quorum aliquem vestrum1 ,a1 ,b1 ,c1 ,d1 etc41 unum esse volumus4--i4e4 of whom we will that any of you ,a1 ,b or ,c1 etc41 shall be one4' ,this made it necessary that certain individuals1 who1 in the language of the commission1 were said to be of the quorum1 should be present during the transaction of business40--,blackstone's ,commentaries1 ,i4 #ceb4 #c4 8,some legislative bodies have by law given a smaller number than a quorum the power to compel the attendance of absent members40--,ed4 #d4 8,a motion to suspend the rules is not debatable40--,ed4 #e4 8,in the ,united ,states1 the number of members competent to demand that a question be taken by yeas and nays1 is decided for ,congress and for ,state legislatures by constitutional provision4 ,in the ,constitution of the ,united ,states1 the number is one fifth2 some of the ,state constitutions give this power to one fifth1 some to three members2 some to two1 and some to one40--,ed4 ,,chapter ,,ii4 ,,of ,,the ,,officers4 #bf4 ,the usual and necessary officers of a deliberative assembly are those already mentioned1 namely1 a presiding1 and a recording1 officer2 both of whom are elected or appointed by the assembly itself1 and removable at its pleasure4 ,these officers are always to be elected by absolute majorities1 even in those ,states in which elections are usually effected by a plurality1 for the reason1 that1 being removable at the pleasure of the assembly1 if any number short of a majority were to elect1 a person elected by any such less number would not be able to retain his office for a moment2 inasmuch as he might be instantly removed therefrom1 on a question made for that purpose1 by the votes of those who had voted for other persons on the election2 and it is essential to the due and satisfactory performance of the functions of these officers1 that they should possess the confidence of the assembly1 which they cannot be said to do1 unless they have the suffrages of at least a majority4 ,sect4 ,i4 ,the ,presiding ,officer4 #bg4 ,the principal duties of this officer are the following3-- ,to open the sitting1 at the time to which the assembly is adjourned1 by taking the chair and calling the members to order2 ,to announce the business before the assembly in the order in which it is to be acted upon2 ,to receive and submit1 in the proper manner1 all motions and propositions presented by the members2 ,to put to vote all questions1 which are regularly moved1 or necessarily arise in the course of the proceedings1 and to announce the result2 ,to restrain the members1 when engaged in debate1 within the rules of order2 ,to enforce on all occasions the observance of order and decorum among the members2 ,to receive all messages and other communications and announce them to the assembly2 ,to authenticate1 by his signature1 when necessary1 all the acts1 orders1 and proceedings of the assembly2 ,to inform the assembly1 when necessary1 or when referred to for the purpose1 in a point of order or practice2 ,to name the members 7when directed to do so in a particular case1 or when it is made a part of his general duty by a rule17 who are to serve on committees2 and1 in general1 ,to represent and stand for the assembly1 declaring its will1 and1 in all things1 obeying implicitly its commands4 #bh4 ,if the assembly is organized by the choice of a president1 and vice-presidents1 it is the duty of one of the latter to take the chair1 in case of the absence of the president from the assembly1 or of his withdrawing from the chair for the purpose of participating in the proceedings4 #bi4 ,where but one presiding officer is appointed1 in the first instance1 his place can only be supplied1 in case of his absence1 by the appointment of a president or chairman pro tempore2 and1 in the choice of this officer1 who ought to be elected before any other business is done1 it is the duty of the secretary to conduct the proceedings4 #cj4 ,the presiding officer may read sitting1 but should rise to state a motion1 or put a question to the assembly4 ,sect4 ,,ii4 ,the ,recording ,officer4 #ca4 ,the principal duties of this officer consists in taking notes of all the proceedings and in making true entries in his journal of all 8the things done and past0 in the assembly2 but he is not1 in general1 required to take minutes of 8particular men's speeches10 or to make entries of things merely proposed or moved1 without coming to a vote4 ,he is to enter what is done and past1 but not what is said or moved4 ,this is the rule in legislative assemblies4 ,in others1 though the spirit of the rule ought to be observed1 it is generally expected of the secretary1 that his record shall be both a journal and in some sort a report of the proceedings4 #cb4 ,it is also the duty of the secretary to read all papers1 etc41 which may be ordered to be read2 to call the roll of the assembly1 and take note of those who are absent1 when a call is ordered2 to call the roll and note the answers of the members1 when a question is taken by yeas and nays2 to notify committees of their appointment and of the business referred to them2 and to authenticate by his signature 7sometimes alone and sometimes in conjunction with the president7 all the acts1 orders1 and proceedings of the assembly4 #cc4 ,the clerk is also charged with the custody of all the papers and documents of every description1 belonging to the assembly1 as well as the journal of its proceedings1 and is to let none of them be taken from the table by any member or other person1 without the leave or order of the assembly4 #cd4 ,when but a single secretary or clerk is appointed1 his place can only be supplied1 during his absence1 by the appointment of some one to act pro tempore4 ,when several persons are appointed1 this inconvenience is not likely to occur4 #ce4 ,the clerk should stand while reading or calling the assembly4 ,,chapter ,,iii4 ,,of ,,the ,,rights ,,and ,,duties ,,of ,,the ,,members4 #cf4 ,the rights and duties of the members of a deliberative assembly1 as regards one another1 are founded in and derived from the principle of their absolute equality among themselves4 ,every member1 however humble he may be1 has the same right with every other1 to submit his propositions to the assembly1--to explain and recommend them in discussion1--and to have them patiently examined and deliberately decided upon by the assembly2 and1 on the other hand1 it is the duty of every one so to conduct himself1 both in debate and in his general deportment in the assembly1 as not to obstruct any other member1 in the enjoyment of his equal rights4 ,the rights and duties of the members require to be explained only in reference to words spoken in debate 7whether spoken of a member or otherwise7 and to general deportment4 ,the first will be most conveniently noticed in the chapter on debate2 the other will be considered in this place4 #cg4 ,the observance of decorum1 by the members of a deliberative assembly1 is not only due to themselves and to one another1 as gentlemen assembled together to deliberate on matters of common importance and interest1 but is also essential to the regular and satisfactory proceeding of such an assembly4 ,the rules on this subject1 though generally laid down with reference to decorum in debate1 are equally applicable whether the assembly be at the time engaged in debate or not2 and1 therefore1 it may be stated1 generally1 that no member is to disturb another1 or the assembly itself1 by hissing1 coughing1 or spitting2 by speaking or whispering to other members2 by standing up to the interruption of others2 by passing between the presiding officer and a member speaking2 going across the assembly room1 or walking up and down in it2 taking books or papers from the table1 or writing there4 #ch4 ,all these breaches of decorum are doubtless aggravated by being committed while the assembly is engaged in debate1 though equally contrary to the rules of propriety1 under any other circumstances4 ,assaults1 by one member upon another1--threats1--challenges1--affrays 1 etc41 are also high breaches of decorum4 #ci4 ,it is also a breach of decorum for a member to come into the assembly room with his head covered1 or to remove from one place to another with his hat on1 or to put his hat on in coming in or removing1 or until he has taken his seat2 and1 in many assemblies1 especially those which consist of a small number of members1 it is not the custom to have the head covered at all4 #dj4 ,in all instances of irregular and disorderly deportment it is competent for every member1 and is the special duty of the presiding officer1 to complain to the assembly1 or to take notice of the offence1 and call the attention of the assembly to it4 ,when a complaint of this kind is made by the presiding officer1 he is said to name the member offending2 that is1 he declares to the assembly1 that such a member1 calling him by name1 is guilty of certain irregular or improper conduct4 ,the member1 who is thus charged with an offence against the assembly1 is entitled to be heard in his place in exculpation1 and is then to withdraw4 ,being withdrawn1 the presiding officer states the offence committed1 and the assembly proceeds to consider of the degree and amount of punishment to be inflicted4 ,the assembly may allow the member complained of to remain1 when he offers to withdraw2 or1 on the other hand1 it may require him to withdraw1 if he do not offer to do so of his own accord4 ,the proceedings are similar1 when the complaint is made by a member1 except that the offence is stated by such member1 instead of being stated by the presiding officer4 #da4 ,no member ought to be present in the assembly1 when any matter of business concerning himself is debating2 nor1 if present1 by the indulgence of the assembly1 ought he to vote on any such question4 ,whether the matter in question concern his private interest1 or relate to his conduct as a member1--as for a breach of order1 or1 for matter arising in debate1--as soon as it is fairly before the assembly1 the member is to be heard in exculpation and then to withdraw1 until the matter is settled4 ,if1 notwithstanding1 a member should remain in the assembly and vote1 his vote may and ought to be disallowed2 it being contrary1 not only to the laws of decency1 but to the fundamental principle of the social compact1 that a man should sit and act as a judge in his own case4 #db4 ,the only punishments1 which can be inflicted upon its members by a deliberative assembly of the kind now under consideration1 consist of reprimanding1--exclusion from the assembly1--a prohibition to speak or vote1 for a specified time1--and expulsion2 to which are to be added such other forms of punishment1 as by apology1 begging pardon1 etc41 as the assembly may see fit to impose1 and to require the offender to submit to1 on pain of expulsion4 ,,chapter ,,iv4 ,,of ,,the ,,introduction ,,of ,,business4 #dc4 ,the proceedings of a deliberative assembly1 in reference to any particular subject1 are ordinarily set in motion1 in the first instance1 by some one of the members either presenting a communication from persons not members1 or himself submitting a proposition to the assembly4 #dd4 ,communications made to the assembly are of two kinds1 namely1 those which are merely for its information in matters of fact1 and those which contain a request for some action on the part of the assembly1 either of a general nature1 or for the benefit of an individual4 ,the latter only1 as they alone constitute a foundation for future proceedings1 require to be noticed4 #de4 ,propositions made by members are drawn up and introduced1 by motion1 in the form which they are intended by the mover to bear1 as orders1 resolutions1 or votes1 if they should be adopted by the assembly4 ,these propositions1 of whatever nature they may be1 are usually denominated motions1 until they are adopted2 they then take the name which properly belongs to them4 #df4 ,when a member has occasion to make any communication whatever to the assembly1--whether to present a petition or other paper1 or to make or second a motion of any kind1 or merely to make a verbal statement1--as well as when one desires to address the assembly in debate1 he must in the first place1 as the expression is1 8obtain the floor0 for the purpose he has in view4 ,in order to do this1 he must rise in his place1#f and1 standing uncovered1 address himself to the presiding officer1 by his title2 the latter1 on hearing himself thus addressed1 calls to the member by his name2 and the member may then1 but not before1 proceed with his business4 #dg4 ,if two or more members rise and address themselves to the presiding officer1 at the same time1 or nearly so1 he should give the floor to the member1 whose voice he first heard4 ,if his decision should not be satisfactory1 any member may call it in question1 saying that in his opinion such a member 7not the one named7 was first up1 and have the sense of the assembly taken thereon1 as to which of the members should be heard4 ,in this case1 the question should be first taken upon the name of the member announced by the presiding officer2 and1 if this question should be decided in the negative1 then upon the name of the member for whom the floor was claimed in opposition to him4 #dh4 ,the mode of proceeding upon such communications from persons not members1 as are above alluded to1 may be explained by that adopted on the presentation of a petition1 which may be considered as the representative of the whole class to which it belongs4 #di4 ,a petition1 in order to be received1 should be subscribed by the petitioner himself1 with his own hand1 either by name or mark1 except in case of inability from sickness1 or because the petitioner is attending in person2 and should be presented or offered1 not by the petitioner himself1 but by some member to whom it is intrusted for that purpose4 #ej4 ,the member1 who presents a petition1 should previously have informed himself of its contents1 so as to be able to state the substance of it1 on offering it to the assembly1 and also to be prepared to say1 if any question should be made1 that in his judgment it is couched in proper language1 and contains nothing intentionally disrespectful to the assembly4 #ea4 ,being thus prepared1 the member rises in his place1 with the petition in his hand1 and informs the assembly that he has a certain petition1 stating the substance of it1 which he thereupon presents or offers to the assembly1 and1 at the same time1 moves 7which1 however1 may be done by any other member7 that it be received2 the motion being seconded1 the question is put whether the assembly will receive the petition or not4 ,this is the regular course of proceeding2 but1 in practice there is seldom any question made on receiving a petition2 the presiding officer usually taking it for granted1 that there is no objection to the reception1 unless it be stated4 ,if1 however1 any objection is made to a petition1 before it has been otherwise disposed of1 the presiding officer ought to retrace his steps and require a motion of reception to be regularly made and seconded4 #eb4 ,if the question of reception is determined in the affirmative1 the petition is brought up to the table by the member presenting it2 and is there read as of course by the clerk4 ,it is then regularly before the assembly1 to be dealt with as it thinks proper2 the usual course being either to proceed to consider the subject of it immediately1 or to assign some future time for its consideration1 or to order it to lie on the table for the examination and consideration of the members individually4 #ec4 ,whenever a member introduces a proposition of his own1 for the consideration of the assembly1 he puts it into the form he desires it should have1 and then moves that it be adopted as the resolution1 order1 or vote of the assembly4 ,if this proposition so far meets the approbation of other members1 that one of them rises in his place and seconds it1 it may then be put to the question2 and the result1 whether affirmative or negative1 becomes the judgment of the assembly4 #ed4 ,a motion must be submitted in writing2 otherwise the presiding officer will be justified in refusing to receive it2 he may do so1 however1 if he pleases1 and is willing to take the trouble himself to reduce it to writing4 ,this rule extends only to principal motions1 which1 when adopted1 become the act and express the sense of the assembly2 but not to subsidiary or incidental motions#g which merely enable the assembly to dispose of the former in the manner it desires1 and which are always in the same form4 ,in the case of a motion to amend1 which is a subsidiary motion1 the rule admits of an exception1 so far as regards the insertion of additional words1 which1 as well as the principal motion1 must be in writing4 #ee4 ,a motion must also be seconded1 that is1 approved by some one member1 at least1 expressing his approval by rising and saying1 that he seconds the motion2 and if a motion be not seconded1 no notice whatever is to be taken of it by the presiding officer2 though1 in practice1 very many motions1 particularly those which occur in the ordinary routine of business1 are admitted without being seconded4 ,this rule applies as well to subsidiary as principal motions4 ,the seconding of a motion seems to be required1 on the ground1 that the time of the assembly ought not to be taken up by a question1 which1 for anything that appears1 has no one in its favor but the mover4 ,there are some apparent exceptions to this rule1 which will be stated hereafter1 in those cases1 in which one member alone has the right of instituting or giving direction to a particular proceeding2 and an actual exception is sometimes made by a special rule1 requiring certain motions to be seconded by more than one member4 #ef4 ,when a motion has been made and seconded1 it is then to be stated by the presiding officer to the assembly1 and thus becomes a question for its decision2 and1 until so stated1 it is not in order for any other motion to be made1#h or for any member to speak to it2 but1 when moved1 seconded1 and stated from the chair1 a motion is in the possession of the assembly1 and cannot be withdrawn by the mover1 but by special leave of the assembly1 which must be obtained by a motion made and seconded as in other cases4 #eg4 ,when a motion is regularly before the assembly1 it is the duty of the presiding officer to state it if it be not in writing1 or to cause it to be read1 if it be1 as often as any member desires to have it stated or read for his information4 #eh4 ,when a motion or proposition is regularly before the assembly1 no other motion can be received1 unless it be one which is previous in its nature to the question under consideration1 and consequently entitled to take its place for the time being1 and be first decided4 #f4 ,in the house of representatives of ,massachusetts1 where each member's seat is regularly assigned to him1 and numbered1 it has been found useful1 in deciding upon the claims of several competitors for the floor1 to prefer one who rises in his place1 to a member who addresses the speaker from the area1 the passageways1 or the seat of any other member4 #g4 ,such as1 to adjourn1--lie on the table1--for the previous question1--for postponement1--commitment1 etc4 #h4 8,a member can make but one motion at a time4 ,the contrary has been allowed in ,congress1 and has grown to be a common usage2 e4g41 as1 when a member makes a motion1 and then moves in the same breath that his own motion be laid on the table4 ,this is a great abuse2 and the bad example of ,congress should not be followed by other assemblies4 ,in such a case1 the presiding officer should entertain the former motion1 and treat the latter as if it had not been made40 ,,chapter ,v4 ,,of ,,motions ,,in ,,general4 #ei4 ,when a proposition is made to a deliberative assembly1 for its adoption1 the proposition may be in such a form as to be put to the question1 and the assembly may be in such a state as to be willing to come to a decision upon it1 at once2 and when this is the case1 nothing more can be necessary than to take the votes of the members1 and ascertain the result4 ,but a different state of things may and commonly does exist2 the assembly may prefer some other course of proceeding to an immediate decision of the question in the form in which it is presented2 and1 as it is proper1 that every parliamentary body should have the means of fitly disposing of every proposition which may be made to it1 certain forms of question have from time to time been invented1 and are now in general use1 for that purpose4 ,these forms of question may properly be called subsidiary1 in order to distinguish them from the principal motion or question to which they relate4 #fj4 ,the different states of mind1 in which a proposition may be received by a deliberative assembly1 and the corresponding forms of proceeding1 or subsidiary motions1 to which they give rise1 in order to ascertain the sense of the assembly1 are the following3 ,first4 ,the assembly may look upon the proposition as useless or inexpedient2 and may therefore desire to suppress it1 either for a time1 or altogether4 ,the subsidiary motions1 for this purpose1 are the previous question1 and indefinite postponement4 ,second4 ,the assembly may be willing to entertain and consider of a proposition1 but not at the time when it is made2 either because more information is wanted by the members individually2 or because they desire further time for reflection and examination3 or because the assembly is then occupied with some other matter1 which has more pressing claims upon its present attention4 ,the usual motions1 under such circumstances1 are postponement to some future day or time1 and to lie on the table4 ,third4 ,the subject-matter of a proposition may be regarded with favor1 but the form in which it is introduced may be so defective1 that a more careful and deliberate consideration1 than can conveniently be given to it in the assembly itself1 may be necessary to put it into a satisfactory form4 ,in this case1 it is most proper to refer the proposition to a committee4 ,fourth4 ,the proposition may be acceptable1 and the form in which it is presented so far satisfactory1 that the assembly may be willing to consider and act upon it1 with such alterations and amendments as may be thought proper4 ,the motion adapted to this case is to amend4 #fa4 ,it is not to be supposed that the subsidiary motions above specified are the only ones that have at any time been adopted or used2 or that it is not competent to a deliberative assembly to frame new motions at pleasure2 but these are the forms in most common use1 and are entirely sufficient for all practical purposes4#i ,neither is it to be supposed1 that these motions are always applied strictly to the cases to which they most appropriately belong2 several of them are frequently used to effect purposes1 for which others would be more proper4 ,these misapplications will be taken notice of1 under the heads of the several motions4 #i4 ,it is usual in legislative assemblies1 to provide by a special rule1 both as to the particular motions to be used1 and the order in which they may be made4 ,thus1 the rule in the house of representatives of ,congress 7which is also adopted in the house of representatives of ,massachusetts71 is1 that1 8when a question is under debate1 no motion shall be received1 but to adjourn1 to lie on the table1 for the previous question1 to postpone to a day certain1 to commit1 to amend1 to postpone indefinitely1 which several motions shall have precedence in the order in which they are arranged40 ,,chapter ,,vi4 ,,of ,,motions ,,to ,,suppress4 #fb4 ,when a proposition is moved1 which it is supposed may be regarded by the assembly as useless or inexpedient1 and which it may therefore be desirous to get rid of1 such proposition may be suppressed for a time by means of the previous question1 or altogether by a motion for indefinite postponement4 ,sect4 ,i4 ,previous ,question4 #fc4 ,the original and proper parliamentary use of the previous question being1 as above stated1 the suppression of a main question1 it seems proper to consider it as one of the subsidiary motions1 for that purpose2 although1 in this country1 it has been perverted to a wholly different use1 namely1 the suppression of debate4 ,this consideration1 in connection with the difficulty of the subject1 and the importance of a correct understanding of it1 makes it proper to devote more room to the previous question1 than needs to be given to most of the other subsidiary motions4 ,it will first be considered according to its original use and intention3 and1 afterwards1 as used in this country4 #fd4 ,there are several motions1 which give rise to questions previous in their nature to other questions to which they relate2 but the term previous has been applied exclusively to a motion denominated the previous question1 which has for its object the suppression of a principal motion or question4 ,this motion was introduced into the house of commons in ,england1 more than two centuries ago1 for the purpose of suppressing subjects of a delicate nature1 relating to high personages1 or the discussion of which might call forth observations of an injurious tendency4 ,when first made use of1 the form of the motion was1 shall the main question be put8 and the effect of a decision of it in the negative was to suppress the main question for the whole session4 ,the form of it was afterwards changed to that which it has at present1 namely1 shall the main question be now put8 and the effect of a negative decision of it now is to suppress the main question for the residue of the day only4 ,the operation of this motion1 in suppressing the question to which it is applied1 results from the principle1 that no further consideration or discussion can regularly be had of a subject1 which it has been decided shall not be put to the question2 and1 therefore1 when on the motion of the previous question1 it has been decided1 that the principal question shall not now be put1 that question is disposed of for the day1 and cannot be renewed until the next or some succeeding day4 ,this is the purpose for which the previous question was originally invented1 and for which it is still used in the ,british parliament4 #fe4 ,but the previous question may be decided in the affirmative1 as well as the negative1 that is1 that the main question shall now be put2 in which case1 that question is to be put immediately1 without any further debate1 and in the form in which it then exists4 ,this operation of the previous question1 when decided affirmatively1 has led to the use of it for the purpose of suppressing debate on a principal question1 and coming to a vote upon it immediately2 and this is ordinarily the only object of the previous question as made use of in the legislative assemblies of the ,united ,states4#aj ,the operation of a negative decision is different in different assemblies2 in some1 as1 for example1 in the house of representatives of ,congress1 it operates to dispose of the principal or main question by suppressing or removing it from before the house for the day2 but in others1 as in the house of representatives of ,massachusetts1 and the house of assembly of ,new ,york 7in the former by usage only1 and in the latter by a rule71 the effect of a negative decision of the previous question is to leave the main question under debate for the residue of the sitting1 unless sooner disposed of by taking the question1 or in some other manner4 #ff4 ,in ,england1 the previous question is used only for suppressing a main question2 the object of the mover is to obtain a decision of it in the negative2 and the effect of such a decision1 though in strictness only to suppress the question for the day1 is1 practically and by parliamentary usage1 to dispose of the subject altogether4 ,in this country1 the previous question is used chiefly for suppressing debate on a main question2 the object of the mover is to obtain a decision of it in the affirmative2 and the effect of a decision the other way1 though in some assemblies operating technically to suppress the main question for the day only1 is1 in general1 merely to suspend the taking of the question for that day2 either leaving the debate to go on during the residue of the day1 or the subject to be renewed on the next or some other day4 ,the operation of an affirmative decision is the same1 in both countries1 namely1 the putting of the main question immediately1 and without further debate1 delay1 or consideration4 ,sect4 ,,ii4 ,indefinite ,postponement4 #fg4 ,in order to suppress a question altogether1 without coming to a direct vote upon it1 in such a manner that it cannot be renewed1 the proper motion is for indefinite postponement2 that is1 a postponement or adjournment of the question1 without fixing any day for resuming it4 ,the effect of this motion1 if decided in the affirmative1 is to quash the proposition entirely2 as an indefinite adjournment is equivalent to a dissolution1 or the continuance of a suit1 without day1 is a discontinuance of it4 ,a negative decision has no effect whatever4#aa #aj4 ,mr4 ,jefferson 7,manual1 xxxiv47 considers this extension of the previous question as an abuse4 ,he is of opinion that 8its uses would be as well answered by other more simple parliamentary forms1 and therefore it should not be favored1 but restricted within as narrow limits as possible40 ,notwithstanding this suggestion1 however1 the use of the previous question1 as above stated1 has become so firmly established1 that it cannot now be disturbed or unsettled4 #aa4 8,the motion to indefinitely postpone cannot be amended4 ,when a motion to indefinitely postpone prevails1 the proposition so postponed con not be renewed during the session40--,ed4 ,,chapter ,,vii4 ,,of ,,motions ,,to ,,postpone4 #fh4 ,if the assembly is willing to entertain consider a question1 but not at the time when it is moved1 the proper course is either to postpone the subject to another day1 or to order it to lie on the table4 #fi4 ,when the members individually want more information than they possess1 at the time a question is moved1 or desire further time for reflection and examination1 the proper motion is1 to postpone the subject to such future day as will answer the views of the assembly4 #gj4 ,this motion is sometimes used improperly1 to get rid of a proposition altogether1 as would be done by an indefinite postponement4 ,this is effected by fixing upon a day1 which1 according to the common course of things1 will not arrive until after the assembly has been brought to a close4 ,but a motion1 worded in this manner1 is precisely equivalent to a motion for indefinite postponement1 and should be so considered and treated4 #ga4 ,if the assembly has something else before it1 which claims its present attention1 and is therefore desirous to postpone a particular proposition1 until that subject is disposed of1 such postponement may be effected by means of a motion that the matter in question lie on the table4 ,if this motion prevails1 the subject so disposed of may be taken up1 at any time afterwards1 and considered1 when it may suit the convenience of the assembly4 #gb4 ,this motion is also sometimes made use of for the final disposition of a subject2 and it always has that effect1 when no motion is afterwards made to take it up4#ab #ab4 8,this motion 7i4e41 to lie on the table7 is not debatable1 and is not subject to amendment40--,ed4 ,,chapter ,,viii4 ,,of ,,motions ,,to ,,commit4 #gc4 ,the third case for the use of a subsidiary motion1 as already stated1 occurs1 when the subject-matter of a proposition is regarded with favor1 but the form in which it is introduced is so defective1 that a more careful and deliberate consideration is necessary1 than can conveniently be given to it in the assembly itself1 in order to put it into a satisfactory form4 ,the course of proceeding then is1 to refer the subject to a committee2 which is called a commitment1 or1 if the subject has already been in the hands of a committee1 a recommitment4 #gd4 ,if there is a standing committee of the assembly1 whose functions embrace the subject in question1 the motion should be to refer it to that committee2 if there is no such committee1 then the motion should be to refer to a select committee4 ,if it is a matter of doubt1 whether a particular standing committee is appropriate or not1 and propositions are made for a reference to that committee1 and also for a reference to a select committee1 the former proposition should be first put to the question4 #ge4 ,when a subject is referred or recommitted1 the committee may be instructed or ordered by the assembly1 as to any part or the whole of the duties assigned them2 or the subject may be left with them without instructions4 ,in the former case1 the instructions must be obeyed1 of course2 in the latter1 the committee have full power over the matter1 and may report upon it1 in any manner they please1 provided they keep within the recognized forms of parliamentary proceedings4 #gf4 ,a part only of a subject may be committed1 without the residue2 or different parts may be committed to different committees4 #gg4 ,a commitment with instructions is sometimes made use of1 as a convenient mode of procuring further information1 and1 at the same time1 of postponing the consideration of a subject to a future though uncertain day4 ,,chapter ,,ix4 ,,of ,,motions ,,to ,,amend4 #gh4 ,the last case1 for the introduction of subsidiary motions1 is when the assembly is satisfied with the subject-matter of a proposition1 but not with the form of it1 or with all its different parts1 or desires to make some addition to it4 ,the course of proceeding then is1 to bring the proposition into the proper form1 and make its details satisfactory1 by means of amendments1 or of certain proceedings of a similar character1 and having the same general purpose in view4 ,the latter will be first considered4 ,sect4 ,i4 ,division of a ,question4 #gi4 ,when a proposition or motion is complicated1 that is1 composed of two or more parts1 which are so far independent of each other1 as to be susceptible of division into several questions1 and it is supposed that the assembly may approve of some but not of all these parts1 it is a compendious mode of amendment to divide the motion into separate questions1 to be separately voted upon and decided by the assembly4 ,this division may take place by the order of the assembly1 on a motion regularly made and seconded for the purpose4 #hj4 ,when a motion is thus divided1 it becomes a series of questions1 to be considered and treated each by itself1 as an independent proposition1 in the order in which they stand2 and when they have all been gone through with and decided1 the result will be the same1 as if motions to amend by striking out the several parts had been made and put to the question4 ,when a motion for a division is made1 the mover ought to specify in his motion the manner in which he proposes to make the division2 and this motion1 like every other of the nature of an amendment1 is itself susceptible of amendment4 #ha4 ,it is sometimes asserted1 that it is the right of every individual member to have a complicated question 7provided it is susceptible of division7 divided into its several parts1 and a question put separately on each1 on his mere demand1 and without any motion or any vote of the assembly for that purpose4 ,but this is a mistake2 there is no such rule of parliamentary proceeding2 a complicated question can only be separated by moving amendments to it in the usual manner1 or by moving for a division of it in the manner above stated4 #hb4 ,it is not unusual1 however1 for a deliberative assembly to have a rule providing for the division of a complicated question 7provided it is susceptible of division7 into its several parts1 upon the demand of a member4 ,when this is the case1 it is for the presiding officer 7subject of course to the revision of the assembly7 to decide1 when the division of a motion is demanded1 first1 whether the proposition is susceptible of division1 and1 secondly1 into how many and what parts it may be divided4 #hc4 ,a proposition1 in order to be divisible1 must comprehend points so distinct and entire1 that1 if one or more of them be taken away1 the others may stand entire and by themselves2 but a qualifying paragraph1 as1 for example1 an exception or a proviso1 if separated from the general assertion or statement to which it belongs1 does not contain an entire point or proposition4 ,sect4 ,,ii4 ,filling ,blanks4 #hd4 ,it often happens1 that a proposition is introduced with blanks purposely left by the mover to be filled by the assembly1 either with times and numbers1 or with provisions analogous to those of the proposition itself4 ,in the latter case1 blanks are filled in the same way1 that other amendments by the insertion of words are made4 ,in the former1 propositions to fill blanks are not considered as amendments to the question1 but as original motions1 to be made and decided before the principal question4 #he4 ,when a blank is left to be filled with a time or number1 motions may be made for that purpose1 and the question taken on each by itself1 and before another is made2 or several motions may be made and pending before any of them are put to the question4 ,this last mode of proceeding1 which is the most usual as well as convenient1 requires that the several propositions should be arranged1 and the question taken on them1 in such order as will the soonest and with the most certainty enable the assembly to come to an agreement4 #hf4 ,in determining upon the order to be adopted1 the object is not to begin at that extreme1 which and more being within every man's wish1 no one can vote against it1 and1 yet1 if it should be carried in the affirmative1 every question for more would be precluded2 but1 at that extreme1 which will be likely to unite the fewest1 and then to advance or recede1 until a number or time is reached1 which will unite a majority4 #hg4 ,hence1 when several different propositions are made for filling blanks with a time or number1 the rule is1 that if the larger comprehends the lesser1 as in a question to what day a postponement shall take place1--the number of which a committee shall consist1--the amount of a fine to be imposed1--the term of an imprisonment1--the term of irredeemability of a loan1--or the terminus in quem in any other case1 the question must begin a maximo1 and be first taken upon the greatest or farthest1 and so on to the least or nearest1 until the assembly comes to a vote3 ,but1 if the lesser includes the greater1 as in questions on the limitation of the rate of interest1--on the amount of a tax1--on what day the session of a legislative assembly shall be closed1 by adjournment1--on what day the next session shall commence1--or the terminus a quo in any other case1 the question must begin a minimo1 and be first taken on the least or nearest1 and so on to the greatest or most remote1 until the assembly comes to a vote4#ac ,sect4 ,,iii4 ,addition1--,separation1 ,transposition4 #hh4 ,when the matters contained in two separate propositions might be better put into one1 the mode of proceeding is to reject one of them1 and then to incorporate the substance of it with the other by way of amendment4 ,a better mode1 however1 if the business of the assembly will admit of its being adopted1 is to refer both propositions to a committee1 with instructions to incorporate them together in one4 #hi4 ,so1 on the other hand1 if the matter of one proposition would be more properly distributed into two1 any part of it may be struck out by way of amendment1 and put into the form of a new and distinct proposition4 ,but in this1 as in the former case1 a better mode would generally be to refer the subject to a committee4 #ij4 ,in like manner1 if a paragraph or section requires to be transposed1 a question must be put on striking it out where it stands1 and another for inserting it in the place desired4 #ia4 ,the numbers prefixed to the several sections1 paragraphs1 or resolutions1 which constitute a proposition1 are merely marginal indications1 and no part of the text of the proposition itself2 and1 if necessary1 they may be altered or regulated by the clerk1 without any vote or order of the assembly4 ,sect4 ,,iv4 ,modification or ,amendment by the ,mover4 #ib4 ,the mover of a proposition is sometimes allowed to modify it1 after it has been stated as a question by the presiding officer2 but1 as this is equivalent to a withdrawal of the motion1 in order to substitute another in its place2 and1 since1 as has already been seen1 a motion regularly made1 seconded1 and proposed1 cannot be withdrawn without leave2 it is clear1 that the practice alluded to rests only upon general consent2 and1 that1 if objected to1 the mover of a proposition must obtain the permission of the assembly1 by a motion and question1 for the purpose1 in order to enable him to modify his proposition4 #ic4 ,so1 too1 when an amendment has been regularly moved and seconded1 it is sometimes the practice for the mover of the proposition to which it relates to signify his consent to it1 and for the amendment to be thereupon made1 without any question being taken upon it by the assembly4 ,as this proceeding1 however1 is essentially the same with that described in the preceding paragraph1 it1 of course1 rests upon the same foundation1 and is subject to the same rule4 ,sect4 ,v4 ,general ,rules relating to ,amendments4 #id4 ,all amendments1 of which a proposition is susceptible1 so far as form is concerned1 may be effected in one of three ways1 namely1 either by inserting or adding certain words2 or by striking out certain words2 or by striking out certain words1 and inserting or adding others4 ,these several forms of amendment are subject to certain general rules1 which1 being equally applicable to them all1 require to be stated beforehand4 #ie4 ,first ,rule4 ,when a proposition consists of several sections1 paragraphs1 or resolutions1 the natural order of considering and amending it is to begin at the beginning1 and to proceed through it in course by paragraphs2 and when a latter part has been amended1 it is not in order to recur back1 and make any alteration or amendment of a former part4 #if4 ,second ,rule4 ,every amendment1 which can be proposed1 whether by striking out1 or inserting1 or striking out and inserting1 is itself susceptible of amendment2 but1 there can be no amendment of an amendment to an amendment3 this would be such a piling of questions one upon another1 as would lead to great embarrassment2 and as the line must be drawn somewhere1 it has been fixed by usage after the amendment to the amendment4 ,the object1 which is proposed to be effected by such a proceeding1 must be sought by rejecting the amendment to the amendment1 in the form in which it is proposed1 and then moving it again in the form in which it is wished to be amended1 in which it is only an amendment to an amendment2 and in order to accomplish this1 he who desires to amend an amendment should give notice1 that1 if rejected1 in the form in which it is presented1 he shall move it again in the form in which he desires to have it adopted4 #ig4 ,thus1 if a proposition consists of ,a ,b1 and it is proposed to amend by inserting ,c ,d1 it may be moved to amend the amendment by inserting ,e ,f2 but it cannot be moved to amend this amendment1 as1 for example1 by inserting ,g4 ,the only mode1 by which this can be reached1 is to reject the amendment in the form in which it is presented1 namely1 to insert ,e ,f1 and to move it in the form in which it is desired to be amended1 namely1 to insert ,e ,g ,f4 #ih4 ,third ,rule4 ,whatever is agreed to by the assembly1 on a vote1 either adopting or rejecting a proposed amendment1 cannot be afterwards altered or amended4 #ii4 ,thus1 if a proposition consists of ,a ,b1 and it is moved to insert ,c2 if the amendment prevail1 ,c cannot be afterwards amended1 because it has been agreed to in that form2 and1 so1 if it is moved to strike out ,b1 and the amendment is rejected1 ,b cannot afterwards be amended1 because a vote against striking it out is equivalent to a vote agreeing to it as it stands4 #ajj4 ,fourth ,rule4 ,whatever is disagreed to by the assembly1 on a vote1 cannot be afterwards moved again4 ,this rule is the converse of the preceding1 and may be illustrated in the same manner4 #aja4 ,thus1 if it is moved to amend ,a ,b by inserting ,c1 and the amendment is rejected1 ,c cannot be moved again2 or1 if it is moved to amend ,a ,b by striking out ,b1 and the amendment prevails1 ,b cannot be restored2 because1 in the first case1 ,c1 and1 in the other1 ,b1 have been disagreed to by a vote4 #ajb4 ,fifth ,rule4 ,the inconsistency or incompatibility of a proposed amendment with one which has already been adopted1 is a fit ground for its rejection by the assembly1 but not for the suppression of it by the presiding officer1 as against order2 for1 if questions of this nature were allowed to be brought within the jurisdiction of the presiding officer1 as matters of order1 he might usurp a negative on important modifications1 and suppress or embarrass instead of subserving the will of the assembly4 ,sect4 ,,vi4 ,amendments by striking out4 #ajc4 ,if an amendment is proposed by striking out a particular paragraph or certain words1 and the amendment is rejected1 it cannot be again moved to strike out the same words or a part of them2 but it may be moved to strike out the same words with others1 or to strike out a part of the same words with others1 provided the coherence to be struck out be so substantial1 as to make these1 in fact1 different propositions from the former4 #ajd4 ,thus1 if a proposition consist of ,a ,b ,c ,d1 and it is moved to strike out ,b ,c2 if this amendment is rejected1 it cannot be moved again2 but it may be moved to strike out ,a ,b1 or ,a ,b ,c1 or ,b ,c ,d or ,c ,d4 #aje4 ,if an amendment by striking out is agreed to1 it cannot be afterwards moved to insert the same words struck out or a part of them2 but it may be moved to insert the same words with others1 or a part of the same words with others1 provided the coherence to be inserted make these propositions substantially different from the first4 #ajf4 ,thus1 if the proposition ,a ,b ,c ,d is amended by striking out ,b ,c1 it cannot be moved to insert ,b ,c again2 but it may be moved to insert ,b ,c with other words1 or ,b with others or ,c with others4 #ajg4 ,when it is proposed to amend by striking out a particular paragraph1 it may be moved to amend this amendment1 in three different ways1 namely1 either by striking out a part only of the paragraph1 or by inserting or adding words1 or by striking out and inserting4 #ajh4 ,thus1 if it is moved to amend the proposition ,a ,b ,c ,d1 by striking out ,b ,c1 it may be moved to amend this amendment by striking out ,b only or ,c only1 or by inserting ,e1 or by striking out ,b or ,c1 and inserting ,e4 #aji4 ,in the case of a proposed amendment by striking out1 the effect of voting upon it1 whether it be decided in the affirmative or negative according to the third and fourth rules above mentioned1 renders it necessary for those who desire to retain the paragraph to amend it1 if any amendment is necessary1 before the vote is taken on striking out2 as1 if struck out1 it cannot be restored1 and1 if retained1 it cannot be amended4 #aaj4 ,as an amendment must necessarily be put to the question before the principal motion2 so the question must be put on an amendment to an amendment before it is put on the amendment2 but1 as this is the extreme limit to which motions may be put upon one another1 there can be no precedence of one over another among amendments to amendments2 and1 consequently1 they can only be moved1 one at a time1 or1 at all events1 must be put to the question in the order in which they are moved4 #aaa4 ,when a motion for striking out words is put to the question1 the parliamentary form always is1 whether the words shall stand as part of the principal motion1 and not whether they shall be struck out4 ,the reason for this form of stating the question probably is1 that the question may be taken in the same manner on a part as on the whole of the principal motion2 which would not be the case1 if the question was stated on striking out2 inasmuch as the question on the principal motion1 when it comes to be stated1 will be on agreeing to it1 and not on striking out or rejecting it4 ,besides1 as an equal division of the assembly would produce a different decision of the question1 according to the manner of stating it1 it might happen1 if the question on the amendment was stated on striking out1 that the same question would be decided both affirmatively and negatively by the same vote4#ad #aab4 ,on a motion to amend by striking out certain words1 the manner of stating the question is1 first to read the passage proposed to be amended1 as it stands2 then the words proposed to be struck out2 and1 lastly1 the whole passage as it will stand if the amendment is adopted4 ,sect4 ,,vii4 ,amendments by inserting4 #aac4 ,if an amendment is proposed by inserting or adding a paragraph or words1 and the amendment is rejected1 it cannot be moved again to insert the same words or a part of them2 but it may be moved to insert the same words with others1 or a part of the same words with others1 provided the coherence really make them different propositions4 #aad4 ,thus1 if it is moved to amend the proposition ,a ,b by inserting ,c ,d1 and the amendment is rejected1 ,c ,d cannot be again moved2 but it may be moved to insert ,c ,e1 or ,d ,e1 or ,c ,d ,e4 #aae4 ,if it is proposed to amend by inserting a paragraph1 and the amendment prevails1 it cannot be afterwards moved to strike out the same words or a part of them2 but it may be moved to strike out the same words with others1#ae or a part of the same words with others1 provided the coherence be such as to make these propositions really different from the first4 #aaf4 ,thus1 if in the example above supposed the amendment prevails1 and ,c ,d is inserted it cannot be afterwards moved to strike out ,c ,d1 but it may be moved to strike out ,a ,c or ,a ,c ,d1 or ,d ,b1 or ,c ,d ,b4 #aag4 ,when it is proposed to amend by inserting a paragraph1 this amendment may be amended in three different ways1 namely1 either by striking out a part of the paragraph2 or by inserting something into it2 or by striking out and inserting4 #aah4 ,thus1 if it is proposed to amend ,a ,b by inserting ,c ,d1 this amendment may be amended either by striking out ,c or ,d1 or inserting ,e1 or by striking out ,c or ,d and inserting ,e4 #aai4 ,when it is proposed to amend by inserting a paragraph1 those who are in favor of the amendment should amend it1 if necessary1 before the question is taken2 because if it is rejected1 it cannot be moved again1 and1 if received1 it cannot be amended4 #abj4 ,there is no precedence of one over another in amendments to amendments by inserting1 any more than in amendments to amendments by striking out4 #aba4 ,on a motion to amend by inserting a paragraph1 the manner of stating the question is1 first1 to read the passage to be amended1 as it stands2 then the words proposed to be inserted2 and lastly1 the whole passage as it will stand if the amendment prevails4 ,sect4 ,,viii4 ,amendments by striking out and inserting4 #abb4 ,the third form of amending a proposition1 namely1 by striking out certain words and inserting others in their place1 is1 in fact1 a combination of the other two forms2 and may accordingly be divided into those two forms1 either by a vote of the assembly1 or on the demand of a member1 under a special rule to that effect4#af #abc4 ,if the motion is divided1 the question is first to be taken on striking out2 and if that is decided in the affirmative1 then1 on inserting2 but if the former is decided in the negative1 the latter falls1 of course4 ,on a division1 the proceedings are the same1 in reference to each branch of the question1 beginning with the striking out1 as if each branch had been moved by itself4 #abd4 ,if the motion to strike out and insert is put to the question undivided1 and is decided in the negative1 the same motion cannot be made again2 but1 it may be moved to strike out the same words1 and1 #a1 insert nothing2 #b1 insert other words2 #c1 insert the same words with others2 #d1 insert a part of the same words with others2 #e1 strike out the same words with others1 and insert the same2 #f1 strike out a part of the same words with others1 and insert the same2 #g1 strike out other words and insert the same2 and1 #h1 insert the same words1 without striking out anything4 #abe4 ,if the motion to strike out and insert is decided in the affirmative1 it cannot be then moved to insert the words struck out or a part of them1 or to strike out the words inserted1 or a part of them2 but1 it may be moved1 #a1 to insert the same words with others2 #b1 to insert a part of the same words with others2 #c1 to strike out the same words with others2 or1 #d1 to strike out a part of the same words with others4 #abf4 ,when it is proposed to amend by striking out and inserting1 this amendment may be amended in three different ways in the paragraph proposed to be struck out1 and also in the paragraph proposed to be inserted1 namely1 by1 striking out1 or inserting1 or striking out and inserting4 ,and those who are in favor of either paragraph must amend it1 before the question is taken1 for the reasons already stated1 namely1 that1 if decided in the affirmative1 the part struck out cannot be restored1 nor can the part inserted be amended2 and1 if decided in the negative1 the part proposed to be struck out cannot be amended1 nor can the paragraph proposed to be inserted be moved again4 #abg4 ,on a motion to amend1 by striking out certain words and inserting others1 the manner of stating the question is first to read the whole passage to be amended1 as it stands2 then the words proposed to be struck out2 next those to be inserted2 and1 lastly1 the whole passage as it will stand when amended4 ,sect4 ,,ix4 ,amendments changing the ,nature of a ,question4 #abh4 ,the term amendment is in strictness applicable only to those changes of a proposition1 by which it is improved1 that is1 rendered more effectual for the purpose which it has in view1 or made to express more clearly and definitely the sense which it is intended to express4 ,hence it seems proper1 that those only should undertake to amend a proposition1 who are friendly to it2 but this is by no means the rule2 when a proposition is regularly moved and seconded1 it is in the possession of the assembly1 and cannot be withdrawn but by its leave2 it has then become the basis of the future proceedings of the assembly1 and may be put into any shape1 and turned to any purpose1 that the assembly may think proper4 #abi4 ,it is consequently allowable to amend a proposition in such a manner as entirely to alter its nature1 and to make it bear a sense different from what it was originally intended to bear2 so that the friends of it1 as it was first introduced1 may themselves be forced to vote against it1 in its amended form4 #acj4 ,this mode of proceeding is sometimes adopted for the purpose of defeating a proposition1 by compelling its original friends to unite with those who are opposed to it1 in voting for its rejection4 ,thus1 in the ,british ,houses of ,commons1 ,jan4 #bi1 #agfe1 a resolution being moved1 8,that a general warrant for apprehending the authors1 printers1 or publishers of a libel1 together with their papers1 is not warranted by law1 and is an high violation of the liberty of the subject30--it was moved to amend this motion by prefixing the following paragraph1 namely3 8,that in the particular case of libels1 it is proper and necessary to fix1 by a vote of this house only1 what ought to be deemed the law in respect of general warrants2 and1 for that purpose1 at the time when the determination of the legality of such warrants1 in the instance of a most seditious and treasonable libel1 is actually depending before the courts of law1 for this house to declare0--that a general warrant for apprehending the authors1 printers1 or publishers of a libel together with their papers1 is not warranted by law1 and is an high violation of the liberty of the subject4 ,the amendment was adopted1 after a long debate1 and then the resolution as amended was immediately rejected without a division4#ag #aca4 ,but sometimes the nature of a proposition is changed by means of amendments1 with a view to its adoption in a sense the very opposite of what it was originally intended to bear4 ,the following is a striking example of this mode of proceeding4 ,in the house of commons1 ,april #aj1 #agdd1 a resolution was moved1 declaring1 8,that the issuing and paying to the ,duke of ,aremberg the sum of forty thousand pounds1 sterling1 to put the ,austrian troops in motion in the year #agdb1 was a dangerous misapplication of public money1 and destructive of the rights of parliament40 ,the object of this resolution was to censure the conduct of the ministers2 and the friends of the ministry1 being in a majority1 might have voted directly1 upon the motion and rejected it4 ,but they preferred to turn it into a resolution approving of the conduct of ministers on the occasion referred to2 and it was accordingly moved to amend1 by leaving out the words 8a dangerous misapplication10 etc41 to the end of the motion1 and inserting instead thereof the words1 8necessary for putting the said troops in motion1 and of great consequence to the common cause40 ,the amendment being adopted1 it was resolved 7reversing the original proposition7 8,that the issuing and paying to the ,duke of ,aremberg the sum of forty thousand pounds1 to put the ,austrian troops in motion1 in the year #agdb1 was necessary for putting the said troops in motion1 and of great consequence to the common cause40 #acb4 ,it is a mode of defeating a proposition1 somewhat similar to that above mentioned1 to carry out or extend the principle of it1 by means of amendments1 so as to show the inconvenience1 absurdity1 or danger of its adoption1 with such evident clearness1 that it becomes impossible for the assembly to agree to it4 ,thus1 a motion having been made in the house of commons1 8for copies of all the letters written by the lords of the admiralty to a certain officer in the navy10 it was moved to amend the motion by adding these words3--8which letters may contain orders1 or be relative to orders1 not executed1 and still subsisting40 ,this amendment being adopted1 the motion as amended was unanimously rejected4 #acc4 ,it will be seen1 from the foregoing examples1 that as the mover of a proposition is under no restriction as to embracing incongruous matters under the same motion2 so1 on the other hand1 the assembly may engraft upon a motion1 by way of amendment1 matter which is not only incongruous with1 but entirely opposed to1 the motion as originally introduced2 and1 in legislative assemblies1 it is not unusual to amend a bill by striking out all after the enacting clause1 and inserting an entirely new bill2 or to amend a resolution by striking out all after the words 8,resolved that10 and inserting a proposition of a wholly different tenor4 #ac4 ,the above is the rule as laid down by ,mr4 ,jefferson 7 #cc71 and holds where it is not superseded by a special rule1 which is generally the case in our legislative assemblies2 as1 for example1 in the senate of the ,united ,states1 the rule is1 that in filling blanks1 the ,,largest sum and ,,longest time shall be first put4 ,in the house of commons1 in ,england1 the rule established by usage is1 that the ,,smallest sum and the ,,longest time shall be first put4 #ad4 ,the common1 if not the only1 mode of stating the question1 in the legislative assemblies of this country1 is on 8striking out40 #ae4 ,this is the common case of striking out a paragraph1 after it has been amended by inserting words4 #af4 ,mr4 ,jefferson 7 xxxv47 says1 8the question1 if desired1 is then to be divided10 etc42 but1 as he makes no exception of a motion to strike out and insert1 when treating of the subject of division1 and does not here state it as an exception1 he undoubtedly supposes the division in this case to be made in the regular and usual manner4 #ag4 ,this mode of defeating a measure1 however1 is not always successful4 ,in #aghj1 ,mr4 ,dunning having made a motion1 in the house of commons 8that1 in the opinion of this house1 the influence of the crown has increased1 is increasing1 and ought to be diminished10 ,dundas1 lord-advocate of ,scotland1 in order to defeat the motion1 proposed to amend1 by inserting1 after the words1 ,,in ,,the ,,opinion ,,of ,,this ,,house1 the words ,,it ,,is ,,now ,,necessary ,,to ,,declare ,,that1 ,,etc4 ,but this amendment1 instead of intimidating the friends of the original motion was at once adopted by them1 and the resolution passed as amended4 ,,chapter ,x4 ,,of ,,the ,,order ,,and ,,succession ,,of ,,questions4 #acd4 ,it is a general rule1 that1 when a proposition is regularly before a deliberative assembly1 for its consideration1 no other proposition or motion can regularly be made or arise1 so as to take the place of the former1 and be first acted upon1 unless it be either1 first1 a privileged question2 secondly1 a subsidiary question2 or1 thirdly1 an incidental question or motion4 #ace4 ,all these motions take the place of the principal motion1 or main question1 as it is usually called1 and are to be first put to the question2 and1 among themselves1 also1 there are some1 which1 in like manner1 take the place of all the others4 ,some of these questions merely supersede the principal question1 until they have been decided2 and1 when decided1 whether affirmatively or negatively1 leave that question as before4 ,others of them also supersede the principal question1 until they are decided2 and1 when decided one way1 dispose of the principal question2 but1 if decided the other way1 leave it as before4 ,sect4 ,i4 ,privileged ,questions4 #acf4 ,there are certain motions or questions1 which1 on account of the superior importance attributed to them1 either in consequence of a vote of the assembly1 or in themselves considered1 or of the necessity of the proceedings to which they lead1 are entitled to take the place of any other subject or proposition1 which may then be under consideration1 and to be first acted upon and decided by the assembly4 ,these are called privileged questions1 because they are entitled to precedence over other questions1 though they are of different degrees among themselves4 ,questions of this nature are of three kinds1 namely1 first1 motions to adjourn2 secondly1 motions or questions relating to the rights and privileges of the assembly1 or of its members individually2 and1 thirdly1 motions for the orders of the day4 ,adjournment4 #acg4 ,a motion to adjourn takes the place of all other questions whatsoever2#ah for1 otherwise1 the assembly might be kept sitting against its will1 and for an indefinite time2 but1 in order to entitle this motion to precedence1 it must be simply to 8adjourn10 without the addition of any particular day or time4 ,and1 as the object of this motion1 when made in the midst of some other proceeding1 and with a view to supersede a question already proposed1 is simply to break up the sitting1 it does not admit of any amendment by the addition of a particular day1 or in any other manner2 though1 if a motion to adjourn is made1 when no other business is before the assembly1 it may be amended like other questions4 #ach4 ,a motion to adjourn is merely 8that this assembly do now adjourn20 and1 if it is carried in the affirmative1 the assembly is adjourned to the next sitting day2 unless it has previously come to a resolution1 that1 on rising1 it will adjourn to a particular day2 in which case1 it is adjourned to that day4 #aci4 ,an adjournment without day1 that is1 without any time being fixed for reassembling1 would1 in the case of any other than a legislative assembly1 be equivalent to a dissolution4#ai #adj4 ,when a question is interrupted by an adjournment1 before any vote or question has been taken upon it1 it is thereby removed from before the assembly1 and will not stand before it1 as a matter of course1 as its next meeting1 but must be brought forward in the usual way4 ,questions of ,privilege4 #ada4 ,the questions1 next in relative importance1 and which supersede all others for the time being except that of adjournment1 are those which concern the rights and privileges of the assembly1 or of its individual members2 as1 for example1 when the proceedings of the assembly are disturbed or interrupted1 whether by strangers or members2 or where a quarrel arises between two members2 and1 in these cases1 the matter of privilege supersedes the question pending at the time1 together with all subsidiary and incidental ones1 and must be first disposed of4 ,when settled1 the question interrupted by it is to be resumed1 at the point where it was suspended4 ,orders of the ,day4 #adb4 ,when the consideration of a subject has been assigned for a particular day1 by an order of the assembly1 the matter so assigned is called the order of the day for that day4 ,if1 in the course of business1 as commonly happens in legislative assemblies1 there are several subjects assigned for the same day1 they are called the orders of the day4 #adc4 ,a question1 which is thus made the subject of an order for its consideration on a particular day1 is thereby made a privileged question for that day2 the order being a repeal1 as to this special case1 of the general rule as to business4 ,if1 therefore1 any other proposition 7with the exception of the two preceding#bj7 is moved or arises1 on the day assigned for the consideration of a particular subject1 a motion for the order of the day will supersede the question first made1 together with all subsidiary and incidental questions connected with it1 and must be first put and decided2 for if the debate or consideration of that subject were allowed to proceed1 it might continue through the day and thus defeat the order4 #add4 ,but this motion1 to entitle it to precedence1 must be for the orders generally1 if there is more than one1 and not for any particular one2 and1 if decided in the affirmative1 that is1 that the assembly will now proceed to the orders of the day1 they must then be read and gone through with1 in the order in which they stand2 priority of order being considered to give priority of right4 #ade4 ,if the consideration of a subject is assigned for a particular hour on the day named1 a motion to proceed to it is not a privileged motion1 until that hour has arrived2 but1 if no hour is fixed1 the order is for the entire day and every part of it4 #adf4 ,where there are several orders of the day1 and one of them is fixed for a particular hour1 if the orders are taken up before that hour1 they are to be proceeded with as they stand1 until that hour1 and then the subject assigned for that hour is the next in order2 but1 if the orders are taken up at that time or afterwards1 that particular subject must be considered as the first in order4 #adg4 ,if the motion for the orders of the day is decided in the affirmative1 the original question is removed from before the assembly1 in the same manner as if it had been interrupted by an adjournment1 and does not stand before the assembly1 as a matter of course1 at its next meeting1 but must be renewed in the usual way4 #adh4 ,if the motion is decided in the negative1 the vote of the assembly is a discharge of the orders1 so far as they interfere with the consideration of the subject then before it1 and entitles that subject to be first disposed of4 #adi4 ,orders of the day1 unless proceeded in and disposed of on the day assigned1 fall1 of course1 and must be renewed for some other day4 ,it may be provided1 however1 by a special rule1 as in the legislative assemblies of ,massachusetts1 that the orders for a particular day shall hold for every succeeding day1 until disposed of4 ,sect4 ,,ii4 ,incidental ,questions4 #aej4 ,incidental questions are such as arise out of other questions1 and are consequently to be decided before the questions which give rise to them4 ,of this nature are1 first1 questions of order2 second1 motions for the reading of papers1 etc42 third1 leave to withdraw a motion2 fourth1 suspension of a rule3 and1 fifth1 amendment of an amendment4 ,questions of ,order4 #aea4 ,it is the duty of the presiding officer of a deliberative assembly1 to enforce the rules and orders of the body over which he presides1 in all its proceedings2 and this without question1 debate1 or delay1 in all cases1 in which the breach of order1 or the departure from rule1 is manifest4 ,it is also the right of every member1 taking notice of the breach of a rule1 to insist upon the enforcement of it in the same manner4 #aeb4 ,but1 though no question can be made1 as to the enforcement of the rules1 when there is a breach or manifest departure from them1 so long as any member insists upon their enforcement2 yet questions may and do frequently arise1 as to the fact of there being a breach of order1 or a violation of the rules in a particular proceeding2 and these questions must be decided before a case can arise for the enforcement of the rules4 ,questions of this kind are denominated questions of order4 #aec4 ,when any question of this nature arises1 in the course of any other proceeding1 it necessarily supersedes the further consideration of the subject out of which it arises1 until that question is disposed of2 then the original motion or proceeding revives1 and resumes its former position1 unless it has been itself disposed of by the question of order4 #aed4 ,when a question of order is raised1 as it may be by any one member1 it is not stated from the chair1 and decided by the assembly1 like other questions2 but is decided1 in the first instance1 by the presiding officer1 without any previous debate or discussion by the assembly4 ,if the decision of the presiding officer1 is not satisfactory1 any one member may object to it1 and have the question decided by the assembly4 ,this is called appealing from the decision of the chair4 ,the question is then stated by the presiding officer on the appeal1 namely3 shall the decision of the chair stand as the decision of the assembly8 and it is thereupon debated and decided by the assembly1 in the same manner as any other question2 except that the presiding officer is allowed to take a part in the debate1 which2 on ordinary occasions1 he is prohibited from doing4 ,reading ,papers4 #aee4 ,it is1 for obvious reasons1 a general rule1 that1 where papers are laid before a deliberative assembly1 for its action1 every member has a right to have them once read at the table1 before he can be compelled to vote on them2 and1 consequently1 when the reading of any paper1 relative to a question before the assembly1 is called for under this rule1 no question need be made as to the reading2 the paper is read by the clerk1 under the direction of the presiding officer1 as a matter of course4 #aef4 ,but1 with the exception of papers coming under this rule1 it is not the right of any member to read himself1 or to have read1 any paper1 book1 or document whatever1 without the leave of the assembly1 upon a motion made and a question put for the purpose4 ,the delay and interruption1 which would otherwise ensue from reading every paper that might be called for1 show the absolute necessity of restricting the rule within the narrowest possible limits1 consistently with permitting every member to have as much information as possible1 on the subjects in reference to which he is about to vote4 #aeg4 ,when1 therefore1 a member desires that any paper1 book1 or document1 on the table1 whether printed or written 7except as above mentioned7 should be read for his own information1 or that of the assembly2 or desires to read any such paper1 book1 or document1 in his place1 in the course of a debate1 or otherwise2 or even to read his own speech which he has prepared beforehand and committed to writing2 in all these cases1 if any objection is made1 he must obtain leave of the assembly1 for the reading1 by a motion and vote for the purpose4 #aeh4 ,when the reading of a paper is evidently for information1 and not for delay1 it is the usual practice for the presiding officer to allow of it1 unless objection is made1 in which case leave must be asked2 and this is seldom refused1 where there is no intentional or gross abuse of the time and patience of the assembly4 #aei4 ,it is not now the practice1 as it once was1 in legislative assemblies1 to read all papers that are presented1 especially when they are referred to committees immediately on their presentation2 though the right of every member to insist upon one reading is still admitted4 ,it would be impossible1 with the amount of business done by legislative bodies1 at the present day1 to devote much of their time to the reading of papers4 #afj4 ,when in the course of a debate or other proceeding1 the reading of a paper is called for1 and a question is made upon it1 this question is incidental to the former1 and must be first decided4 ,withdrawal of a ,motion4 #afa4 ,a motion1 when regularly made1 seconded1 and proposed from the chair1 is then in the possession of the assembly1 and cannot be withdrawn by the mover1 or directly disposed of in any manner1 but by a vote2 hence1 if the mover of a question wishes to modify it1 or to substitute a different one in its place1 he must obtain the leave of the assembly for that purpose2 which leave can only be had1 if objection is made1 by a motion#ba and question in the usual mode of proceeding4 #afb4 ,if this motion is decided in the affirmative1 the motion to which it relates is thereby removed from before the assembly1 as if it had never been moved2 if in the negative1 the business proceeds as before4 ,suspension of a ,rule4 #afc4 ,when any contemplated motion or proceeding is rendered impracticable1 by reason of the existence of some special rule by which it is prohibited1 it has become an established practice in this country1 to suspend or dispense with the rule1 for the purpose of admitting the proceeding or motion which is desired4 ,this can only be done by a motion and question2 and1 where this course is taken in order to a motion having reference to a proposition then under consideration1 a motion to suspend the rule supersedes the original question for the time being1 and is first to be decided4#bb #afd4 ,it is usual1 in the code of rules adopted by deliberative assemblies1 and especially legislative bodies1 to provide that a certain number exceeding a majority1 as two thirds or three fourths1 shall be competent to the suspension of a rule in a particular case2 where this is not provided1 there seems to be no other mode of suspending or dispensing with a rule than by general consent4 ,amendment of ,amendments4 #afe4 ,in treating of amendments1 it has already been seen1 that it is allowable to amend a proposed amendment2 and that the question on such sub-amendment must necessarily be put and decided before putting the question on the amendment4 ,the former is incidental to the latter1 and supersedes it for the time being4 ,sect4 ,,iii4 ,subsidiary ,questions4 #aff4 ,subsidiary1 or secondary1 questions or motions1 as has already been stated1 are those which relate to a principal motion1 and are made use of to enable the assembly to dispose of it in the most appropriate manner4 ,these motions have the effect to supersede1 and1 in some cases1 when decided one way1 to dispose of1 the principal question4 ,they are also of different degrees among themselves1 and1 according to their several natures1 supersede1 and sometimes dispose of1 one another4 #afg4 ,the subsidiary motions in common use are the following1 namely3--lie on the table1--the previous question1--postponement1 either indefinite or to a day certain1--commitment1--and1 amendment4 #afh4 ,it is a general rule1 with certain exceptions which will be immediately mentioned1 that subsidiary motions cannot be applied to one another2 as for example1 suppose a motion to postpone1 commit or amend a principal question1 it cannot be moved to suppress the motion to postpone1 etc41 by putting a previous question on it2 or1 suppose the previous question is moved1 or a commitment1 or amendment1 of a main question1 it cannot be moved to postpone the previous question1 or the motion for commitment or amendment4 ,the reasons for this rule are3 #a4 ,it would be absurd to separate the appendage from its principal2 #b4 ,it would be a piling of questions one on another1 which1 to avoid embarrassment1 is not allowed2 and #c1 ,the same result may be reached more simply by voting against the motion which it is attempted to dispose of by another secondary motion4 #afi4 ,the exceptions to the rule above stated are1 that motions to postpone 7either to a day certain or indefinitely71 to commit1 or to amend1 a principal question1 may be amended1 for the reason1 that the useful character of amendment gives it a privilege of attaching itself to a secondary and privileged motion2 that is1 a subsidiary motion to carry out and improve another may be applied to that other1 but a subsidiary motion to dispose of or suppress another is not admissible4 ,hence1 the subsidiary motions above mentioned may be amended4 #agj4 ,a previous question1 however1 cannot be amended2 the nature of it not admitting of any change4 ,parliamentary usage has fixed its form to be1 shall the main question be now put8 that is at this instant2 and1 as the present instant is but one1 it cannot admit of any modifications2 and to change it to the next day or any other moment is without example or utility4 ,for the same reasons1 also1 that the form of it is fixed by parliamentary usage1 and is already as simple as it can be1 a motion to lie on the table cannot be amended4 ,lie on the ,table4 #aga4 ,this motion is usually resorted to1 when the assembly has something else before it1 which claims its present attention1 and therefore desires to lay aside a proposition for a short but indefinite time1 reserving to itself the power to take it up when convenient4 ,this motion takes precedence of and supersedes all the other subsidiary motions4 #agb4 ,if decided in the affirmative1 the principal motion1 together with all the other motions1 subsidiary and incidental1 connected with it1 is removed from before the assembly1 until it is again taken up2 which it may be1 by motion and vote1 at any time1 when the assembly pleases4 #agc4 ,if decided in the negative1 the business proceeds in the same manner as if the motion had never been made4 ,previous ,question4 #agd4 ,this motion has already been described 7#fc71 and the nature and effect of it fully stated4 ,it stands in an equal degree with all the other subsidiary motions1 except the motion to lie on the table2 and1 consequently1 if first moved1 is not subject to be superseded by a motion to postpone1 commit or amend4 #age4 ,if the previous question is moved before the others above mentioned1 and put to the question1 it has the effect to prevent those motions from being made at all2 for1 if decided affirmatively1 to wit1 that the main question shall now be put1 it would of course be contrary to the decision of the assembly1 and therefore against order1 to postpone1 commit1 or amend2 and if decided negatively1 to wit1 that the main question shall not now be put1 this takes the main question out of the possession of the assembly1 for the day1 so that there is then nothing before it to postpone1 commit1 or amend4#bc ,postponement4 #agf4 ,the motion to postpone is either indefinite1 or to a day certain2 and1 in both these forms1 maybe amended2 in the former1 by making it to a day certain1--in the latter1 by substituting one day for another4 ,but1 in the latter case1 propositions to substitute different days for that originally named1 bear more resemblance to propositions for filling blanks1 than they do to amendments1 and should be considered and treated accordingly4 #agg4 ,if1 therefore1 a motion is made for an indefinite postponement1 it may be moved to amend the motion1 by making it to a day certain4 ,if any other day is desired1 it may be moved as an amendment to the amendment2 or it may be moved as an independent motion1 when the amendment has been rejected4 #agh4 ,if a motion is made for a postponement to a day certain1 it may be amended by the substitution of a different day2 but in this case1 a more simple and effectual mode of proceeding is to consider the day as a blank1 to be filled in the usual manner1 beginning with the longest time4 #agi4 ,this motion stands in the same degree with motions for the previous question1--to commit1--and to amend2 and1 if first made1 is not susceptible of being superseded by them4 #ahj4 ,if a motion for postponement is decided affirmatively1 the proposition to which it is applied is removed from before the assembly1 with all its appendages and incidents1 and consequently there is no ground for either of the other subsidiary motions2 if decided negatively1 that the proposition shall not be postponed1 that question may then be suppressed by the previous question1 or committed1 or amended4 ,commitment4 #aha4 ,a motion to commit1 or recommit 7which is the term used when the proposition has already been once committed71 may be amended1 by the substitution of one kind of committee for another1 or be enlarging or diminishing the number of the members of the committee1 as originally proposed1 or by instructions to the committee4 #ahb4 ,this motion stands in the same degree with the previous question and postponement--and1 if first made1 is not superseded by them--but it takes precedence of a motion to amend4 #ahc4 ,if decided affirmatively1 the proposition is removed from before the assembly2 and1 consequently1 there is no ground for the previous question1 or for postponement1 or amendment2 if negatively1 to wit1 that the principal question shall not be committed1 that question may then be suppressed by the previous question1 or postponed1 or amended4 ,amendment4 #ahd4 ,a motion to amend1 as has been seen1 may be itself amended4 ,it stands in the same degree only with the previous question and indefinite postponement1 and neither1 if first moved1 is superseded by the other4 #ahe4 ,but this motion is liable to be superseded by a motion to postpone to a day certain2 so that amendment and postponement competing1 the latter is to be first put4 ,the reason is1 that a question for amendment is not suppressed by postponing or adjourning the principal question1 but remains before the assembly1 whenever the main question is resumed2 for otherwise1 it might happen1 that the occasion for other urgent business might go by and be lost by length of debate on the amendment1 if the assembly had no power to postpone the whole subject4 #ahf4 ,a motion to amend may also be superseded by a motion to commit2 so that the latter1 though subsequently moved1 is to be first put2 because1 8in truth1 it facilitates and befriends the motion to amend40 #ahg4 ,the effect of both a negative and an affirmative decision of amendments has already been considered 7#id to #abg74 #ah4 ,it is commonly said1 that a motion to adjourn is always in order1 but this is not precisely true4 ,the question of adjournment may be moved repeatedly on the same day2 yet1 in strictness1 not without some intermediate question being proposed1 after one motion to adjourn is disposed of1 and before the next motion is made for adjourning2 as1 for example1 an amendment to a pending question1 or for the reading of some paper4 ,the reason of this is1 that1 until some other proceeding has intervened1 the question already decided is the same as that newly moved4 #ai4 ,it is quite common1 when the business of a deliberative assembly has been brought to a close1 to adjourn the assembly without day4 ,a better form is to dissolve it2 as an adjournment without day1 if we regard the etymology of the word adjourn1 is a contradiction in terms4 #bj4 8,a motion to adjourn and a question of privilege1 take precedence of a motion for the orders of the day40--,ed4 #ba4 8,this motion is not debatable40--,ed4 #bb4 8,a motion to suspend the rules is not debatable40--,ed4 #bc4 ,in the house of representatives of ,massachusetts1 as the effect of a negative decision of the previous question is not to remove the principal question from before the house1 that question is still open to postponement1 commitment1 or amendment1 notwithstanding such negative decision4 ,,chapter ,,xi4 ,,of ,,the ,,order ,,of ,,proceeding4 #ahh4 ,when several subjects are before the assembly2 that is1 on the table for consideration 7for there can be but a single subject under consideration at the same time71 and no priority has been given to any one over another1 the presiding officer is not precisely bound to any order1 as to what matters shall be first taken up2 but is left to his own discretion1 unless the assembly on a question decide to take up a particular subject4 #ahi4 ,a settled order of business1 however1 where the proceedings of an assembly are likely to last a considerable time1 and the matters before it are somewhat numerous1 is useful if not necessary for the government of the presiding officer1 and to restrain individual members from calling up favorite measures1 or matters under their special charge1 out of their just time4 ,it is also desirable1 for directing the discretion of the assembly1 when a motion is made to take up a particular matter to the prejudice of others1 which are of right entitled to be first attended to1 in the general order of business4 #aij4 ,the order of business may be established in virtue of some general rule1 or by special orders relating to each particular subject1 and must1 of course1 necessarily depend upon the nature and amount of the matters before the assembly4 #aia4 ,the natural order1 in considering and amending any paper1 which consists of several distinct propositions1 is1 to begin at the beginning1 and proceed through it by paragraphs2 and this order of proceeding1 if strictly adhered to1 as it should always be in numerous assemblies1 would prevent any amendment in a former part1 from being admissible1 after a latter part had been amended2 but this rule does not seem to be so essential to be observed in smaller bodies1 in which it may often be advantageous to allow of going from one part of a paper to another1 for the purpose of amendments4 #aib4 ,to this natural order of beginning at the beginning1 there is one exception according to parliamentary usage1 where a resolution or series of resolutions1 or other paper1 has a preamble or title1 in which case1 the preamble or title is postponed1 until the residue of the paper is gone through with4 #aic4 ,in considering a proposition consisting of several paragraphs1 the course is1 for the whole paper to be read entirely through1 in the first place by the clerk2 then a second time1 by the presiding officer1 by paragraphs2 pausing at the end of each1 and putting questions for amending1 if amendments are proposed2 and1 when the whole paper has been gone through with1 in this manner1 the presiding officer puts the final question on agreeing to or adopting the whole paper1 as amended or unamended4 #aid4 ,when a paper which has been referred to a committee1 and reported back to the assembly1 is taken up for consideration1 the amendments only are first read1 in course1 by the clerk4 ,the presiding officer then reads the first1 and puts it to the question1 and so on until the whole are adopted or rejected1 before any other amendment is admitted1 with the exception of an amendment to an amendment4 ,when the amendments reported by the committee have been thus disposed of1 the presiding officer pauses1 and gives time for amendments to be proposed in the assembly to the body of the paper 7which he also does1 if the paper has been reported without amendments1 putting no questions but on amendments proposed72 and when through the whole1 he puts the question on agreeing to or adopting the paper1 as the resolution1 order1 etc41 of the assembly4 #aie4 ,the final question is sometimes stated merely on the acceptance of the report1 but a better form is on agreeing with the committee in the resolution1 order1 or whatever else the conclusion of the report may be1 as amended1 or without amendment1 and the resolution or order is then to be entered in the journal as the resolution1 etc41 of the assembly1 and not as the report of the committee accepted4 #aif4 ,when the paper referred to a committee is reported back1 as amended1 in a new draft 7which may be and often is done1 where the amendments are numerous and comparatively unimportant71 the new draft is to be considered1 as an amendment1 and is to be first amended1 if necessary1 and then put to the question as an amendment reported by the committee2 or1 the course may be1 first to accept the new draft1 as a substitute for the original paper1 and then to treat it as such4 #aig4 ,it often happens1 that1 besides a principal question1 there are several others connected with it1 pending at the same time1 which are to be taken in their order2 as1 for example1 suppose1 first1 a principal motion2 second1 a motion to amend2 third1 a motion to commit2 fourth1 the preceding motions being pending1 a question of order arises in the debate1 which gives occasion1 fifth1 to a question of privilege1 and this leads1 sixth1 to a subsidiary motion1 as1 to lie on the table4 ,the regular course of proceeding requires the motion to lie on the table to be first put2 if this is negatived1 the question of privilege is then settled2 after that comes the question of order2 then the question of commitment2 if that is negatived1 the question of amendment is taken2 and1 lastly1 the main question4 ,this example will sufficiently illustrate the manner in which questions may grow out of one another1 and in what order they are to be decided4#bd #aih4 ,when a motion is made and seconded1 it is the duty of the presiding officer to propose it to the assembly2 until this is done1 it is not a question before the assembly1 to be acted upon or considered in any manner2 and consequently it is not then in order for any member to rise either to debate it1 or to make any motion in relation to it whatever4 #aii4 ,it is therefore a most unparliamentary and abusive proceeding to allow a principal motion and a subsidiary one relating to it to be proposed and stated together1 and to be put to the question in their order2 as is done1 when a member moves a principal question1 a resolution1 for example1 and1 at the same time1 the previous question1 or that the resolution lie on the table4 ,in such a case1 the presiding officer should take no notice whatever of the subsidiary motion1 but should propose the principal one by itself in the usual manner1 before allowing any other to be made4 ,other members1 then1 would not be deprived of their rights of debate1 etc41 in relation to the subject moved4 #bjj4 ,when a member has obtained the floor1 he cannot be cut off from addressing the assembly1 on the question before it2 nor1 when speaking1 can he be interrupted in his speech1 by any other member rising and moving an adjournment1 or for the orders of the day1 or by making any other privileged motion of the same kind2 it being a general rule1 that a member in possession of the floor1 or proceeding with his speech1 cannot be taken down or interrupted1 but by a call to order2 and the question of order being decided1 he is still to be heard through4 ,a call for an adjournment1 or for the orders of the day1 or for the question1 by gentlemen in their seats1 is not a motion2 as no motion can be made1 without rising and addressing the chair1 and being called to by the presiding officer4 ,such calls for the question are themselves breaches of order1 which1 though the member who has risen may respect them1 as an expression of the impatience of the assembly at further debate1 do not prevent him from going on if he pleases4 #bd4 ,the order of motions1 for the disposal of any question1 is usually fixed by a special rule1 in legislative assemblies4 ,see note to paragraph #fa4 ,,chapter ,,xii4 ,,of ,,order ,,in ,,debate4 #bja4 ,debate in a deliberative assembly must be distinguished from forensic debate1 or that which takes place before a judicial tribunal2 the former being1 in theory1 at least1 more the expression of individual opinions among the members of the same body2 the latter more a contest for victory1 between the disputants1 before a distinct and independent body2 the former not admitting of replies2 the latter regarding reply as the right of one of the parties4#be #bjb4 ,it is a general rule1 in all deliberative assemblies1 that the presiding officer shall not participate in the debate1 or other proceedings1 in any other capacity than as such officer4 ,he is only allowed1 therefore1 to state matters of fact within his knowledge2 to inform the assembly on points of order or the course of proceeding1 when called upon for that purpose1 or when he finds it necessary to do so2 and on appeals from his decision on questions of order1 to address the assembly in debate4 ,sect4 ,i4 ,as to the ,manner of ,speaking4 #bjc4 ,when a member desires to address the assembly1 on any subject before it 7as well as to make a motion71 he is to rise and stand up in his place1 uncovered1 and to address himself not to the assembly1 or any particular member1 but to the presiding officer1 who1 on hearing him1 calls to him by his name1 that the assembly may take notice who it is that speaks1 and give their attention accordingly4 ,if any question arises1 as to who shall be entitled to the floor1 where several members rise at or nearly at the same time1 it is decided in the manner already described 7#dg71 as to obtaining the floor to make a motion4 #bjd4 ,it is customary1 indeed1 for the presiding officer1 after a motion has been made1 seconded1 and proposed1 to give the floor to the mover1#bf in preference to others1 if he rises to speak2 or1 on resuming a debate1 after an adjournment1 to give the floor1 if he desires it1 to the mover of the adjournment1 in preference to other members2 or1 where two or more members claim the floor1 to prefer him who is opposed to the measure in question2 but1 in all these cases1 the determination of the presiding officer may be overruled by the assembly4 #bje4 ,it is sometimes thought1 that1 when a member1 in the course of debate1 breaks off his speech1 and gives up the floor to another for a particular purpose1 he is entitled to it again1 as of right1 when that purpose is accomplished2 but1 though this is generally conceded1 yet1 when a member gives up the floor for one purpose1 he does so for all2 and it is not possible for the presiding officer to take notice of and enforce agreements of this nature between members4 #bjf4 ,no person1 in speaking1 is to mention a member then present by his name2 but to describe him by his seat in the assembly1 or as the member who spoke last1 or last but one1 or on the other side of the question1 or by some other equivalent expression4 ,the purpose of this rule is to guard as much as possible against the excitement of all personal feeling1 either of favor or of hostility1 by separating1 as it were1 the official from the personal character of each member1 and having regard to the former only in the debate4 #bjg4 ,if the presiding officer rises up to speak1 any other member1 who may have risen for the same purpose1 ought to sit down1 in order that the former may be first heard2 but this rule does not authorize the presiding officer to interrupt a member1 whilst speaking1 or to cut off one to whom he has given the floor2 he must wait like other members until such member has done speaking4 #bjh4 ,a member1 whilst speaking1 must remain standing in his place1 uncovered2 and1 when he has finished his speech1 he ought to resume his seat2 but if unable to stand without pain or inconvenience1 in consequence of age1 sickness1 or other infirmity1 he may be indulged to speak sitting4 ,sect4 ,,ii4 ,as to the ,matter in ,speaking4 #bji4 ,every question1 that can be made in a deliberative assembly1 is susceptible of being debated1#bg according to its nature2 that is1 every member has the right of expressing his opinion upon it4 ,hence1 it is a general rule1 and the principal one relating to this matter1 that1 in debate1 those who speak are to confine themselves to the question1 and not to speak impertinently1 or beside the subject4 ,so long as a member has the floor1 and keeps within the rule1 he may speak for as long a time as he pleases2 though1 if an uninteresting speaker trespasses too much upon the time and patience of the assembly1 the members seldom fail to show their dissatisfaction in some way or other1 which induces him to bring his remarks to a close4 #baj4 ,it is also a rule1 that no person1 in speaking1 is to use indecent language against the proceedings of the assembly1 or to reflect upon any of its prior determinations1 unless he means to conclude his remarks with a motion to rescind such determination2 but while a proposition under consideration is still pending1 and not adopted1 though it may have been reported by a committee1 reflections on it are no reflections on the assembly4 ,the rule applies equally to the proceedings of committees2 which are1 indeed1 the proceedings of the assembly4 #baa4 ,another rule in speaking is1 that no member is at liberty to digress from the matter of the question1 to fall upon the person of another1 and to speak reviling1 nipping1 or unmannerly words of or to him4 ,the nature or consequences of a measure may be reprobated in strong terms2 but to arraign the motives of those who advocate it1 is a personality and against order4 #bab4 ,it is very often an extremely difficult and delicate matter to decide whether the remarks of a member are pertinent or relevant to the question2 but it will1 in general1 be safe for the presiding officer to consider them so1 unless they very clearly reflect1 in an improper manner1 either upon the person or motives of a member1 or upon the proceedings of the assembly2 or the member speaking digresses from or manifestly mistakes the question4 #bac4 ,it often happens in the consideration of a subject1 that1 whilst the general question remains the same1 the particular question before the assembly is constantly changing2 thus1 while1 for example1 the general question is on the adoption of a series of resolutions1 the particular question may1 at one moment1 be on an amendment2 at another on postponement2 and1 again1 on the previous question4 ,in all these cases1 the particular question supersedes1 for the time1 the main question2 and those who speak to it must confine their remarks accordingly4 ,the enforcement of order1 in this respect1 requires the closest attention on the part of the presiding officer4 #bad4 ,when a member is interrupted by the presiding officer1 or called to order by a member1#bh for irrelevancy or departing from the question1 a question may be made as to whether he shall be allowed to proceed in his remarks1 in the manner he was speaking when he was interrupted2 but1 if no question is made1 or if one is made and decided in the negative1 he is still to be allowed to proceed in order1 that is1 abandoning the objectionable course of remark4 ,sect4 ,,iii4 ,as to ,times of speaking4 #bae4 ,the general rule1 in all deliberative assemblies1 unless it is otherwise specially provided1 is1 that no member shall speak more than once to the same question2#bi although the debate on that question may be adjourned and continued through several days2 and1 although a member1 who desires to speak a second time1 has1 in the course of the debate1 changed his opinion4 #baf4 ,this rule refers to the same question1 technically considered2 for1 if a resolution is moved and debated1 and then referred to a committee1 those who speak on the introduction of the motion may speak again on the question presented by the report of the committee1 though it is substantially the same question with the former2 and1 so1 members1 who have spoken on the principal or main question1 may speak again on all the subsidiary or incidental questions arising in the course of the debate4 #bag4 ,the rule1 as to speaking but once on a question1 if strictly enforced1 will prevent a member from speaking a second time without the general consent of the assembly1 so long as there is any other member who himself desires to speak2 but1 when all who desire to speak have spoken1 a member may speak a second time by leave of the assembly4 #bah4 ,a member may also be permitted to speak a second time1 in the same debate1 in order to clear a matter of fact2 or merely to explain himself in some material part of his speech2 or to the orders of the assembly1 if they be transgressed 7although no question may be made71 but carefully keeping within that line and not falling into the matter itself4 #bai4 ,it is sometimes supposed1 that1 because a member has a right to explain himself1 he therefore has a right to interrupt another member whilst speaking1 in order to make the explanation3 but this is a mistake2 he should wait until the member speaking has finished2 and if a member1 on being requested1 yields the floor for an explanation1 he relinquishes it altogether4 ,sect4 ,,iv4 ,as to stopping ,debate4 #bbj4 ,the only mode in use1 in this country1 until recently1 for the purpose of putting an end to an unprofitable or tiresome debate1 was by moving the previous question2 the effect of which motion1 as already explained1 if decided in the affirmative1 is to require the main or principal question to be immediately taken4 ,when this question is moved1 therefore1 it necessarily suspends all further consideration of the main question1 and precludes all further debate or amendment of it2 though1 as has been seen1 it stands in the same degree with postponement1 amendment1 and commitment2 and1 unless in virtue of a special rule1 cannot be moved while either of those motions is pending4 #bba4 ,the other mode of putting an end to debate1 which has recently been introduced into use1 is for the assembly to adopt beforehand a special order in reference to a particular subject1 that1 at such a time specified1 all debate upon it shall cease1 and all motions or questions pending in relation to it shall be decided4 #bbb4 ,another rule1 which has lately been introduced for the purpose of shortening rather than stopping debate1 is1 that no member shall be permitted to speak more than a certain specified time on any question2 so that1 when the time allotted has expired1 the presiding officer announces the fact1 and the member speaking resumes his seat4#cj ,sect4 ,v4 ,as to ,decorum in ,debate4 #bbc4 ,every member having the right to be heard1 every other member is bound to conduct himself in such a manner1 that this right may be effectual4 ,hence1 it is a rule of order1 as well as of decency1 that no member is to disturb another in his speech by hissing1 coughing1 spitting2 by speaking1 or whispering2 by passing between the presiding officer and the member speaking2 by going across the assembly-room1 or walking up and down in it2 or by any other disorderly deportment1 which tends to disturb or disconcert a member who is speaking4 #bbd4 ,but1 if a member speaking finds1 that he is not regarded with that respectful attention1 which his equal right demands1--that it is not the inclination of the assembly to hear him1--and that by conversation or any other noise they endeavor to drown his voice1--it is his most prudent course to submit himself to the pleasure of the assembly1 and to sit down2 for it scarcely ever happens1 that the members of the assembly are guilty of this piece of ill-manners1 without some excuse or provocation1 or that they are so wholly inattentive to one1 who says anything worth their hearing4 #bbe4 ,it is the duty of the presiding officer1 in such a case1 to endeavor to reduce the assembly to order and decorum2 but1 if his repeated calls to order1 and his appeals to the good sense and decency of the members1 prove ineffectual1 it then becomes his duty to call by name any member who obstinately persists in irregularity2 whereupon the assembly may require such member to withdraw2 who is then to be heard1 if he desires it1 in exculpation1 and to withdraw2 then the presiding officer states the offence committed1 and the assembly considers of the kind and degree of punishment to be inflicted4 #bbf4 ,if1 on repeated trials1 the presiding officer finds that the assembly will not support him in the exercise of his authority1 he will then be justified1 but not till then1 in permitting1 without censure1 every kind of disorder4 ,sect4 ,,vi4 ,as to ,disorderly ,words4 #bbg4 ,if a member1 in speaking1 makes use of language1 which is personally offensive to another1 or insulting to the assembly1 and the member offended1 or any other1 thinks proper to complain of it to the assembly1 the course of proceedings is as follows3 #bbh4 ,the member speaking is immediately interrupted in the course of his speech1 by another or several members rising and calling to order2 and1 the member1 who objects or complains of the words1 is then called upon by the presiding officer to state the words which he complains of1 repeating them exactly as he conceives them to have been spoken1 in order that they may be reduced to writing by the clerk2 or the member complaining1 without being so called upon1 may proceed at once to state the words either verbally or in writing1 and desire that the clerk may take them down at the table4 ,the presiding officer may then direct the clerk to take them down2 but if he sees the objection to be a trivial one1 and thinks there is no foundation for their being thought disorderly1 he will prudently delay giving any such directions1 in order not unnecessarily to interrupt the proceedings2 though if the members generally seem to be in favor of having the words taken down1 by calling out to that effect1 or by a vote1 which the assembly may doubtless pass1 the presiding officer should certainly order the clerk to take them down1 in the form and manner in which they are stated by the member who objects4 #bbi4 ,the words objected to being thus written down1 and forming a part of the minutes in the clerk's book1 they are next to be read to the member who was speaking1 who may deny that those are the words which he spoke1 in which case1 the assembly must decide by a question1 whether they are the words or not4#ca ,if he does not deny that he spoke those words1 or when the assembly has itself determined what the words are1 then the member may either justify them1 or explain the sense in which he used them1 so as to remove the objection of their being disorderly2 or he may make an apology for them4 #bcj4 ,if the justification1 or explanation1 or apology1 of the member1 is thought sufficient by the assembly1 no further proceeding is necessary2 the member may resume and go on with his speech1 the assembly being presumed1 unless some further motion is made1 to be satisfied2 but if any two members 7one to make and the other to second the motion7 think it necessary to state a question1 so as to take the sense of the assembly upon the words1 and whether the member in using them has been guilty of any offence towards the assembly1 the member must withdraw before that question is stated2 and then the sense of the assembly must be taken1 and such further proceedings had in relation to punishing the member1 as may be thought necessary and proper4 #bca4 ,the above is the course of proceeding established by the writers of greatest authority1#cb and ought invariably to be pursued2 it might however be improved1 by the member who objects to words writing them down at once1 and thereupon moving that they be made a part of the minutes2 by which means1 the presiding officer would be relieved from the responsibility of determining1 in the first instance1 upon the character of the words4 #bcb4 ,if offensive words are not taken notice of at the time they are spoken1#cc but the member is allowed to finish his speech1 and then any other person speaks1 or any other matter of business intervenes1 before notice is taken of the words which gave offence1 the words are not to be written down1 or the member using them censured4 ,this rule is established for the common security of all the members2 and to prevent the mistakes which must necessarily happen1 if words complained of are not immediately reduced to writing4 #be4 ,an exception to this rule is sometimes made in favor of the mover of a question1 who is allowed1 at the close of the debate1 to reply to the arguments brought against his motion2 but this is a matter of favor and indulgence1 and not of right4 #bf4 ,sometimes a member1 instead of proposing his motion1 at first1 proceeds with his speech2 but in such a case1 he is liable to be taken down to order1 unless he states that he intends to conclude with a motion1 and informs the assembly what that motion is1 and then he may be allowed to proceed4 #bg4 ,in legislative bodies1 it is usual to provide1 that certain questions as1 for example1 to adjourn1 to lie on the table1 for the previous question1 or1 as to the order of business1 shall be decided without debate4 #bh4 8,in the latter event1 the member will rise1 and addressing himself to the presiding officer1 will say1 #8,i rise to a point of order4' ,when requested by the chair to state it1 he will specify the thing he objects to4 ,if the chair rules that the member is out of order in his remarks1 and no appeal is taken from the decision1 he will abandon the line of remark condemned1 and1 if permitted1 proceed in order4 8,should an appeal be taken1 it will be decided without debate40--,ed4 #bi4 ,the mover and seconder1 if they do not speak to the question1 at the time when the motion is made and seconded1 have the same right with other members to address the assembly4 #cj4 8,in the ,house of ,commons1 ,england1 ever since the ,irish ,parliamentary ,party proved strong enough to combat with the ,opposition by obstructing all bills in the endeavor to procure #8,home ,rule' for ,ireland there has been nothing but turmoil over every bill proposed2 to stop this the #8,government ,party' passed a rule which was applied whenever obstruction or debate was carried too far2 this was called #8,cloture4' ,it is used as a #8gag' law1 as when #8,cloture' is moved every thing or motion is subordinated to the motion in favor of which #8,cloture' was applied40--,ed4 --,also see note on page #afc4 #ca4 ,the words1 as written down1 may be amended1 so as to conform to what the assembly thinks to be the truth4 #cb4 ,mr4 ,hatsell1 in ,england1 and ,mr4 ,jefferson1 in this country4 #cc4 ,mr4 ,jefferson 7 #ag7 lays it down1 that 8disorderly words are not to be noticed till the member has finished his speech40 ,but in this1 he is contradicted by ,hatsell1 as well as by the general practice of legislative bodies4 ,,chapter ,,xiii4 ,,of ,,the ,,question4 #bcc4 ,when any proposition is made to a deliberative assembly1 it is called a motion2 when it is stated or propounded to the assembly1 for their acceptance or rejection1 it is denominated a question2 and1 when adopted1 it becomes the order1 resolution1 or vote1 of the assembly4 #bcd4 ,all the proceedings1 which have thus far been considered1 have only had for their object to bring a proposition into a form to be put to the question2 that is1 to be adopted as the sense1 will1 or judgment1 of the assembly1 or to be rejected2 according as such proposition may be found to unite in its favor1 or to fail of uniting a majority of the members4 #bce4 ,when any proposition1 whether principal1 subsidiary1 or incidental1 or of whatever nature it may be1 is made1 seconded1 and stated1 if no alteration is proposed1--or if it admits of none1 or if it is amended1--and the debate upon it1 if any1 appears to be brought to a close1 the presiding officer then inquires1 whether the assembly is ready for the question8 and1 if no person rises1 the question is then stated1 and the votes of the assembly taken upon it4 #bcf4 ,the question is not always stated to the assembly1 in the precise form in which it arises or is introduced2 thus1 for example1 when a member presents a petition1 or the chairman of a committee offers a report1 the question which arises1 if no motion is made1 is1 ,shall the petition or the report be received8 and1 so1 when the previous question is moved1 it is stated in this form1 ,shall the main question be now put8--the question being stated1 in all cases1 in the form in which it will appear on the journal1 if it passes in the affirmative4 #bcg4 ,in matters of trifling importance1 or which are generally of course1 such as receiving petitions and reports1 withdrawing motions1 reading papers1 etc41 the presiding officer most commonly supposes or takes for granted the consent of the assembly1 where no objection is expressed1 and does not go through the formality of taking the question by a vote4 ,but if1 after a vote has been taken in this informal way and declared1 any member rises to object1 the presiding officer should consider every thing that has passed as nothing1 and1 at once1 go back and pursue the regular course of proceeding4 ,thus1 if a petition is received1 without a question1 and the clerk is proceeding to read it1 in the usual order of business1 if any one rises to object1 it will be the safest and most proper course1 for the presiding officer to require a motion for receiving it to be regularly made and seconded4 #bch4 ,the question being stated by the presiding officer1 he first puts it in the affirmative1 namely3 ,as many as are of opinion that--repeating the words of the question1--say aye2 and1 immediately1 all the members who are of that opinion answer aye2 the presiding officer then puts the question negatively3 ,as many as are of a different opinion say no2 and1 thereupon1 all the members who are of that opinion answer no4 ,the presiding officer judges by his ear which side has 8the more voices10 and decides accordingly1 that the ayes have it1 or the noes have it1 as the case may be4 ,if the presiding officer is doubtful as to the majority of voices1 he may put the question a second time1 and if he is still unable to decide1 or1 if1 having decided according to his judgment1 any member rises and declares that he believes the ayes or the noes 7whichever it may be7 have it1 contrary to the declaration of the presiding officer1#cd then the presiding officer directs the assembly to divide1 in order that the members on the one side and the other may be counted4 #bci4 ,if1 however1 any new motion should be made1 after the presiding officer's declaration1 or1 if a member1 who was not in the assembly-room when the question was taken1 should come in1 it will then be too late to contradict the presiding officer1 and have the assembly divided4 #bdj4 ,the above is the parliamentary form of taking a question1 and is in general use in this country2 but1 in some of our legislative assemblies1 and especially in those of the ,new ,england states1 the suffrages are given by the members holding up their right hands1 first those in the affirmative1 and then those in the negative1 of the question4 ,if the presiding officer cannot determine1 by the show of hands1 which side has the majority1 he may call upon the members to vote again1 and if he is still in doubt1 or if his declaration is questioned1 a division takes place4 ,when the question is taken in this manner1 the presiding officer directs the members1 first on the affirmative side1 and then on the negative1 to manifest their opinion by holding up the right hand4 #bda4 ,when a division of the assembly takes place1 the presiding officer sometimes directs the members to range themselves on different sides of the assembly-room1 and either counts them himself1 or they are counted by tellers appointed by him for the purpose1 or by monitors permanently appointed for that and other purposes2 or the members rise in their seats1 first on the affirmative and then on the negative1 and 7standing uncovered7 are counted in the same manner4 ,when the members are counted by the presiding officer1 he announces the numbers and declares the result4 ,when they are counted by tellers or monitors1 the tellers must first agree among themselves1 and then the one who has told for the majority reports the numbers to the presiding officer1 who1 thereupon1 declares the result4 #bdb4 ,the best mode of dividing an assembly1 that is at all numerous1 is for the presiding officer to appoint tellers for each division or section of the assembly-room1 and then to require the members1 first those in the affirmative1 and then those in the negative1 to rise1 stand uncovered1 and be counted2 this being done1 on each side1 the tellers of the several divisions make their returns1 and the presiding officer declares the result4 #bdc4 ,if the members are equally divided1 the presiding officer may1 if he pleases1 give the casting vote2 or1 if he chooses1 he may refrain from voting1 in which case1 the motion does not prevail1 and the decision is in the negative4 #bdd4 ,it is a general rule1 that every member1 who is in the assembly-room at the time when the question is stated1 has not only the right but is bound to vote2 and1 on the other hand1 that no member can vote1 who was not in the room at that time4 #bde4 ,the only other form of taking the question1 which requires to be described1 is one in general use in this country1 by means of which the names of the members voting on the one side and on the other are ascertained and entered in the journal of the assembly4 ,this mode1 which is peculiar to the legislative bodies of the ,united ,states1 is called taking the questions by yeas and nays4 ,in order to take a question in this manner1 it is stated on both sides at once1 namely3 ,as many as are or opinion1 that1 etc41 will when their names are called1 answer yes2 and ,as many as are of a different opinion will1 when their names are called1 answer no2 the roll of the assembly is then called over by the clerk1 and each member1 as his name is called1 rises in his place1 and answers yes or no1 and the clerk notes the answer as the roll is called4 ,when the roll has been gone through the clerk reads over first the names of those who have answered in the affirmative and then the names of those who have answered in the negative1 in order that if he has made any mistake in noting the answer1 or if any member has made a mistake in his answer1 the mistake of either may be corrected4 ,the names having been thus read over1 and the mistakes1 if any1 corrected1 the clerk counts the numbers on each side1 and reports them to the presiding officer1 who declares the result to the assembly4 #bdf4 ,the following is the mode practised in the house of representatives of ,massachusetts1 7which is by far the most numerous of all the legislative bodies in this country17 of taking a question by yeas and nays4 ,the names of the members being printed on a sheet1 the clerk calls them in their order2 and as each one answers1 the clerk 7responding to the member1 at the same time7 places a figure in pencil1 expressing the number of the answer1 at the left or right of the name1 according as the answer is yes or no2 so that the last figure or number1 on each side1 shows the number of the answers on that side2 and the two last numbers or figures represent the respective numbers of the affirmatives and negatives on the division4 ,thus1 at the left hand of the name of the member who first answers yes1 the clerk places a figure #a2 at the right hand of the first member who answers no1 he also places a figure #a2 the second member that answers yes is marked #b2 and so on to the end of the list2 the side of the name1 on which the figure is placed1 denoting whether the answer is yes or no1 and the figure denoting the number of the answer on that side4 ,the affirmatives and negatives are then read separately1 if necessary1 though this is usually omitted1 and the clerk is then prepared1 by means of the last figure on each side1 to give the numbers to the speaker to be announced to the house4 ,the names and answers are afterwards recorded on the journal4 #bdg4 ,in any of the modes of taking a question1 in which it is first put on one side1 and then on the other1 it is no full question1 until the negative as well as the affirmative has been put4 ,consequently1 until the negative has been put1 it is in order for any member1 in the same manner as if the division had not commenced1 to rise and speak1 make motions for amendment1 or otherwise1 and thus renew the debate2 and this1 whether such member was in the assembly-room or not1 when the question was put and partly taken4 ,in such a case1 the question must be put over again on the affirmative as well as the negative side2 for the reason1 that members who were not in the assembly-room1 when the question was first put1 may have since come in1 and also that some of those who voted1 may have since changed their minds4 ,when a question is taken by yeas and nays1 and the negative as well as the affirmative of the question is stated1 and the voting on each side begins and proceeds at the same time1 the question cannot be opened and the debate renewed1 after the voting has commenced4 #bdh4 ,if any question arises1 in a point of order1 as1 for example1 as to the right or the duty of a member to vote1 during a division1 the presiding officer must decide it peremptorily1 subject to the revision and correction of the assembly1 after the division is over4 ,in a case of this kind1 there can be no debate1 though the presiding officer may if he pleases receive the assistance of members with their advice1 which they are to give sitting1 in order to avoid even the appearance of a debate2 but this can only be with the leave of the presiding officer1 as otherwise the division might be prolonged to an inconvenient length2 nor can any question be taken1 for otherwise there might be division upon division without end4 #bdi4 ,when1 from counting the assembly on a division1 it appears that there is not a quorum present1 there is no decision2 but the matter in question continues in the same state1 in which it was before the division2 and1 when afterwards resumed1 whether on the same or on some future day1 it must be taken up at that precise point4 #cd4 ,the most common expression is3 8,i doubt the vote10 or1 8that vote is doubted40 ,,chapter ,,xiv4 ,,of ,,reconsideration4 #bej4 ,it is a principle of parliamentary law1 upon which many of the rules and proceedings previously stated are founded1 that when a question has once been put to a deliberative assembly1 and decided1 whether in the affirmative or negative1 that decision is the judgment of the assembly1 and cannot be again brought into question4 #bea4 ,this principle holds equally1 although the question proposed is not the identical question which has already been decided1 but only its equivalent2 as1 for example1 where the negative of one question amounts to the affirmative of the other1 and leaves no other alternative1 these questions are the equivalents of one another1 and a decision of the one necessarily concludes the other4 #beb4 ,a common application of the rule as to equivalent questions occurs in the case of an amendment proposed by striking out words2 in which it is the invariable practice to consider the negative of striking out as equivalent to the affirmative of agreeing2 so that to put a question on agreeing1 after a question on striking out its negatived1 would be1 in effect1 to put the same question twice over4 #bec4 ,the principle above stated does not apply so as to prevent putting the same question in the different stages of any proceeding2 as1 for example1 in legislative bodies1 the different stages of a bill2 so1 in considering reports of committees1 questions already taken and decided1 before the subject was referred1 may be again proposed2 and1 in like manner1 orders of the assembly1 and instructions or references to committees1 may be discharged or rescinded4 #bed4 ,the inconvenience of this rule1 which is still maintained in all its strictness in the ,british parliament 7though divers expedients are there resorted to to counteract or evade it71#ce has led to the introduction into the parliamentary practice of this country of the motion for reconsideration2 which1 while it recognizes and upholds the rule in all its ancient strictness1 yet allows a deliberative assembly1 for sufficient reasons1 to relieve itself from the embarrassment and inconvenience1 which would occasionally result from a strict enforcement of the rule in a particular case4 #bee4 ,it has now come to be a common practice in all our deliberative assemblies1 and may consequently be considered as a principle of the common parliamentary law of this country1 to reconsider a vote already passed1 whether affirmatively or negatively4 #bef4 ,for this purpose1 a motion is made and seconded1 in the usual manner1 that such a vote be reconsidered2 and1 if this motion prevails1 the matter stands before the assembly in precisely the same state and condition1 and the same questions are to be put in relation to it1 as if the vote reconsidered had never been passed4 ,thus1 if an amendment by inserting words is moved and rejected1 the same amendment cannot be moved again2 but1 the assembly may reconsider the vote by which it was rejected1 and then the question will recur on the amendment1 precisely as if the former vote had never been passed4 #beg4 ,it is usual in legislative bodies1 to regulate by a special rule the time1 manner1 and by whom1 a motion to reconsider may be made2 thus1 for example1 that it shall be made only on the same or a succeeding day1--by a member who voted with the majority1--or at a time when there are as many members present as there were when the vote was passed2 but1 where there is no special rule on the subject1 a motion to reconsider must be considered in the same light as any other motion1 and as subject to no other rules4 #ce4 8,the ,english ,parliament rigidly maintains the principle that when a subject has been once decided1 either in the affirmative or negative1 it is to remain permanently as the judgment of the house4 ,to remedy the inconveniences that sometimes occur1 it resorts to various expedients2 as1 by passing an explanatory act1 or an act to rectify mistakes in an act1 etc40--,ed4 ,,chapter ,,xv4 ,,of ,,committees4 ,sect4 ,i4 ,their ,nature and ,functions4 #beh4 ,it is usual in all deliberative assemblies1 to take the preliminary 7sometimes1 also1 the intermediate7 measures1 and to prepare matters to be acted upon1 in the assembly1 by means of committees1 composed either of members specially selected for the particular occasion1 or appointed beforehand for all matters of the same nature4 #bei4 ,committees of the first kind are usually called select1 the others standing2 though the former appellation belongs with equal propriety to both1 in order to distinguish them from another form of committee1 constituted either for a particular occasion1 or for all cases of a certain kind1 which is composed of all the members of the assembly1 and therefore denominated a committee of the whole4 #bfj4 ,the advantages of proceeding in this mode are manifold4 ,it enables a deliberative assembly to do many things1 which1 from its numbers1 it would be otherwise be unable to do2--to accomplish a much greater quantity of business1 by dividing it among the members1 than could possibly be accomplished1 if the whole body were obliged to devote itself to each particular subject2--and to act in the preliminary and preparatory steps1 with a greater degree of freedom1 than is compatible with the forms of proceeding usually observed in full assembly4 #bfa4 ,committees are appointed to consider a particular subject1 either at large or under special instructions3 to obtain information in reference to a matter before the assembly1 either by personal inquiry and inspection1 or by the examination of witnesses2 and to digest and put into the proper form1 for the adoption of the assembly1 all resolutions1 votes1 orders1 and other papers1 with which they may be charged4 ,committees are commonly said to be the 8eyes and ears0 of the assembly2 it is equally true1 that1 for certain purposes1 they are also its 8head and hands40 #bfb4 ,the powers and functions of committees depend chiefly upon the general authority and particular instructions given them by the assembly1 at the time of their appointment2 but they may also be1 and very often are1 further instructed1 whilst they are in the exercise of their functions2 and1 sometimes1 it even happens1 that these additional instructions wholly change the nature of a committee1 by charging it with inquiries quite different from those for which it was originally established4 ,sect4 ,,ii4 ,their ,appointment4 #bfc4 ,in the manner of appointing committees1 there is no difference between standing and other select committees1 as to the mode of selecting the members to compose them2 and1 in reference to committees of the whole1 as there is no selection of members1 they are appointed simply by the order of the assembly4 #bfd4 ,in the appointment of select committees1 the first thing to be done is to fix upon the number4 ,this is usually effected in the same manner that blanks are filled1 namely1 by members proposing1 without the formality of a motion1 such members as they please1 which are then separately put to the question1 beginning with the largest and going regularly through to the smallest1 until the assembly comes to a vote4 #bfe4 ,the number being settled1 there are three modes of selecting the members1 to wit1 by the appointment of the presiding officer1--by ballot1--and by nomination and vote of the assembly2 the first1 sometimes in virtue of a standing rule1 sometimes in pursuance of a vote of the assembly in a particular case2 the second always in pursuance of a vote2 the last is the usual course where no vote is taken4 #bff4 ,in deliberative assemblies1 whose sittings are of considerable length1 as legislative bodies1 it is usual to provide by a standing rule1 that1 unless otherwise ordered in a particular case1 all committees shall be named by the presiding officer4 ,where this is the case1 whenever a committee is ordered1 and the number settled1 the presiding officer at once names the members to compose it4 ,sometimes1 also1 the rule fixes the number1 of which1 unless otherwise ordered1 committees shall consist4 ,this mode of appointing a committee is frequently resorted to1 where there is no rule on the subject4 #bfg4 ,when a committee is ordered to be appointed by ballot1 the members are chosen by the assembly1 either singly or altogether1 as may be ordered1 in the same manner that other elections are made2 and1 in such elections1 as in other cases of the election of the officers of the assembly1 a majority of all the votes given in is necessary to a choice4 #bfh4 ,when a committee is directed to be appointed by nomination and vote1 the names of the members proposed are put to the question singly1 and approved or rejected by the assembly1 by a vote taken in the usual manner4 ,if the nomination is directed to be made by the presiding officer1 he may propose the names in the same manner1 or all at once2 the former mode being the most direct and simple2 the latter enabling the assembly to vote more understandingly upon the several names proposed4 ,when the nomination is directed to be made at large1 the presiding officer calls upon the assembly to nominate1 and names being mentioned accordingly1 he puts to vote the first name he hears4 #bfi4 ,it is also a compendious mode of appointing a committee1 to revive one which has already discharged itself by a report2 or by charging a committee appointed for one purpose with some additional duty1 of the same or a different character4 #bgj4 ,in regard to the appointment of committees1 so far as the selection of the members is concerned1 it is a general rule in legislative bodies1 when a bill is to be referred1 that none who speak directly against the body of it are to be of the committee1 for the reason1 that he who would totally destroy will not amend2 but that1 for the opposite reason1 those who only take exceptions to some particulars in the bill are to be of the committee4 ,this rule supposes the purpose of the commitment to be1 not the consideration of the general merits of the bill1 but the amendment of it in its particular provisions1 so as to make it acceptable to the assembly4 #bga4 ,this rule1 of course1 is only for the guidance of the presiding officer1 and the members1 in the exercise of their discretion2 as the assembly may refuse to excuse from serving1 or may itself appoint1 on a committee1 persons who are opposed to the subject referred4 ,it is customary1 however1 in all deliberative assemblies1 to constitute a committee of such persons 7the mover and seconder of a measure being of course appointed71 a majority of whom1 at least1 are favorably inclined to the measure proposed4#cf #bgb4 ,when a committee has been appointed1 in reference to a particular subject1 it is the duty of the secretary of the assembly to make out a list of the members1 together with a certified copy of the authority or instructions under which they are to act1 and to give the papers to the member first named on the list of the committee1 if convenient1 but1 otherwise1 to any other member of the committee4 ,sect4 ,,iii4 ,their ,organization and ,manner of ,proceeding4 #bgc4 ,the person first named on a committee acts as its chairman1 or presiding officer1 so far as relates to the preliminary steps to be taken1 and is usually permitted to do so1 through the whole proceedings2 but this is a matter of courtesy2 every committee having a right to elect its own chairman1 who presides over it1 and makes the report of its proceedings to the assembly4 #bgd4 ,a committee is properly to receive directions from the assembly1 as to the time and place of its meeting1 and cannot regularly sit at any other time or place2 and it may be ordered to sit immediately1 whilst the assembly is sitting1 and make its report forthwith4 #bge4 ,when no directions are given1 a committee may select its own time and place of meeting2 but1 without a special order to that effect1 it is not at liberty to sit whilst the assembly sits2 and1 if a committee is sitting1 when the assembly comes to order after an adjournment1 it is the duty of the chairman to rise1 instantly1 on being certified of it1 and1 with the other members1 to attend the service of the assembly4 #bgf4 ,in regard to its forms of proceeding1 a committee is essentially a miniature assembly2--it can only act when regularly assembled together1 as a committee1 and not by separate consultation and consent of the members2 nothing being the agreement or report of a committee1 but what is agreed to in that manner2--a vote taken in committee is as binding as a vote of the assembly2--a majority of the members is necessary to constitute a quorum for business1 unless a larger or smaller number has been fixed by the assembly itself2--and a committee has full power over whatever may be committed to it1 except that it is not at liberty to change the title or subject4 #bgg4 ,a committee1 which is under no directions as to the time and place of meeting1 may meet when and where it pleases1 and adjoin itself from day to day1 or otherwise1 until it has gone through with the business committed to it2 but1 if it is ordered to meet at a particular time1 and it fails of doing so1 for any cause1 the committee is closed1 and cannot act without being newly directed to sit4 #bgh4 ,disorderly words spoken in a committee must be written down in the same manner as in the assembly2 but the committee1 as such1 can do nothing more than report them to the assembly for its animadversion2 neither can a committee punish disorderly conduct of any other kind1 but must report it to the assembly4 #bgi4 ,when any paper is before a committee whether select or of the whole1 it may either have originated with the committee1 or have been referred to them2 and1 in either case1 when the paper comes to be considered1 the course is for it to be first read entirely through1 by the clerk of the committee1 if there is one1 otherwise by the chairman2 and then to be read through again by paragraphs by the chairman1 pausing at the end of each paragraph1 and putting questions for amending1 either by striking out or inserting1 if proposed4 ,this is the natural order of proceeding in considering and amending any paper1 and is to be strictly adhered to in the assembly2 but the same strictness does not seem necessary in a committee4 #bhj4 ,if the paper before a committee is one which has originated with the committee1 questions are put on amendments proposed1 but not on agreeing to the several paragraphs of which it is composed1 separately1 as they are gone through with2 this being reserved for the close1 when a question is to be put on the whole1 for agreeing to the paper1 as amended1 or unamended4 #bha4 ,if the paper be one1 which has been referred to the committee1 they proceed as in the other case to put questions of amendment1 if proposed1 but no final question on the whole2 because all the parts of the paper1 having been passed upon if not adopted by the assembly as the basis of its action1 stand1 of course1 unless altered or struck out by a vote of the assembly4 ,and even if the committee are opposed to the whole paper1 and are of opinion1 that it cannot be made good by amendments1 they have no authority to reject it2 they must report it back to the assembly1 without amendments1 7specially stating their objections1 if they think proper17 and there make their opposition as individual members4#cg #bhb4 ,in the case of a paper originating with a committee1 they may erase or interline it as much as they please2 though1 when finally agreed to1 it ought to be reported in a clear draft1 fairly written1 without erasure or interlineation4 #bhc4 ,but1 in the case of a paper referred to a committee1 they are not at liberty to erase1 interline1 blot1 disfigure1 or tear it1 in any manner2 but they must1 in a separate paper1 set down the amendments they have agreed to report1 stating the words which are to be inserted or omitted1 and the place where the amendments are to be made1 by references to the paragraph or section1 line1 and word4 #bhd4 ,if the amendments agreed to are very numerous and minute1 the committee may report them altogether1 in the form of a new and amended draft4 #bhe4 ,when a committee has gone through the paper1 or agreed upon a report on the subject1 which has been referred to them1 it is then moved by some member1 and thereupon voted1 that the committee rise1 and that the chairman1 or some other member1 make their report to the assembly4 ,sect4 ,,iv4 ,their ,report4 #bhf4 ,when the report of a committee is to be made1 the chairman1 or member appointed to make the report1 standing in his place1 informs the assembly1 that the committee1 to whom was referred such a subject or paper1 have1 according to order1 had the same under consideration1 and have directed him to make a report thereon1 or to report the same with sundry amendments1 or without amendment1 as the case may be1 which he is ready to do1 when the assembly shall please2 and he or any other member may then move that the report be now received4 ,on this motion being made1 the question is put whether the assembly will receive the report at that time2 and a vote passes1 accordingly1 either to receive it then1 or fixing upon some future time for its reception4 #bhg4 ,at the time1 when1 by the order of the assembly1 the report is to be received1 the chairman reads it in his place1 and then delivers it1 together with all the papers1 connected with it1 to the clerk at the table2 where it is again read1 and then lies on the table1 until the time assigned1 or until it suits the convenience of the assembly1 to take it up for consideration4 #bhh4 ,if the report of the committee is of a paper with amendments1 the chairman reads the amendments with the coherence in the paper1 whatever it may be1 and opens the alterations1 and the reasons of the committee for the amendments1 until he has gone through the whole2 and1 when the report is read at the clerk's table1 the amendments only are read without the coherence4 #bhi4 ,in practice1 however1 the formality of a motion and vote on the reception of a report is usually dispensed with2 though1 if any objection is made1 or if the presiding officer sees any informality in the report1 he should decline receiving it without a motion and vote2 and a report1 if of any considerable length1 is seldom read1 either by the chairman in his place1 or by the clerk at the table1 until it is taken up for consideration4 ,in legislative assemblies1 the printing of reports generally renders the reading of them unnecessary4 #bij4 ,the report of a committee being made and received1 the committee is dissolved1 and can act no more without a new power2 but their authority may be revived by a vote1 and the same matter recommitted to them4 ,if a report1 when offered to the assembly1 is not received1 the committee is not thereby discharged1 but may be ordered to sit again1 and a time and place appointed accordingly4 #bia4 ,when a subject or paper has been once committed1 and a report made upon it1 it may be recommitted either to the same or a different committee2 and if a report is recommitted1 before it has been agreed to by the assembly1 what has heretofore passed in the committee is of no validity2 the whole question being again before the committee1 as if nothing had passed there in relation to it4 #bib4 ,the report of a committee may be made in three different forms1 namely3 first1 it may contain merely a statement of facts1 reasoning1 or opinion1 in relation to the subject of it1 without any specific conclusion2 or1 second1 a statement of facts1 reasoning1 or opinion1 concluding with a resolution1 or series of resolutions1 or some other specific proposition2 or1 third1 it may consist merely of such resolutions1 or propositions1 without any introductory part4 #bic4 ,the first question1 on a report1 is1 in strictness1 on receiving it2 though in practice1 this question is seldom or never made2 the consent of the assembly1 especially in respect to the report of a committee of the whole1 being generally presumed1 unless objection is made4 ,when a report is received1 whether by general consent1 or upon a question and vote1 the committee is discharged1 and the report becomes the basis of the future proceedings of the assembly1 on the subject to which it relates4 #bid4 ,at the time assigned for the consideration of a report1 it may be treated and disposed of precisely like any other proposition 7#ei to #gg72 and may be amended1 in the same manner 7#gh to #acc71 both in the preliminary statement1 reasoning1 or opinion1 if it contain any1 and in the resolutions1 or other propositions with which it concludes2 so if it consist merely of a statement1 etc41 without resolutions1 or of resolutions1 etc41 without any introductory part4 #bie4 ,the final question on a report1 whatever form it may have1 is usually stated on its acceptance2 and1 when accepted1 the whole report is adopted by the assembly1 and becomes the statement1 reasoning1 opinion1 resolution1 or other act1 as the case may be1 of the assembly2 the doings of a committee1 when agreed to1 adopted1 or accepted1 becoming the acts of the assembly1 in the same manner as if done originally by the assembly itself1 without the intervention of a committee4 #bif4 ,it would be better1 however1 and in stricter accordance with parliamentary rules1 to state the final question on a report1 according to the form of it4 ,if the report contain merely a statement of facts1 reasoning1 or opinion1 the question should be on acceptance2 if it also conclude with resolutions1 or other specific propositions1 of any kind1--the introductory part being consequently merged in the conclusion1--the question should be on agreeing to the resolutions1 or on adopting the order1 or other proposition1 or on passing or coming to the vote1 recommended by the committee2 and the same should be the form of the question when the report consists merely of resolutions1 etc41 without any introductory part4 ,sect4 ,v4 ,committee of the ,whole4 #big4 ,when a subject has been ordered to be referred to a committee of the whole1 the form of going from the assembly into committee1 is1 for the presiding officer1 at the time appointed for the committee to sit1 on motion made and seconded for the purpose1 to put the question that the assembly do now resolve itself into a committee of the whole1 to take under consideration such a matter1 naming it4 ,if this question is determined in the affirmative1 the result is declared by the presiding officer1 who1 naming some member to act as chairman of the committee1 then leaves the chair1 and takes a seat elsewhere1 like any other member2 and the person appointed chairman seats himself 7not in the chair of the assembly but7 at the clerk's table4#ch #bih4 ,the chairman named by the presiding officer is generally acquiesced in by the committee2 though1 like all other committees1 a committee of the whole have a right to elect a chairman for themselves1 some member1 by general consent1 putting the question4 #bii4 ,the same number of members is necessary to constitute a quorum of a committee of the whole1 as of the assembly2 and if the members present fall below a quorum1 at any time1 in the course of the proceedings1 the chairman1 on a motion and question1 rises1--the presiding officer thereupon resumes the chair1--and the chairman informs the assembly 7he can make no other report7 of the cause of the dissolution of the committee4 #cjj4 ,when the assembly is in committee of the whole1 it is the duty of the presiding officer to remain in the assembly-room1 in order to be at hand to resume the chair1 in case the committee should be broken up by some disorder1 or for want of a quorum1 or should rise1 either to report progress1 or to make their final report upon the matter committed to them4 #cja4 ,the clerk of the assembly does not act as clerk of the committee 7this is the duty of the assistant clerk in legislative bodies71 or record in his journal any of the proceedings or votes of the committee1 but only their report as made to the assembly4 #cjb4 ,the proceedings in a committee of the whole1 though1 in general1 similar to those in the assembly itself1 and in other committees1 are yet different in some respects1 the principal of which are the following3-- #cjc4 ,first4 ,the previous question cannot be moved in a committee of the whole4 ,the only means of avoiding an improper discussion is1 to move that the committee rise2 and1 if it is apprehended1 that the same discussion will be attempted on returning again into committee1 the assembly can discharge the committee1 and proceed itself with the business1 keeping down any improper discussion by means of the previous question4#ci #cjd4 ,second4 ,a committee of the whole cannot adjourn1 like other committees1 to some other time or place1 for the purpose of going on with and completing the consideration of the subject referred to them2 but if their business is unfinished1 at the usual time for the assembly to adjourn1 or1 for any other reason1 they wish to proceed no further at a particular time1 the form of proceeding is1 for some member to move that the committee rise1--report progress1--and ask leave to sit again2 and1 if this motion prevails1 the chairman rises1--the presiding officer resumes the chair of the assembly1--and the chairman of the committee informs him that the committee of the whole have1 according to order1 had under their consideration such a matter1 and have made some progress therein2#dj but1 not having had time to go through with the same1 have directed him to ask leave for the committee to sit again4 ,the presiding officer thereupon puts a question on giving the committee leave to sit again1 and also on the time when1 the assembly will again resolve itself into a committee4 ,if leave to sit again is not granted1 the committee is of course dissolved4 #cje4 ,third4 ,in a committee of the whole1 every member may speak as often as he pleases1 provided he could obtain the floor2 whereas in the assembly itself1 no member can speak more than once4 #cjf4 ,fourth4 ,a committee of the whole cannot refer any matter to another committee2 but other committees may and do frequently exercise their functions1 and expedite their business by means of sub-committees of their own members4 #cjg4 ,fifth4 ,in a committee of the whole1 the presiding officer of the assembly has a right to take a part in the debate and proceedings1 in the same manner as any other member4 #cjh4 ,sixth4 ,a committee of the whole1 like a select committee1 has no authority to punish a breach of order whether of a member1 or stranger2 but can only rise and report the matter to the assembly1 who may proceed to punish the offender4 ,disorderly words must be written down in committee1 in the same manner as in the assembly1 and reported to the assembly for their animadversion4 #cji4 ,the foregoing are the principal points of difference between proceedings in the assembly and in committees of the whole2 in most other respects they are precisely similar4 ,it is sometimes said1 that in a committee of the whole1 it is not necessary that a motion should be seconded4 ,there is no foundation1 however1 either in reason or parliamentary usage1 for this opinion4 #caj4 ,when a committee of the whole have gone through with the matter referred to them1 a member moves that the committee rise1 and that the chairman 7or some other member7 report their proceedings to the assembly2 which being resolved1 the chairman rises and goes to his place1--the presiding officer resumes the chair of the assembly1--and the chairman informs him1 that the committee have gone through with the business referred to them1 and that he is ready to make their report1 when the assembly shall think proper to receive it4 ,the time for receiving the report is then agreed upon2 and1 at the time appointed1 it is made and received in the same manner as that of any other committee 7#bhf74 #caa4 ,it sometimes happens1 that the formality of a motion and question as to the time of receiving a report is dispensed with4 ,if the assembly are ready to receive it1 at the time1 they cry out1 8now1 now10 whereupon the chairman proceeds2 if not then ready1 some other time is mentioned1 as 8to-morrow10 or 8,monday10 and that time is fixed by general consent4 ,but1 when it is not the general sense of the assembly to receive the report at the time1 it is better to agree upon and fix the time by a motion and question4#da #cf4 8,in theory1 the majority of the committee should be of the friends of the measure referred4 ,but as a general rule it will be found that1 whichever political party is in the ascendant1 that party has a majority on the committee1 as they will then be able to control the committee's workings1 etc40--,ed4 #cg4 ,this rule is not applicable1 of course1 to those cases in which the ,,subject1 as well as the ,,form ,,or ,,details of a paper1 is referred to the committee4 #ch4 ,jefferson says he will sit at the clerk's table4 ,mell says1 8,the chairman thus designated will take the ,president's chair40--,ed4 #ci4 ,if the object be to stop debate1 that can only be effected1 in the same manner1 unless there is a special rule1 as to the time of speaking1 or to taking a subject out of committee4 #dj4 ,if it is a second time1 the expression is1 8some further progress10 etc4 #da4 8,amendments proposed by the committee may be amended or rejected by the assembly1 and matters stricken out by the committee may be restored by the assembly40--,ed4 ,,concluding ,,remarks4 #cab4 ,in bringing this treatise to a close1 it will not be deemed out of place1 to make a suggestion or two for the benefit of those persons1 who may be called upon to act as presiding officers1 for the first time4 #cac4 ,one of the most essential parts of the duty of a presiding officer is1 to give the closest attention to the proceedings of the assembly1 and1 especially1 to what is said by every member who speaks4 ,without the first1 confusion will be almost certain to occur2 wasting the time1 perhaps disturbing the harmony1 of the assembly4 ,the latter is not merely a decent manifestation of respect for those who have elevated him to an honorable station2 but it tends greatly to encourage timid or diffident members1 and to secure them a patient and attentive hearing2 and it often enables the presiding officer1 by a timely interference1 to check offensive language1 in season to prevent scenes of tumult and disorder1 such as have sometimes disgraced our legislative halls4 #cad4 ,it should be constantly kept in mind by a presiding officer1 that1 in a deliberative assembly1 there can regularly be but one thing done or doing1 at the same time4 ,this caution he will find particularly useful to him1 whenever a quarrel arises between two members1 in consequence of words spoken in debate4 ,in such a case1 he will do well to require that the regular course of proceeding shall be strictly pursued2 and will take care to restrain members from interfering in any other manner4 ,in general1 the solemnity and deliberation1 with which this mode is attended1 will do much to allay heat and excitement1 and to restore harmony and order to the assembly4 #cae4 ,a presiding officer will often find himself embarrassed1 by the difficulty1 as well as the delicacy1 of deciding points of order1 or giving directions as to the manner of proceeding4 ,in such cases1 it will be useful for him to recollect1 that-- ,the great purpose of all rules and forms1 is to subserve the will of the assembly rather than to restrain it2 to facilitate1 and not to obstruct1 the expression of their deliberate sense4 99 99 99 99 99 ,,note3 ,the so-called 8cloture0 has the same end as the ,american previous question2 it is intended to cut debate short4 ,the ,english previous question works to continue debate1 and a new scheme had to be devised in #ahhb4 ,then it was that the ,french cloture was adopted and naturalized4 ,under the ,cloture act the ,speaker of the ,house or the ,chairman of ,committee may say when he thinks the subject before the ,house or the ,committee has been sufficiently discussed1 and if a motion be made 8,that the question be now put10 he shall put the question4 ,if #bjj members are in favor of putting the question1 or if less than #dj oppose it and more than #ajj are in favor1 he shall put the question on the principal question before the ,house or the committee at once4 ,in this country1 when a member reports a bill from his committee he moves that the previous question be put at the end of one hour2 debate is therefore limited to one hour4 ,in ,england1 a member1 calling up a bill for its second reading1 moves the previous question1 and votes against his motion4 ,if the previous question should be ordered1 he would feel grievously disgusted--so would the ,american ,congressman1 if the previous question should not be ordered4 ,,constitution ,,of ,,the ,,united ,,states4 ,,preamble4 ,we1 the ,people of the ,united ,states1 in order to form a more perfect union1 establish justice1 insure domestic tranquillity1 provide for the common defence1 promote the general welfare1 and secure the blessings of liberty to ourselves and our posterity1 do ordain and establish this ,constitution for the ,united ,states of ,america4 ,,article ,i4 ,,the ,,legislative ,,department4 ,section ,i4--,all legislative powers herein granted shall be vested in a ,congress of the ,united ,states1 which shall consist of a ,senate and ,house of ,representatives4 ,section ,,ii4--#a4 ,the ,house of ,representatives shall be composed of members chosen every second year by the people of the several ,states2 and the electors in each ,state shall have the qualifications requisite for electors of the most numerous branch of the ,state legislature4 #b4 ,no person shall be a representative who shall not have attained to the age of twenty-five years1 and been seven years a citizen of the ,united ,states1 and who shall not1 when elected1 be an inhabitant of that ,state in which he shall be chosen4 #c4 ,representatives and direct taxes shall be apportioned among the several ,states which may be included within this ,union1 according to their respective numbers1 which shall be determined by adding to the whole number of free persons1 including those bound to service for a term of years1 and excluding ,indians not taxed1 three fifths of all other persons4 ,the actual enumeration shall be made within three years after the first meeting of the ,congress of the ,united ,states1 and within every subsequent term of ten years1 in such manner as they shall by law direct4 ,the number of representatives shall not exceed one for every thirty thousand1 but each ,state shall have at least one representative2 and until such enumeration shall be made1 the ,state of ,new ,hampshire shall be entitled to choose three2 ,massachusetts1 eight2 ,rhode ,island and ,providence ,plantations1 one2 ,connecticut1 five2 ,new ,york1 six2 ,new ,jersey1 four2 ,pennsylvania1 eight2 ,delaware1 one2 ,maryland1 six2 ,virginia1 ten2 ,north ,carolina1 five2 ,south ,carolina1 five2 and ,georgia1 three4 #d4 ,when vacancies happen in the representation from any ,state1 the executive authority thereof shall issue writs of election to fill such vacancies4 #e4 ,the ,house of ,representatives shall choose their ,speaker and other officers1 and shall have the sole power of impeachment4 ,section ,,iii4--#a4 ,the ,senate of the ,united ,states shall be composed of two ,senators from each ,state1 chosen by the legislature thereof for six years2 and each ,senator shall have one vote4 #b4 ,immediately after they shall be assembled in consequence of the first election1 they shall be divided as equally as may be into three classes4 ,the seats of the ,senators of the first class shall be vacated at the expiration of the second year1 of the second class at the expiration of the fourth year1 and of the third class at the expiration of the sixth year1 so that one third may be chosen every second year2 and if vacancies happen1 by resignation or otherwise1 during the recess of the legislature of any ,state1 the executive thereof may make temporary appointments until the next meeting of the legislature1 which shall then fill such vacancies4 #c4 ,no person shall be a ,senator who shall not have attained to the age of thirty years1 and been nine years a citizen of the ,united ,states1 and who shall not1 when elected1 be an inhabitant of that ,state for which he shall be chosen4 #d4 ,the ,vice-,president of the ,united ,states shall be ,president of the ,senate1 but shall have no vote unless they be equally divided4 #e4 ,the ,senate shall choose their other officers1 and also a ,president pro tempore in the absence of the ,vice ,president1 or when he shall exercise the office of ,president of the ,united ,states4 #f4 ,the ,senate shall have the sole power to try all impeachments4 ,when sitting for that purpose1 they shall be on oath or affirmation4 ,when the ,president of the ,united ,states is tried1 the ,chief ,justice shall preside3 and no person shall be convicted without the concurrence of two thirds of the members present4 #g4 ,judgment in cases of impeachment shall not extend further than to removal from office1 and disqualification to hold and enjoy any office of honor1 trust1 or profit under the ,united ,states2 but the party convicted shall nevertheless be liable and subject to indictment1 trial1 judgment1 and punishment1 according to law4 ,section ,,iv4--#a4 ,the times1 places1 and manner of holding elections for ,senators and ,representatives shall be prescribed in each ,state by the legislature thereof2 but the ,congress may at any time1 by law1 make or alter such regulations1 except as to the places of choosing ,senators4 #b4 ,the ,congress shall assemble at least once in every year2 and such meeting shall be on the first ,monday in ,december1 unless they shall by law appoint a different day4 ,section ,v4--#a4 ,each house shall be the judge of the elections1 returns1 and qualifications of its own members1 and a majority of each shall constitute a quorum to do business2 but a smaller number may adjourn from day to day1 and may be authorized to compel the attendance of absent members1 in such manner and under such penalties as each house may provide4 #b4 ,each house may determine the rules of its proceedings1 punish its members for disorderly behavior1 and with the concurrence of two thirds1 expel a member4 #c4 ,each house shall keep a journal of its proceedings1 and from time to time publish the same1 excepting such parts as may in their judgment require secrecy2 and the yeas and nays of the members of either house on any question shall1 at the desire of one fifth of those present1 be entered on the journal4 #d4 ,neither house1 during the session of ,congress1 shall1 without the consent of the other1 adjourn for more than three days1 nor to any other place than that in which the two houses shall be sitting4 ,section ,,vi4--#a4 ,the ,senators and ,representatives shall receive a compensation for their services1 to be ascertained by law1 and paid out of the treasury of the ,united ,states4 ,they shall1 in all cases1 except treason1 felony1 and breach of the peace1 be privileged from arrest during their attendance at the session of their respective houses1 and in going to and returning from the same2 and for any speech or debate in either house they shall not be questioned in any other place4 #b4 ,no ,senator or ,representative shall1 during the time for which he was elected1 be appointed to any civil office under the authority of the ,united ,states1 which shall have been created1 or the emoluments whereof shall have been increased1 during such time2 and no person holding any office under the ,united ,states shall be a member of either house during his continuance in office4 ,section ,,vii4--#a4 ,all bills for raising revenue shall originate in the ,house of ,representatives2 but the ,senate may propose or concur with amendments1 as on other bills4 #b4 ,every bill which shall have passed the ,house of ,representatives and the ,senate1 shall1 before it become a law1 be presented to the ,president of the ,united ,states2 if he approve1 he shall sign it2 but if not1 he shall return it1 with his objections1 to that house in which it shall have originated2 who shall enter the objections at large on their journal1 and proceed to reconsider it4 ,if after such reconsideration1 two thirds of that house shall agree to pass the bill1 it shall be sent1 together with the objections1 to the other house1 by which it shall likewise be reconsidered2 and if approved by two thirds of that house1 it shall become a law4 ,but in all such cases the votes of both houses shall be determined by yeas and nays1 and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively4 ,if any bill shall not be returned by the ,president within ten days 7,sundays excepted7 after it shall have been presented to him1 the same shall be a law in like manner as if he had signed it1 unless the ,congress by their adjournment prevent its return1 in which case it shall not be a law4 #c4 ,every order1 resolution1 or vote1 to which the concurrence of the ,senate and ,house of ,representatives may be necessary 7except on a question of adjournment71 shall be presented to the ,president of the ,united ,states2 and before the same shall take effect1 shall be approved by him2 or being disapproved by him1 shall be re-passed by two thirds of the ,senate and ,house of ,representatives1 according to the rules and limitations prescribed in the case of a bill4 ,section ,,viii4--,the ,congress shall have power-- #a4 ,to lay and collect taxes1 duties1 imposts1 and excises2 to pay the debts1 and provide for the common defence and general welfare of the ,united ,states2 but all duties1 imposts1 and excises shall be uniform throughout the ,united ,states3 #b4 ,to borrow money on the credit of the ,united ,states3 #c4 ,to regulate commerce with foreign nations1 and among the several ,states1 and with the ,indian tribes3 #d4 ,to establish a uniform rule of naturalization1 and uniform laws on the subject of bankruptcies throughout the ,united ,states3 #e4 ,to coin money1 regulate the value thereof and of foreign coin1 and to fix the standard of weights and measures3 #f4 ,to provide for the punishment of counterfeiting the securities and current coin of the ,united ,states3 #g4 ,to establish post-offices and post-roads3 #h4 ,to promote the progress of science and useful arts1 by securing for limited times1 to authors and inventors1 the exclusive right to their respective writings and discoveries3 #i4 ,to constitute tribunals inferior to the ,supreme ,court3 #aj4 ,to define and punish piracies and felonies committed on the high seas1 and offences against the law of nations3 #aa4 ,to declare war1 grant letters of marque and reprisal1 and make rules concerning captures on land and water3 #ab4 ,to raise and support armies2 but no appropriation of money to that use shall be for a longer term than two years3 #ac4 ,to provide and maintain a navy3 #ad4 ,to make rules for the government and regulation of the land and naval forces3 #ae4 ,to provide for calling forth the militia to execute the laws of the ,union1 suppress insurrections1 and repel invasions3 #af4 ,to provide for organizing1 arming1 and disciplining the militia1 and for governing such parts of them as may be employed in the service of the ,united ,states2 reserving to the ,states respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by ,congress3 #ag4 ,to exercise exclusive legislation in all cases whatsoever1 over such district 7not exceeding ten miles square7 as may1 by cession of particular ,states1 and the acceptance of ,congress1 become the seat of government of the ,united ,states2 and to exercise like authority over all places purchased by the consent of the legislature of the ,state in which the same shall be1 for the erection of forts1 magazines1 arsenals1 dockyards1 and other needful buildings3--and #ah4 ,to make all laws which shall be necessary and proper for carrying into execution the foregoing powers1 and all other powers vested by this ,constitution in the government of the ,united ,states1 or in any department or officer thereof4 ,section ,,ix4--#a4 ,the immigration or importation of such persons as any of the ,states now existing shall think proper to admit1 shall not be prohibited by the ,congress prior to the year one thousand eight hundred and eight2 but a tax or duty may be imposed on such importation not exceeding ten dollars for each person4 #b4 ,the privilege of the writ of habeas corpus shall not be suspended1 unless when1 in cases of rebellion or invasion1 the public safety may require it4 #c4 ,no bill of attainder or ex post facto law shall be passed4 #d4 ,no capitation or other direct tax shall be laid1 unless in proportion to the census or enumeration hereinbefore directed to be taken4 #e4 ,no tax or duty shall be laid on articles exported from any ,state4 ,no preference shall be given by any regulation of commerce or revenue to the ports of one ,state over those of another3 nor shall vessels bound to or from one ,state be obliged to enter1 clear1 or pay duties in another4 #f4 ,no money shall be drawn from the treasury1 but in consequence of appropriations made by law2 and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time4 #g4 ,no title of nobility shall be granted by the ,united ,states3 and no person holding any office of profit or trust under them1 shall1 without the consent of ,congress1 accept of any present1 emolument1 office1 or title1 of any kind whatever1 from any king1 prince1 or foreign state4 ,section ,x4--#a4 ,no ,state shall enter into any treaty1 alliance1 or confederation2 grant letters of marque and reprisal2 coin money2 emit bills of credit2 make any thing but gold and silver coin a tender in payment of debts2 pass any bill of attainder1 ex post facto law1 or law impairing the obligation of contracts2 or grant any title of nobility4 #b4 ,no ,state shall1 without the consent of ,congress1 lay any imposts or duties on imports or exports1 except what may be absolutely necessary for executing its inspection laws3 and the net produce of all duties and imposts laid by any ,state on imports or exports1 shall be for the use of the treasury of the ,united ,states1 and all such laws shall be subject to the revision and control of ,congress4 #c4 ,no ,state shall1 without the consent of ,congress1 lay any duty on tonnage1 keep troops or ships of war in time of peace1 enter into any agreement or compact with another ,state1 or with a foreign power1 or engage in war1 unless actually invaded1 or in such imminent danger as will not admit of delay4 ,,article ,,ii4 ,,the ,,executive ,,department4 ,section ,i4--#a4 ,the executive power shall be vested in a ,president of the ,united ,states of ,america4 ,he shall hold his office during the term of four years2 and1 together with the ,vice-,president1 chosen for the same term1 be elected as follows3 #b4 ,each ,state shall appoint1 in such manner as the legislature thereof may direct1 a number of electors equal to the whole number of ,senators and ,representatives to which the ,state may be entitled in ,congress3 but no ,senator or ,representative1 or person holding an office of trust or profit under the ,united ,states1 shall be appointed an elector4 #c4 ,the electors shall meet in their respective ,states1 and vote by ballot for two persons1 of whom one at least shall not be an inhabitant of the same ,state with themselves4 ,and they shall make a list of all the persons voted for1 and of the number of votes for each2 which list they shall sign and certify1 and transmit sealed to the seat of the government of the ,united ,states1 directed to the ,president of the ,senate4 ,the ,president of the ,senate shall1 in the presence of the ,senate and ,house of ,representatives1 open all the certificates1 and the votes shall then be counted4 ,the person having the greatest number of votes shall be ,president1 if such number be a majority of the whole number of electors appointed2 and if there be more than one who have such a majority1 and have an equal number of votes1 then the ,house of ,representatives shall immediately choose1 by ballot1 one of them for ,president2 and if no person have a majority1 then1 from the five highest on the list1 the said ,house shall1 in like manner1 choose a ,president4 ,but in choosing the ,president1 the votes shall be taken by ,states1 the representation from each ,state having one vote3 a quorum for this purpose shall consist of a member or members from two thirds of the ,states1 and a majority of all the ,states shall be necessary to a choice4 ,in every case after the choice of the ,president1 the person having the greatest number of votes of the electors shall be ,vice-,president4 ,but if there should remain two or more who have equal votes1 the ,senate shall choose from them1 by ballot the ,vice-,president4 #d4 ,the ,congress may determine the time of choosing the electors1 and the day on which they shall give their votes1 which day shall be the same throughout the ,united ,states4 #e4 ,no person except a natural born citizen1 or a citizen of the ,united ,states at the time of the adoption of this ,constitution1 shall be eligible to the office of ,president3 neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years1 and been fourteen years a resident within the ,united ,states4 #f4 ,in case of the removal of the ,president from office1 or of his death1 resignation1 or inability to discharge the powers and duties of the said office1 the same shall devolve on the ,vice-,president2 and the ,congress may1 by law1 provide for the case of removal1 death1 resignation1 or inability1 both of the ,president and ,vice-,president1 declaring what officer shall then act as ,president2 and such officer shall act accordingly1 until the disability be removed1 or a ,president shall be elected4 #g4 ,the ,president shall1 at stated times1 receive for his services a compensation1 which shall neither be increased nor diminished during the period for which he shall have been elected2 and he shall not receive within that period any other emolument from the ,united ,states1 or any of them4 #h4 ,before he enters on the execution of his office1 he shall take the following oath or affirmation3 8,i do solemnly swear 7or affirm7 that ,i will faithfully execute the office of ,president of the ,united ,states3 and will1 to the best of my ability1 preserve1 protect1 and defend the ,constitution of the ,united ,states40 ,section ,,ii4--#a4 ,the ,president shall be ,commander-in-chief of the army and navy of the ,united ,states1 and of the militia of the several ,states1 when called into the actual service of the ,united ,states4 ,he may require the opinion1 in writing1 of the principal officer in each of the executive departments1 upon any subject relating to the duties of their respective offices2 and he shall have power to grant reprieves and pardons for offences against the ,united ,states1 except in cases of impeachment4 #b4 ,he shall have power1 by and with the advice and consent of the ,senate1 to make treaties1 provided two thirds of the ,senators present concur2 and he shall nominate1 and1 by and with the advice and consent of the ,senate1 shall appoint ambassadors and other public ministers and consuls1 judges of the ,supreme ,court1 and all other officers of the ,united ,states whose appointments are not herein otherwise provided for1 and which shall be established by law4 ,but the ,congress may1 by law1 vest the appointment of such inferior officers as they think proper1 in the ,president alone1 in the courts of law1 or in the heads of departments4 #c4 ,the ,president shall have power to fill up all vacancies that may happen during the recess of the ,senate1 by granting commissions1 which shall expire at the end of their next session4 ,section ,,iii4--#a4 ,he shall1 from time to time1 give to ,congress information of the state of the ,union1 and recommend to their consideration such measures as he shall judge necessary and expedient4 ,he may1 on extraordinary occasions1 convene both houses1 or either of them2 and in case of disagreement between them1 with respect to the time of adjournment1 he may adjourn them to such time as he shall think proper4 ,he shall receive ambassadors and other public ministers4 ,he shall take care that the laws be faithfully executed2 and shall commission all officers of the ,united ,slates4 ,section ,,iv4--,the ,president1 ,vice-,president1 and all civil officers of the ,united ,states1 shall be removed from office on impeachment for1 and conviction of1 treason1 bribery1 or other high crimes and misdemeanors4 ,,article ,,iii4 ,,the ,,judicial ,,department4 ,section ,i4--,the judicial power of the ,united ,states shall be vested in one ,supreme ,court1 and in such inferior courts as ,congress may1 from time to time1 ordain and establish4 ,the judges1 both of the supreme and inferior courts1 shall hold their offices during good behavior2 and shall1 at stated times1 receive for their services a compensation1 which shall not be diminished during their continuance in office4 ,section ,,ii4--#a4 ,the judicial power shall extend to all cases in law and equity arising under this ,constitution1 the laws of the ,united ,states1 and treaties made1 or which shall be made1 under their authority2 to all cases affecting ambassadors1 other public ministers1 and consuls2 to all cases of admiralty and maritime jurisdiction2 to controversies to which the ,united ,states shall be a party2 to controversies between two or more ,states2 between a ,state and citizens of another ,state2 between citizens of different ,states2 between citizens of the same ,state claiming lands under grants of different ,states2 and between a ,state1 or the citizens thereof1 and foreign states1 citizens1 or subjects4 #b4 ,in all cases affecting ambassadors1 other public ministers1 and consuls1 and those in which a ,state shall be a party1 the ,supreme ,court shall have original jurisdiction4 ,in all the other cases before mentioned1 the ,supreme ,court shall have appellate jurisdiction1 both as to law and fact1 with such exceptions and under such regulations as ,congress shall make4 #c4 ,the trial of all crimes1 except in cases of impeachment1 shall be by jury1 and such trial shall be held in the ,state where the said crimes shall have been committed2 but when not committed within any ,state1 the trial shall be at such place or places as ,congress may by law have directed4 ,section ,,iii4--#a4 ,treason against the ,united ,states shall consist only in levying war against them1 or in adhering to their enemies1 giving them aid and comfort4 ,no person shall be convicted of treason1 unless on the testimony of two witnesses to the same overt act1 or on confession in open court4 #b4 ,congress shall have power to declare the punishment of treason2 but no attainder of treason shall work corruption of blood1 or forfeiture1 except during the life of the person attainted4 ,,article ,,iv4 ,,miscellaneous ,,provisions4 ,section ,i4--,full faith and credit shall be given in each ,state to the public acts1 records1 and judicial proceedings of every other ,state2 and ,congress may1 by general laws1 prescribe the manner in which such acts1 records1 and proceedings shall be proved1 and the effect thereof4 ,section ,,ii4--#a4 ,the citizens of each ,state shall be entitled to all the privileges and immunities of citizens in the several ,states4 #b4 ,a person charged in any ,state with treason1 felony1 or other crime1 who shall flee from justice1 and be found in another ,state1 shall1 on demand of the executive authority of the ,state from which he fled1 be delivered up1 to be removed to the ,state having jurisdiction of the crime4 #c4 ,no person held to service or labor in one ,state1 under the laws thereof1 escaping into another1 shall1 in consequence of any law or regulation therein1 be discharged from such service or labor2 but shall be delivered up on claim of the party to whom such service or labor may be due4 ,section ,,iii4--#a4 ,new ,states may be admitted by ,congress into this ,union2 but no new ,state shall be formed or erected within the jurisdiction of any other ,state1 nor any ,state be formed by the junction of two or more ,states1 or parts of ,states1 without the consent of the legislatures of the ,states concerned1 as well as of ,congress4 #b4 ,congress shall have power to dispose of1 and make all needful rules and regulations respecting the territory or other property belonging to the ,united ,states2 and nothing in this ,constitution shall be so construed as to prejudice any claims of the ,united ,states1 or of any particular ,state4 ,section ,,iv4--,the ,united ,states shall guarantee to every ,state in this ,union a republican form of government1 and shall protect each of them against invasion3 and1 on application of the legislature1 or of the executive 7when the legislature cannot be convened71 against domestic violence4 ,,article ,v4 ,the ,congress1 whenever two thirds of both houses shall deem it necessary1 shall propose amendments to this ,constitution2 or1 on the application of the legislatures of two thirds of the several ,states1 shall call a convention for proposing amendments1 which1 in either case1 shall be valid1 to all intents and purposes1 as parts of this ,constitution1 when ratified by the legislatures of three fourths of the several ,states1 or by conventions in three fourths thereof1 as the one or the other mode of ratification may be proposed by ,congress2 provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article2 and that no ,state1 without its consent1 shall be deprived of its equal suffrage in the ,senate4 ,,article ,,vi4 #a4 ,all debts contracted1 and engagements entered into1 before the adoption of this ,constitution1 shall be as valid against the ,united ,states under this ,constitution as under the ,confederation4 #b4 ,this ,constitution1 and the laws of the ,united ,states which shall be made in pursuance thereof1 and all treaties made1 or which shall be made1 under the authority of the ,united ,states1 shall be the supreme law of the land2 and the judges in every ,state shall be bound thereby1 anything in the constitution or laws of any ,state to the contrary notwithstanding4 #c4 ,the ,senators and ,representatives before mentioned1 and the members of the several ,state legislatures1 and all executive and judicial officers1 both of the ,united ,states and of the several ,states1 shall be bound by oath or affirmation to support this ,constitution2 but no religious test shall ever be required as a qualification to any office or public trust under the ,united ,states4 ,,article ,,vii4 ,the ratification of the conventions of nine ,states shall be sufficient for the establishment of this ,constitution between the ,states so ratifying the same4 ,done in convention by the unanimous consent of the ,states present1 the seventeenth day of ,september1 in the year of our ,lord one thousand seven hundred and eighty-seven1 and of the ,independence of the ,united ,states of ,america the twelfth4 ,in witness whereof we have hereunto subscribed our names4 ,george ,washington1 ,president1 and ,deputy from ,virginia4 ,,amendments ,,to ,,the ,,constitution ,,of ,,the ,,united ,,states4 ,article ,i4--,congress shall make no law respecting an establishment of religion1 or prohibiting the free exercise thereof2 or abridging the freedom of speech or of the press2 or the right of the people peaceably to assemble1 and to petition the government for a redress of grievances4 ,article ,,ii4--,a well-regulated militia being necessary to the security of a free ,state1 the right of the people to keep and bear arms shall not be infringed4 ,article ,,iii4--,no soldier shall1 in time of peace1 be quartered in any house without the consent of the owner2 nor in time of war1 but in a manner to be prescribed by law4 ,article ,,iv4--,the right of the people to be secure in their persons1 houses1 papers1 and effects1 against unreasonable searches and seizures1 shall not be violated2 and no warrants shall issue but upon probable cause1 supported by oath or affirmation1 and particularly describing the place to be searched1 and the persons or things to be seized4 ,article ,v4--,no person shall be held to answer for a capital or otherwise infamous crime1 unless on a presentment or indictment of a grand jury1 except in cases arising in the land or naval forces1 or in the militia1 when in actual service in time of war or public danger2 nor shall any person be subject for the same offence to be put twice in jeopardy of life or limb2 nor shall be compelled in any criminal case to be witness against himself2 nor be deprived of life1 liberty1 or property1 without due process of law2 nor shall private property be taken for public use without just compensation4 ,article ,,vi4--,in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial1 by an impartial jury of the ,state and district wherein the crime shall have been committed1 which district shall have been previously ascertained by law2 and to be informed of the nature and cause of the accusation2 to be confronted with the witnesses against him2 to have compulsory process for obtaining witnesses in his favor2 and to have the assistance of counsel for his defence4 ,article ,,vii4--,in suits at common law1 where the value in controversy shall exceed twenty dollars1 the right of trial by jury shall be preserved2 and no fact tried by a jury shall be otherwise re-examined in any court of the ,united ,states1 than according to the rules of the common law4 ,article ,,viii4--,excessive bail shall not be required1 nor excessive fines imposed1 nor cruel and unusual punishments inflicted4 ,article ,,ix4--,the enumeration in the ,constitution of certain rights shall not be construed to deny or disparage others retained by the people4 ,article ,x4--,the powers not delegated to the ,united ,states by the ,constitution1 nor prohibited by it to the ,states1 are reserved to the ,states respectively1 or to the people4 ,article ,,xi4--,the judicial power of the ,united ,states shall not be construed to extend to any suit in law or equity1 commenced or prosecuted against one of the ,united ,states by citizens of another ,state1 or by citizens or subjects of any foreign state4 ,article ,,xii4--#a4 ,the electors shall meet in their respective ,states1 and vote by ballot for ,president and ,vice-,president1 one of whom1 at least1 shall not be an inhabitant of the same ,state with themselves4 ,they shall name in their ballots the person voted for as ,president1 and in distinct ballots the person voted for as ,vice-,president2 and they shall make distinct lists of all persons voted for as ,president1 and of all persons voted for as ,vice-,president1 and of the number of votes for each2 which lists they shall sign and certify1 and transmit sealed to the seat of the government of the ,united ,states1 directed to the ,president of the ,senate4 ,the ,president of the ,senate shall1 in the presence of the ,senate and ,house of ,representatives1 open all the certificates1 and the votes shall then be counted4 ,the person having the greatest number of votes for ,president shall be the ,president1 if such number be a majority of the whole number of electors appointed3 and if no person have such majority1 then from the persons having the highest numbers1 not exceeding three1 on the list of those voted for as ,president1 the ,house of ,representatives shall choose immediately1 by ballot1 the ,president4 ,but1 in choosing the ,president1 the votes shall be taken by ,states1 the representation from each ,state having one vote3 a quorum for this purpose shall consist of a member or members from two thirds of the ,states1 and a majority of all the ,states shall be necessary to a choice4 ,and if the ,house of ,representatives shall not choose a ,president1 whenever the right of choice shall devolve upon them1 before the fourth day of ,march next following1 then the ,vice-,president shall act as ,president1 as in the case of the death or other constitutional disability of the ,president4 #b4 ,the person having the greatest number of votes as ,vice-,president shall be the ,vice-,president1 if such number be a majority of the whole number of electors appointed2 and if no person have a majority1 then from the two highest numbers on the list the ,senate shall choose the ,vice-,president4 ,a quorum for the purpose shall consist of two thirds of the whole number of ,senators1 and a majority of the whole number shall be necessary to a choice4 #c4 ,but no person constitutionally ineligible to the office of ,president shall be eligible to that of ,vice-,president of the ,united ,states4 ,article ,,xiii4--,section ,i4--,neither slavery nor involuntary servitude1 except as a punishment for crime1 whereof the party shall have been duly convicted1 shall exist within the ,united ,states1 or any place subject to their jurisdiction4 ,section ,,ii4--,congress shall have power to enforce this ,article by appropriate legislation4 ,article ,,xiv4--,section ,i4--,all persons born or naturalized in the ,united ,states1 and subject to the jurisdiction thereof1 are citizens of the ,united ,states1 and of the ,state wherein they reside4 ,no ,state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the ,united ,states2 nor shall any ,state deprive any person of life1 liberty1 or property1 without due process of law2 nor deny to any person within its jurisdiction the equal protection of the laws4 ,section ,,ii4--,representatives shall be apportioned among the several ,states according to their respective numbers1 counting the whole number of persons in each ,state1 excluding ,indians not taxed4 ,but when the right to vote at any election for the choice of electors for ,president or ,vice-,president of the ,united ,states1 ,representatives in ,congress1 the executive and judicial officers of a ,state1 or the members of the legislature thereof1 is denied to any of the male inhabitants of such ,state1 being twenty-one years of age1 and citizens of the ,united ,states1 or in any way abridged1 except for participation in rebellion or other crime1 the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such ,state4 ,section ,,iii4--,no person shall be a ,senator or ,representative in ,congress1 or elector of ,president and ,vice-,president1 or hold any office1 civil or military1 under the ,united ,states1 or under any ,state1 who1 having previously taken an oath as a member of ,congress1 or as an officer of the ,united ,states1 or as a member of any ,state legislature1 or as an executive or judicial officer of any ,state1 to support the ,constitution of the ,united ,states1 shall have engaged in insurrection or rebellion against the same1 or given aid or comfort to the enemies thereof4 ,but ,congress may1 by a vote of two thirds of each house1 remove such disability4 ,section ,,iv4--,the validity of the public debt of the ,united ,states1 authorized by law1 including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion1 shall not be questioned4 ,but neither the ,united ,states nor any ,state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the ,united ,states1 or any claim for the loss or emancipation of any slave2 but all such debts1 obligations1 and claims shall be held illegal and void4 ,section ,v4--,the ,congress shall have power to enforce1 by appropriate legislation1 the provisions of this ,article4 ,article ,,xv4--,section ,i4--,the right of citizens of the ,united ,states to vote shall not be denied or abridged by the ,united ,states or by any ,state on account of race1 color1 or previous condition of servitude4 ,section ,,ii4--,the ,congress shall have power to enforce this ,article by appropriate legislation4 ,,declaration ,,of ,,independence4 ,when1 in the course of human events1 it becomes necessary for one people to dissolve the political bands which have connected them with another1 and to assume1 among the powers of the earth1 the separate and equal station to which the laws of ,nature and ,nature's ,god entitle them1 a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation4 ,we hold these truths to be self-evident2 that all men are created equal2 that they are endowed by their ,creator with certain inalienable rights2 that among these are life1 liberty1 and the pursuit of happiness4 ,that to secure these rights1 governments are instituted among men1 deriving their just powers from the consent of the governed2 that whenever any form of government becomes destructive of these ends1 it is the right of the people to alter or to abolish it1 and to institute a new government1 laying its foundation on such principles1 and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness4 ,prudence1 indeed1 will dictate that governments long established should not be changed for light and transient causes2 and accordingly all experience hath shown that mankind are more disposed to suffer1 while evils are sufferable1 than to right themselves1 by abolishing the forms to which they are accustomed4 ,but when a long train of abuses and usurpations1 pursuing invariably the same object1 evinces a design to reduce them under absolute despotism1 it is their right1 it is their duty1 to throw off such government1 and to provide new guards for their future security4 ,such has been the patient sufferance of these colonies1 and such is now the necessity which constrains them to alter their former systems of government4 ,the history of the present king of ,great ,britain is a history of repeated injuries and usurpations1 all having in direct object the establishment of an absolute tyranny over these ,states4 ,to prove this1 let facts be submitted to a candid world3 ,he has refused his assent to laws the most wholesome and necessary for the public good4 ,he has forbidden his governors to pass laws of immediate and pressing importance1 unless suspended in their operation till his assent should be obtained2 and when so suspended he has utterly neglected to attend to them4 ,he has refused to pass other laws for the accommodation of large districts of people1 unless those people would relinquish the right of representation in the legislature--a right inestimable to them1 and formidable to tyrants only4 ,he has called together legislative bodies at places unusual1 uncomfortable1 and distant from the repository of the public records1 for the sole purpose of fatiguing them into compliance with his measures4 ,he has dissolved representative houses repeatedly for opposing1 with manly firmness1 his invasions on the rights of the people4 ,he has refused for a long time after such dissolution to cause others to be elected2 whereby the legislative powers1 incapable of annihilation1 have returned to the people at large for their exercise1 the ,state remaining1 in the mean time1 exposed to all the dangers of invasion from without and convulsions within4 ,he has endeavored to prevent the population of these ,states2 for that purpose obstructing the laws of naturalization of foreigners2 refusing to pass others to encourage their migration hither1 and raising the conditions of new appropriations of lands4 ,he has obstructed the administration of justice by refusing his assent to laws for establishing judiciary powers4 ,he has made judges dependent on his will alone for the tenure of their offices and the amount of payment of their salaries4 ,he has erected a multitude of new offices1 and sent hither swarms of officers to harass our people1 and eat out their substance4 ,he has kept among us1 in times of peace1 standing armies1 without the consent of our legislatures4 ,he has affected to render the military independent of and superior to the civil power4 ,he has combined with others to subject us to a jurisdiction foreign to our ,constitution1 and unacknowledged by our laws2 giving his assent to their acts of pretended legislation3 ,for quartering large bodies of armed troops among us3 ,for protecting them by a mock trial from punishment for any murders which they should commit on the inhabitants of these ,states3 ,for cutting off our trade with all parts of the world3 ,for imposing taxes on us without our consent3 ,for depriving us1 in many cases1 of the benefits of trial by jury3 ,for transporting us beyond seas to be tried for pretended offences3 ,for abolishing the free system of ,english laws in a neighboring province1 establishing therein an arbitrary government1 and enlarging its boundaries1 so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies3 ,for taking away1 our charters1 abolishing our most valuable laws1 and altering1 fundamentally1 the forms of our government3 ,for suspending our own legislatures1 and declaring themselves invested with power to legislate for us in all cases whatsoever4 ,he has abdicated government here by declaring us out of his protection1 and waging war against us4 ,he has plundered our seas1 ravaged our coasts1 burnt our towns1 and destroyed the lives of our people4 ,he is at this time transporting large armies of foreign mercenaries to complete the works of death1 desolation1 and tyranny already begun1 with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages1 and totally unworthy the head of a civilized nation4 ,he has constrained our fellow-citizens1 taken captive on the high seas1 to bear arms against their country1 to become the executioners of their friends and brethren1 or to fall themselves by their hands4 ,he has excited domestic insurrections among us1 and has endeavored to bring on the inhabitants of our frontiers the merciless ,indian savages1 whose known rule of warfare is an undistinguished destruction of all ages1 sexes1 and conditions4 ,in every stage of these oppressions we have petitioned for redress in the most humble terms2 our repeated petitions have been answered only by repeated injury4 ,a prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of a free people4 ,nor have we been wanting in attentions to our ,british brethren4 ,we have warned them1 from time to time1 of attempts by their legislature to extend an unwarrantable jurisdiction over us4 ,we have reminded them of the circumstances of our emigration and settlement here4 ,we have appealed to their native justice and magnanimity1 and we have conjured them by the ties of our common kindred to disavow these usurpations1 which would inevitably interrupt our connections and correspondence4 ,they1 too1 have been deaf to the voice of justice and consanguinity4 ,we must1 therefore1 acquiesce in the necessity which denounces our separation1 and hold them1 as we hold the rest of mankind1 enemies in war1 in peace friends4 ,we1 therefore1 the representatives of the ,united ,states of ,america1 in ,general ,congress assembled1 appealing to the ,supreme ,judge of the world for the rectitude of our intentions1 do1 in the name and by the authority of the good people of these colonies1 solemnly publish and declare that these ,united ,colonies are1 and of right ought to be1 free and independent ,states2 that they are absolved from all allegiance to the ,british crown1 and that all political connection between them and the ,state of ,great ,britain is1 and ought to be1 totally dissolved2 and that1 as free and independent ,states1 they have full power to levy war1 conclude peace1 contract alliances1 establish commerce1 and to do all other acts and things which independent ,states may of right do4 ,and for the support of this declaration1 with a firm reliance on the protection of ,divine ,providence1 we mutually pledge to each other our lives1 our fortunes1 and our sacred honor4 ,,index4 ,the figures refer to the numbers of the paragraphs4 ,acceptance by the maker of a motion1 of an amendment1 #ib1 #ic4 ,addition of propositions1 how effected1 #hh4 ,adjournment1 without day1 equivalent to a dissolution1 #aci4 effect of1 on business under consideration1 #adj4 motion for1 takes precedence of all other motions1 #acg4 when it may be amended1 #acg4 form of1 #ach1 #bjj4 ,amendment1 purposes of motions for1 #fj1 #gh4 order of proceeding in1 #ie1 #aia4 acceptance of by mover of proposition1 #ib1 #ic4 of amendments by striking out and inserting1 #ajg1 #ajh4 of amendment1 to be put before the original amendment1 #aaj4 of an amendment to an amendment1 not allowed1 #if4 object of such motion1 how attained1 #if1 #ig4 cannot be made to what has been agreed to on a question1 #ih1 #ii1 #ajj1 #aja4 inconsistency of1 with one already adopted1 #ajb4 may show the absurdity of the original object of the proposition1 #acb4 may change the object1 #abh1 #abi1 #acc4 or may defeat the object1 #acj1 #aca4 by addition1 #hh4 by separation1 #hi4 by transposition1 #ij4 by striking out1 #id1 #ajc to #aab4 by inserting or adding1 #id1 #aac to #aba4 by striking out and inserting1 #id1 #abb to #abg4 motion for1 by striking out and inserting1 #ajc1 #ajd1 #aaa1 #abb4 may be divided1 #abb4 may be amended1 #abf4 manner of stating question on1 #aab1 #aba1 #abg4 precedence of question on1 #abc4 to strike out1 decided in the negative1 equivalent to the affirmative of agreeing1 #ih1 #ajj1 #beb4 if passed may not be renewed1 #ajc to #ajf1 #aac to #aaf1 #aai1 #abd1 #abe4 stands in the same degree with the previous question1 and indefinite postponement1 #ahd4 superseded by a motion to postpone to a day or to commit1 #ahe4 may be amended1 #if1 #ajg1 #aag1 #abf1 #ahd4 effect of vote on1 #id to #abg1 #ahg4 to be put before the original motion1 #aaj1 #abj4 ,apology1 #db4 ,assembly1 ,deliberative1 purposes of1 how effected1 #a4 how organized1 #b1 #c4 judgment of1 how expressed1 #ac4 ,assembling1 time of1 to be fixed beforehand1 #bc4 place of1 in possession of assembly1 #i4 ,authentication of acts1 etc41 of a deliberative assembly1 #bg1 #cb4 ,blanks1 filling of1 #hd4 with times or numbers1 rule for1 #he1 #hf1 #hg4 ,see ,precedence4 ,chairman1 preliminary election of1 #c4 ,see ,presiding ,officer4 ,clerk1 #e4 ,see ,recording ,officer4 ,committees1 objects and advantages of1 #beh1 #bfj1 #bfa4 who to compose1 #beh1 #bgj4 usually those favorable to the proposed measure1 #bga4 mode of appointment of1 #bfc1 #bfg1 #bfh1 #bfi4 when by the presiding officer1 under a standing rule1 #bff4 how notified of their appointment1 #cb1 #bgb4 when and where to sit1 #bgd1 #bge1 #bgg4 select1 #bei4 how appointed1 #bfd to #bfi4 standing1 #bei4 what to be referred to1 #gd4 instructions to1 #fe1 #gf1 #gg1 #bfb4 list of1 etc41 given by the clerk to the member first appointed1 #bgb4 person first appointed on1 acts as chairman by courtesy1 #bgc4 proceed like other assemblies1 #bgf1 #bgi4 may proceed by sub-committees1 #cjf4 mode of proceeding on a paper which has been referred to them1 #bgi1 #bha1 #bhc4 mode of proceeding on a paper originating in the committee1 #bgi1 #bhj1 #bhb4 manner of closing session of1 #bhe4 report of1 how made1 #bhb1 #bhc1 #bhd1 #bhf1 #bhg1 #bib4 form of report of1 #bhf1 #bib4 mode of proceeding on report of1 #bib1 #bic1 #bid1 #bie1 #bif4 acceptance of report of1 #bie4 form of stating questions on report of1 #bie1 #bif4 ,see ,report4 ,committee of the ,whole1 of whom composed1 #bei4 how constituted1 #big4 what a quorum of1 #bii4 who presides over1 #big1 #bih4 who is clerk of1 #cja4 proceeding of1 similar to those of the assembly itself1 #cjb1 #cji4 mode of proceeding if one session does not complete the business1 #cjd4 who may speak in1 and how often1 #cje4 cannot refer any matter to another committee1 #cjf4 cannot punish for breaches of order1 #cjh4 disorderly words in1 how noticed1 #cjh4 differences between and other committees1 #cjb to #cjh4 presiding officer of assembly to remain in the room1 during the session of1 #cjj4 ,see ,reports1 ,disorderly ,words4 ,commitment1 definition and purposes of1 #gc4 when a proper course1 #fj4 what may be committed1 #ge1 #gf1 #gg4 effect of a vote on a motion for1 #ahc4 motion for1 may be amended1 #aha4 supersedes a motion to amend1 #ahe4 is of the same degree with motions for the previous question and postponement1 #ahb4 ,see ,committees4 ,communications to the assembly1 how made1 #dd1 #df1 #dh1 #di4 ,consent of the assembly1 in what cases1 and how far1 to be presumed by the presiding officer1 #ce1 #bcg1 #bic4 ,contested ,elections1 #g4 ,see ,returns4 ,credentials of members1 #g4 ,debate1 proper character of1 #bja4 should be confined to the question1 #bji4 usual mode of putting an end to1 #bbj1 #bba4 of shortening1 #bbb4 ,see ,speaking4 ,decorum1 ,breaches of1 #cg1 #ch1 #ci1 #dj1 #da1 #bbc1 #bbd4 how to be noticed1 #dj4 remedy for1 #bbd1 #bbe1 #bbf4 how a member is to proceed to exculpate himself from a charge of1 #dj4 ,see ,disorderly ,words1 ,order4 ,disorderly ,words1 cause of proceedings1 when spoken1 #bbg to #bca4 to be written down by the clerk1 as spoken1 #bbh1 #bbi4 members not to be censured for1 unless complained of at the time1 #bcb4 spoken in a committee during its session1 #bgh4 in committee of the whole to be written down1 and reported to the assembly1 #cjh4 ,disorderly ,conduct1 #i1 #cg to #dj1 #cac4 ,division of a question1 #gi to #hc1 #abb1 #abc4 effect of1 #hj4 motion for1 how made1 #hj4 right to demand1 #ha1 #hb4 when it may take place1 #hc4 ,see ,question4 ,elections and ,returns1 #f1 #g1 #h4 ,expulsion1 #db4 ,floor1 how to obtain1 #df4 who has a right to1 #dg1 #bjc1 #bjd1 #bje4 member in possession of1 to be interrupted only by a call to order1 #bjj4 when usually allowed to the mover of a motion1 #bjd4 when one relinquishes1 for one purpose1 he does so for all purposes1 #bje1 #bai4 ,forms of proceeding1 #aj1 #ei1 #cae4 ,see ,order1 ,rules4 ,incidental ,questions1 #aej to #afe4 questions of order1 #aea to #aed4 reading papers1 #aee to #afj4 withdrawal of a motion1 #afa1 #afb4 suspension of a rule1 #afc1 #afd4 amendment of amendments1 #afe4 ,see ,question4 ,introduction of business1 how accomplished1 #dc4 ,see ,rules4 ,journal of a deliberate assembly1 what and how kept1 #cb1 #cc4 ,judgment of an aggregate body1 how evidenced1 #ad4 ,lie on the ,table1 purpose of motion for1 #fj1 #ga1 #gb4 ,motion for1 cannot be amended1 #agj4 when to be resorted to1 #aga4 effect of vote on1 #ga1 #gb1 #agb1 #agc4 takes precedence of all other subsidiary motions1 #aga4 ,list of members1 #f4 ,main ,question1 #fc1 #fd1 #ace1 #bac4 ,majority1 decision by1 on questions and elections1 #bd4 ,members1 rights and duties of1 #cf4 punishments of1 #db4 not to be present at debates on matters concerning themselves1 #da1 #bbe1 #bcj4 proceedings on quarrels between1 caution relating to1 #cad4 ,membership1 rights of1 how decided1 #h4 ,modification of a motion by the mover1 #ib4 ,motion1 definition of1 #de1 #ei1 #bcc4 to be in writing1 #ed4 to be seconded1 #ec to #ee4 how seconded1 #ee4 when in order1 #bdg4 subsidiary1 need not be in writing1 #ed4 but must be seconded1 #ee4 to suppress a proposition1 #fb4 to be stated or read for the information of any member1 #eg4 can be withdrawn only by leave1 #ef1 #ib4 when before the assembly1 none other can be received1 except privileged motions1 #eh4 is not before the assembly1 until stated by its presiding officer1 #aih4 not in order unless the maker be called to by the presiding officer1 #bjj4 by one seated1 or not addressing the chair1 not to be received1 #bjj4 principal and subsidiary1 cannot be made together1 #aii4 ,naming a member1 what1 #dj1 #bbe4 ,numbers prefixed to paragraphs of a proposition1 not a part of it1 #ia4 ,officers of an assembly1 titles of1 #e4 who are1 usually1 #bf4 how appointed1 and removable1 #bf4 a majority1 necessary to elect1 #bf4 when not members of the assembly1 #e4 pro tempore1 when to be chosen1 #bi4 ,see ,presiding ,officer1 ,recording ,officer4 ,order of a deliberative assembly1 what1 #ac4 of business1 #ahh to #bjj4 how established1 #aij4 questions of1 what1 #aeb4 how decided1 #aed1 #bdh4 form of1 on appeal1 #aed4 no debate upon1 allowed during divisions1 #bdh4 rules of1 to be enforced without delay1 #aea4 call to1 effect of1 #bad4 who may make1 #aea4 interrupts the business under consideration1 #aec4 ,see ,disorderly ,conduct1 ,disorderly ,words4 ,orders of the ,day1 definition of1 #adb4 motion for1 a privileged question for the day1 #adc1 #add1 #ade1 #adf4 motion for1 generally supersedes other propositions1 #adc1 #add4 being taken up1 the business interrupted thereby is suspended1 #adg4 fall1 if not taken up on the day fixed1 #adi4 unless by special rule1 #adi4 ,organization1 necessity for1 #a4 usual mode of1 #c4 on report of a committee1 #d4 ,papers and ,documents1 in whose custody1 #cc4 ,parliamentary ,law1 common1 what1 #f1 #aj4 ,see ,rules4 ,parliamentary ,rules1 whence derived1 #aa4 in each ,state1 how formed1 #aa4 ,see ,rules4 ,petitions1 requisites to1 #di4 to be offered by members1 #di1 #ej4 mode of offering1 #ea4 to be read by the clerk1 if received1 #eb4 regular and usual action on presenting1 #ea1 #eb4 contents of1 to be known by member presenting1 #ej4 to be in respectful language1 #ej4 ,postponement1 effect of vote on motion for1 #ahj4 motion for1 may be amended1 #agf4 how amended1 #agg1 #agh4 supersedes a motion to amend1 #ahe4 is not superseded by a motion to commit or to amend1 #agi4 is of the same degree with a motion for the previous question1 #agi4 indefinite1 purpose of motion for1 #fj1 #fg4 effect of vote on motion for1 #fg4 to a day certain1 purpose of motion for1 #fh1 #fi4 an improper use of1 #gj4 ,power of assembly to eject strangers1 #i4 ,preamble1 or title1 usually considered after the paper is gone through with1 #aib4 ,precedence of motions1 #aga1 #agd1 #agi1 #ahb1 #ahf1 #aig1 #bbj4 of questions1 #abc1 #acd1 #ace1 #aec4 as to reference to a committee1 #gd4 on motions to fill blanks1 #he1 #hf1 #hg4 questions of privilege take precedence of all motions but for adjournment1 #ada4 ,president1 #e4 ,see ,presiding ,officer4 ,presiding ,officer1 duties of1 #bg1 #cj1 #dj1 #bbe1 #cac1 #cad4 to be first heard on questions of order1 #bjg4 how far member of an assembly1 #e4 not usually to take part in debate1 #e1 #bjb4 but in committees of the whole1 #cjg4 or on point of order1 #aed4 to give a casting vote1 #e1 #bdc4 effect of not giving casting vote1 #bdc4 may not interrupt one speaking1 but to call to order1 #bjg4 may not decide upon inconsistency of a proposed amendment with one already adopted1 #ajb4 ,previous ,question1 motion for1 purpose of1 #fj4 form of1 #fd1 #agj4 original use of1 #fc1 #fd1 #fe4 present use of1 #fe1 #ff1 #bbj4 use of in ,england1 #ff4 cannot be amended1 #agj4 effect of vote on1 #fd1 #ff1 #age4 effect of negative decision of1 #fe4 cannot be made in committee of the whole1 #cjc4 stands in same degree with other subsidiary motions1 except to lie on the table1 #agd4 ,privileged ,questions1 #acf to #adi4 adjournment1 #acg to #adj4 questions of privilege1 #ada4 orders of the day1 #adb to #adi4 take precedence of all motions but for adjournments1 #ada4 when settled1 business thereby interrupted to be resumed1 #ada4 ,proceedings1 how set in motion1 #dc4 ,punishment of members1 #da1 #db4 a question of1 pending1 the member to withdraw1 #bcj4 ,quarrel between members1 #ch1 #cad4 ,see ,disorderly ,words4 ,question1 definition of1 #bcc4 forms of1 in use1 #ae1 #fj1 #fa4 when to be put1 #bce4 mode of putting1 #bcf4 on a series of propositions1 #aic4 on amendments reported by a committee1 #aid4 mode of taking1 #bch1 #bdj1 #bda1 #bdb1 #bde4 when and how decision of may be questioned1 #bch1 #bci4 all the members in the room when a question is put are bound to vote upon it1 #bdd4 members not in the room1 cannot vote on1 #bdd4 when taken by yeas and nays1 #bde4 mode of taking1 in ,massachusetts1 #bdf4 when and how to be divided1 #gi4 how taken when divided1 #hj4 motion to divide1 may be amended1 #hj4 what may be divided1 #hc4 who may divide1 #ha1 #abb4 usually regulated by rule1 #hb4 incidental1 defined and enumerated1 #aej to #afe4 subsidiary1 or secondary1 defined and enumerated1 #aff to #agj4 privileged1 defined and enumerated1 #acf4 ,see ,incidental ,questions1 ,privileged ,questions1 ,subsidiary ,questions4 ,quorum1 necessity for1 #ag1 #ai4 what constitutes1 #af4 effect of want of1 on pending question1 #bdi4 necessary on a division of the assembly1 #bdi4 want of1 how ascertained1 #ai4 consequences of want of1 #ai1 #bdi4 ,reading of ,papers by the clerk1 #aee4 by members not allowed1 without leave obtained by motion and vote1 #aeg1 #aeh4 when to be omitted1 #aei4 when necessary1 if called for1 #aee4 question on1 to be first decided1 #afj4 ,reception1 question of1 on petition1 #ea4 on report1 #bhf1 #bic4 ,recommitment1 what1 #gc1 #bij1 #bia4 ,reconsideration1 general principle relating to1 #bej to #bec4 motion for1 allowed in this country1 #bed1 #bee4 effect of1 #bef4 usually regulated by rule1 #beg4 ,recording ,officer1 duties of1 #ca1 #cb1 #cc1 #ce4 how his absence is to be supplied1 #cd4 how elected1 #c1 #d4 precedence of1 if more than one1 #e4 papers and documents to be in his charge1 #cc4 ,recurrence of ,business1 when interrupted by want of quorum1 #bdi4 by motion for the previous question1 #ff4 for indefinite postponement1 #fg4 to lie on the table1 #ga1 #gb4 for adjournment1 #adj4 for the orders of the day1 #adg1 #adh4 by a question of privilege1 #ada4 by a question of order1 #aec1 #bcj4 by a call of a member to order1 #bjj1 #bad4 ,reports of ,committees1 how made and received1 #bhf to #bhi4 how treated and disposed of1 #bib to #bif4 of a paper with amendments1 #bhh4 action upon1 #aid1 #aie1 #bib to #bif4 when a new draft of a paper1 #aif4 acceptance of1 #bie1 #bif4 of committees of the whole1 #caj4 when to be received1 #caa4 ,reprimand1 #db4 ,see ,punishment4 ,resolution1 what1 #ac1 #bcc4 ,returns1 #f4 time for investigating1 #g4 mode of investigating1 #g4 who to be on the investigating committee1 #h4 who to be heard on a question on1 #h4 ,roll1 calling of1 #cb1 #ce1 #bde4 ,rules of debate and proceeding1 subject of1 #ad1 #ae4 general purpose of1 #cae4 what are necessarily adopted by assembly1 #aj1 #bj4 the same in this country and in ,england1 #aa4 usage does not give them the character of general laws1 #ab4 to be enforced without delay or debate1 #bb1 #aea1 #aeb4 who may notice an infringement of1 #bb4 special1 each assembly may adopt1 #aj1 #bj4 supersede ordinary parliamentary rules1 #aj4 usually provide for their own amendment1 #ba4 may be suspended on motion1 #ba1 #afc1 #afd4 motion to suspend1 supersedes the original question1 #afc4 suspended only by general consent1 #ba1 #afd4 usually provide for their own suspension1 #afd4 may determine the number necessary to express the will of the assembly1 #be4 ,see ,reading of ,papers1 ,speaking4 ,secondary ,questions1 #aff4 ,see ,subsidiary ,questions4 ,seconding of motions1 #ee1 #cji4 ,secretary1 #e4 ,see ,recording ,officer4 ,separation of propositions1 how effected1 #hi4 ,speaking1 rules as to manner of1 #bjc to #bjh4 as to matter in1 #bji to #bad4 as to times of1 #bae to #bai4 member1 to stand uncovered1 #bjc1 #bjh4 not to make personal remarks1 #baa4 not to mention names of members1 #bjf4 not to reflect on the assembly1 or on its prior determinations1 #baj4 confined to the subject1 #bji1 #bac4 not to be interrupted1 #bai4 to speak but once on the same question1 #bae1 #baf1 except by leave1 #bag4 or to explain himself in matter of fact1 #bah4 ,see ,debate1 ,presiding ,officer4 ,speech1 reading of1 by member1 #aeg4 ,subsidiary ,questions1 #aff to #ahg4 nature and effect of1 #aff4 enumeration of1 #afg4 cannot be applied to one another1 #afh4 exceptions to this rule1 #afi4 lie on the table1 #aga1 #agb1 #agc4 amendment1 #ahd to #ahg4 previous question1 #agd1 #age4 postponement1 #agf to #ahj4 commitment1 #aha1 #ahb1 #ahc4 ,suspension of a rule1 #ba1 #afc1 #afd4 ,see ,rules4 ,transposition of proposition1 how effected1 #ij4 ,vice-,president1 duties of1 #e1 #bh4 ,see ,officers4 ,vote1 what1 #ac1 #bcc4 ,voting1 right and duty of1 #da1 #bdd4 prohibition from1 #db4 ,see ,members4 ,will of assembly1 majority necessary to express1 #bd4 special rule may determine what proportion may express1 #be4 ,withdrawal of motion can be only by leave1 #afa4 effect of vote upon motion for leave for1 #afb4 ,yeas and ,nays1 how taken1 #cb1 #bde4 in ,massachusetts1 #bdf4 what number of members may require1 #be4 form of putting question1 #bde4 ,,washington',s ,,farewell ,,address4 ,friends and ,fellow-,citizens3 ,the period for a new election of a citizen to administer the executive government of the ,united ,states1 being not far distant1 and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust1 it appears to me proper1 especially as it may conduce to a more distinct expression of the public voice1 that ,i should now apprise you of the resolution ,i have formed1 to decline being considered among the number of those out of whom the choice is to be made4 ,i beg you at the same time to do me the justice to be assured1 that this resolution has not been taken1 without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country2 and that in withdrawing the tender of service1 which silence in my situation might imply1 ,i am influenced by no diminution of zeal for your future interest2 no deficiency of grateful respect for your past kindness2 but am supported by a full conviction1 that the step is compatible with both4 ,the acceptance of1 and continuance hitherto in1 the office to which your suffrages have twice called me1 have been a uniform sacrifice of inclination to the opinion of duty1 and to a deference for what appeared to be your desire4 ,i constantly hoped that it would have been much earlier in my power1 consistently with motives which ,i was not at liberty to disregard1 to return to that retirement from which ,i had been reluctantly drawn4 ,the strength of my inclination to do this1 previous to the last election1 had even led to the preparation of an address to declare it to you2 but mature reflection on the then perplexed and critical posture of our affairs with foreign nations1 and the unanimous advice of persons entitled to my confidence1 impelled me to abandon the idea4 ,i rejoice that the state of your concerns1 external as well as internal1 no longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety2 and am persuaded1 whatever partiality may be retained for my services1 that in the present circumstances of our country1 you will not disapprove of my determination to retire4 ,the impressions with which ,i first undertook the arduous trust were explained on the proper occasion4 ,in the discharge of this trust ,i will only say that ,i have1 with good intentions1 contributed toward the organization and administration of the government the best exertions of which a very fallible judgment was capable4 ,not unconscious1 in the outset1 of the inferiority of my qualifications1 experience in my own eyes1 perhaps still more in the eyes of others1 has strengthened the motives to diffidence of myself2 and every day the increasing weight of years admonishes me more and more1 that the shade of retirement is as necessary to me as it will be welcome4 ,satisfied that if any circumstances have given peculiar value to my services1 they were temporary1 ,i have the consolation to believe1 that while choice and prudence invite me to quit the political scene1 patriotism does not forbid it4 ,in looking forward to the moment which is to terminate the career of my political life1 my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which ,i owe to my beloved country1 for the many honors it has conferred upon me2 still more for the steadfast confidence with which it has supported me2 and for the opportunities ,i have thence enjoyed of manifesting my inviolable attachment1 by services faithful and persevering1 though in usefulness unequal to my zeal4 ,if benefits have resulted to our country from these services1 let it always be remembered to your praise1 and as an instructive example in our annals1 that under circumstances in which the passions agitated in every direction1 were liable to mislead--amidst appearances sometimes dubious--vicissitudes of fortune often discouraging--in situations in which not unfrequently want of success has countenanced the spirit of criticism--the constancy of your support was the essential prop of the efforts and a guarantee of the plans by which they were effected4 ,profoundly penetrated with this idea1 ,i shall carry it with me to my grave1 as a strong incitement to unceasing wishes1 that ,heaven may continue to you the choicest tokens of its beneficence--that your union and brotherly affection may be perpetual--that the free constitution which is the work of your hands1 may be sacredly maintained--that its administration in every department may be stamped with wisdom and virtue--that1 in fine1 the happiness of the people of these ,states1 under the auspices of liberty1 may be made complete1 by so careful a preservation and so prudent a use of this blessing1 as will acquire to them the glory of recommending it to the applause1 the affection1 and the adoption of every nation which is yet a stranger to it4 ,here1 perhaps1 ,i ought to stop4 ,but a solicitude for your welfare1 which can not end but with my life1 and the apprehension of danger natural to that solicitude1 urge me1 on an occasion like the present1 to offer to your solemn contemplation1 and to recommend to your frequent view1 some sentiments1 which are the result of much reflection1 of no inconsiderable observation1 and which appear to me all-important to the permanency of your felicity as a people4 ,these will be offered to you with the more freedom1 as you can only see in them the disinterested warning of a parting friend1 who can possibly have no personal motive to bias his counsel4 ,nor can ,i forget as an encouragement to it your indulgent reception of my sentiments on a former and not dissimilar occasion4 ,interwoven as is the love of liberty with every ligament of your hearts1 no recommendation of mine is necessary to fortify or confirm the attachment4 ,the unity of government1 which constitutes you one people1 is also now dear to you4 ,it is justly so2 for it is a main pillar in the edifice of your real independence2 the support of your tranquillity at home2 your peace abroad2 of your safety1 of your prosperity2 of that very liberty which you so highly prize4 ,but as it is easy to foresee1 that from different causes and from different quarters1 much pains will be taken1 many artifices employed to weaken in your minds the conviction of this truth2 as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively 7though often covertly and insidiously7 directed1 it is of infinite moment that you should properly estimate the immense value of your national union1 to your collective and individual happiness2 that you should cherish a cordial1 habitual1 and immovable attachment to it2 accustom yourself to think and speak of it as of the palladium of your political safety and prosperity2 watching for its preservation with jealous anxiety2 discountenancing whatever may suggest even a suspicion that it can in any event be abandoned2 and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest1 or to enfeeble the sacred ties which now link together the various parts4 ,for this you have every inducement of sympathy and interest4 ,citizens by birth or choice of a common country1 that country has a right to concentrate your affections4 ,the name of ,,american1 which belongs to you in your national capacity1 must always exalt the just pride of patriotism1 more than any appellation derived from local discriminations4 ,with slight shades of difference1 you have the same religion1 manners1 habits1 and political principles4 ,you have in a common cause fought and triumphed together2 the independence and liberty you possess are the work of joint councils and joint efforts--of common dangers1 sufferings1 and successes4 ,but these considerations1 however powerfully they address themselves to your sensibility1 are greatly outweighed by those which apply more immediately to your interest4 ,here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole4 ,the north1 in an unrestrained intercourse with the south1 protected by the equal laws of a common government1 finds in the productions of the latter1 great additional resources of maritime and commercial enterprise1 and precious materials of manufacturing industry4 ,the south1 in the same intercourse1 benefiting by the agency of the north1 sees its agriculture grow and its commerce expand4 ,turning partly into its own channels the seamen of the north1 it finds its particular navigation invigorated--and while it contributes1 in different ways1 to nourish and increase the general mass of the national navigation1 it looks forward to the protection of a maritime strength1 to which itself is equally adapted4 ,the east1 in like intercourse with the west1 already finds1 and in the progressive improvement of interior communications1 by land and water1 will more and more find a valuable vent for the commodities which it brings from abroad1 or manufactures at home4 ,the west derives from the east supplies requisite to its growth and comfort--and1 what is of perhaps still greater consequence1 it must of necessity owe the secure enjoyment of indispensable outlets for its own productions1 to the weight1 influence1 and the future maritime strength of the ,atlantic side of the union1 directed by an indissoluble community of interest as one nation4 ,any other tenure by which the west can hold this essential advantage1 whether derived from its own separate strength1 or from an apostate and unnatural connection with any foreign power1 must be intrinsically precarious4 ,while then every part of our country thus feels an immediate and particular interest in union1 all the parts combined can not fail to find in the united mass of means and efforts1 greater strength1 greater resources1 proportionately greater security from external danger1 a less frequent interruption of their peace by foreign nations2 and1 what is of inestimable value1 they must derive from union an exemption from those broils and wars between themselves1 which so frequently afflict neighboring countries not tied together by the same government which their own rivalships alone would be sufficient to produce2 but which opposite foreign alliances1 attachments1 and intrigues would stimulate and imbitter4 ,hence1 likewise1 they will avoid the necessity of those over-grown military establishments1 which1 under any form of government1 are inauspicious to liberty1 and which are to be regarded as particularly hostile to republican liberty4 ,in this sense it is that your union ought to be considered as a main prop of your liberty1 and that the love of the one ought to endear to you the preservation of the other4 ,these considerations speak a persuasive language to every reflecting and virtuous mind1 and exhibit the continuance of the union as a primary object of patriotic desire4 ,is there a doubt whether a common government can embrace so large a sphere8 ,let experience solve it4 ,to listen to mere speculation in such a case were criminal4 ,we are authorized to hope that a proper organization of the whole1 with the auxiliary agency of governments for the respective subdivisions1 will afford a happy issue to the experiment4 ,it is well worth a fair and full experiment4 ,with such powerful and obvious motives to union affecting all parts of our country1 while experience shall not have demonstrated its impracticability1 there will always be reason to distrust the patriotism of those who1 in any quarter1 may endeavor to weaken its bands4 ,in contemplating the causes which may disturb our union1 it occurs as matter of serious concern1 that any ground should have been furnished for characterizing parties by geographical discriminations--,northern and ,southern--,atlantic and ,western2 whence designing men may endeavor to excite a belief that there is real difference of local interests and views4 ,one of the expedients of party to acquire influence1 within particular districts1 is to misrepresent the opinions and aims of other districts4 ,you can not shield yourselves too much against the jealousies and heart-burnings which spring from these misrepresentations2 they tend to render alien to each other those who ought to be bound together by fraternal affection4 ,the inhabitants of our western country have lately had a useful lesson on this head4 ,they have seen1 in the negotiation by the executive1 and in the unanimous ratification by the senate1 of the treaty with ,spain1 and in the universal satisfaction at that event throughout the ,united ,states1 a decisive proof how unfounded were the suspicion propagated among them of a policy in the general government1 and in the ,atlantic ,states unfriendly to their interests in regard to the ,mississippi4 ,they have been witnesses to the formation of two treaties--that with ,great ,britain and that with ,spain--which secure to them everything they could desire in respect to our foreign relations toward confirming their prosperity4 ,will it not be their wisdom to rely for the preservation of these advantages on the union by which they were procured8 ,will they not henceforth be deaf to those advisers1 if such there are1 who would sever them from their brethren and connect them with aliens8 ,to the efficacy and permanency of your union1 a government for the whole is indispensable4 ,no alliances1 however strict1 between the parts can be an adequate substitute2 they must inevitably experience the infractions and interruptions which all alliances in all times have experienced4 ,sensible of this momentous truth1 you have improved upon your first essay1 by the adoption of a constitution of government better calculated than your former1 for an intimate union1 and for the efficacious management of your common concerns4 ,this government--the offspring of your own choice1 uninfluenced and unawed1 adopted upon full investigation and mature deliberation1 completely free in its principles1 in the distribution of its powers uniting security with energy1 and containing within itself a provision for its own amendments--has a just claim to your confidence and your support4 ,respect for its authority1 compliance with its laws1 acquiescence in its measures1 are duties enjoined by the fundamental maxims of true liberty4 ,the basis of our political systems is the right of the people to make and to alter their constitutions of government4 ,but the constitution which at any time exists1 until changed by an explicit and authentic act of the whole people1 is sacredly obligatory upon all4 ,the very idea of the power and the right of the people to establish a government1 presupposes the duty of every individual to obey the established government4 ,all obstructions to the execution of the laws1 all combinations and associations1 under whatever plausible character1 with the real design to direct1 control1 counteract1 or awe the regular deliberations and actions of the constituted authorities1 are destructive of this fundamental principle1 and of fatal tendency4 ,they serve to organize faction1 to give it an artificial and extraordinary force1 to put in the place of the delegated will of the nation the will of a party1 often a small but artful and enterprising minority of the community2 and1 according to the alternate triumphs of different parties1 to make the public administration the mirror of the ill-concerted and incongruous projects of faction1 rather than the organ of consistent and wholesome plans1 digested by common councils1 and modified by mutual interests4 ,however combinations or associations of the above description may now and then answer popular ends1 they are likely1 in the course of time and things1 to become potent engines1 by which cunning1 ambitious1 and unprincipled men1 will be enabled to subvert the power of the people1 and to usurp for themselves the reins of government1 destroying afterward the very engines which have lifted them to unjust dominion4 ,towards the preservation of your government1 and the permanency of your present happy state1 it is requisite not only that you steadily discountenance irregular oppositions to its acknowledged authority1 but also that you resist with care the spirit of innovation upon its principles1 however specious the pretexts4 ,one method of assault may be to effect in the forms of the constitution alterations which will impair the energy of the system1 and thus to undermine what can not be directly overthrown4 ,in all the changes to which you may be invited1 remember that time and habit are at least as necessary to fix the true character of governments as of other human institutions--that experience is the surest standard by which to test the real tendency of the existing constitution of a country--that facility in changes upon the credit of a mere hypothesis and opinion1 exposes to perpetual change from the endless variety of hypothesis and opinion2 and remember especially that for the efficient management of your common interests1 in a country so extensive as ours1 a government of as much vigor as is consistent with the perfect security of liberty1 is indispensable4 ,liberty itself will find in such a government1 with powers properly distributed and adjusted1 its surest guardian4 ,it is1 indeed1 little else than a name1 where the government is too feeble to withstand the enterprises of faction1 to confine each member of the society within the limits prescribed by the laws1 and to maintain all in the secure and tranquil enjoyment of the rights of person and property4 ,i have already intimated to you the danger of parties in the state1 with particular references to the founding of them on geographical discriminations4 ,let me now take a more comprehensive view1 and warn you in the most solemn manner against the baneful effects of the spirit of party1 generally4 ,this spirit1 unfortunately1 is inseparable from our nature1 having its root in the strongest passions of the human mind4 ,it exists under different shapes in all governments1 more or less stifled or controlled or repressed2 but in those of the popular form1 it is seen in its greatest rankness1 and is truly their worst enemy4 ,the alternate domination of one faction over another1 sharpened by the spirit of revenge1 natural to party dissension1 which in different ages and countries has perpetrated the most horrid enormities1 is itself a frightful despotism4 ,but this leads at length to a more formal and permanent despotism4 ,the disorders and miseries which result1 gradually incline the minds of men to seek security and repose in the absolute power of an individual3 and sooner or later the chief of some prevailing faction1 more able or more fortunate than his competitors1 turns this disposition to the purposes of his own elevation1 on the ruins of public liberty4 ,without looking forward to an extremity of this kind 7which nevertheless ought not to be entirely out of sight71 the common and continual mischiefs of the spirit of party1 are sufficient to make it the interest and duty of a wise people to discourage and restrain it4 ,it serves always to distract the public councils1 and enfeeble the public administration4 ,it agitates the community with ill-founded jealousies and false alarms2 kindles the animosity of one part against another2 foments occasional riot and insurrection4 ,it opens the door to foreign influence and corruption1 which find a facilitated access to the government itself through the channels of party passions4 ,thus the policy and the will of one country are subjected to the policy and will of another4 ,there is an opinion that parties in free countries are useful checks upon the administration of the government1 and serve to keep alive the spirit of liberty4 ,this1 within certain limits1 is probably true2 and in governments of a monarchical cast1 patriotism may look with indulgence1 if not with favor1 upon the spirit of party4 ,but in those of the popular character1 in governments purely elective1 it is a spirit not to be encouraged4 ,from their natural tendency it is certain there will always be enough of that spirit for every salutary purpose4 ,and there being constant danger of excess1 the effort ought to be1 by force of public opinion1 to mitigate and assuage it4 ,a fire not to be quenched1 it demands a uniform vigilance to prevent its bursting into a flame1 lest1 instead of warming1 it should consume4 ,it is important1 likewise1 that the habits of thinking in a free country should inspire caution in those intrusted with its administration1 to confine themselves within their respective constitutional spheres1 avoiding in the exercise of the powers of one department to encroach upon another4 ,the spirit of the encroachment tends to consolidate the powers of all the departments in one1 and thus to create1 whatever the form of government1 a real despotism4 ,a just estimate of that love of power1 and proneness to abuse it1 which predominate in the human heart1 is sufficient to satisfy us of the truth of this position4 ,the necessity of reciprocal checks in the exercise of the political power1 by dividing and distributing it into different depositaries1 and constituting each the guardian of the public weal against invasions by the others1 has been evinced by experiments ancient and modern2 some of them in our country1 and under our own eyes4 ,to preserve them must be as necessary as to institute them4 ,if1 in the opinion of the people1 the distribution or modification of the constitutional powers be1 in any particular1 wrong1 let it be corrected by an amendment in the way which the constitution designates2 but let there be no change by usurpation2 for though this1 in one instance1 may be the instrument of good1 it is the customary weapon by which free governments are destroyed4 ,the precedent must always greatly overbalance1 in permanent evil1 any partial or transient benefit which the use can at any time yield4 ,of all the dispositions and habits which lead to political prosperity1 religion and morality are indispensable supports4 ,in vain would that man claim the tribute of patriotism1 who would labor to subvert these great pillars of human happiness1 these firmest props of the duties of men and citizens4 ,the mere politician1 equally with the pious man1 ought to respect and to cherish them4 ,a volume could not trace all their connections with private and public felicity4 ,let it simply be asked where is the security for property1 for reputation1 for life1 if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice8 ,and let us with caution indulge the supposition that morality can be maintained without religion4 ,whatever may be conceded of the influence of refined education on minds of peculiar structure1 reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle4 ,it is substantially true that virtue or morality is a necessary spring of popular government4 ,the rule indeed extends with more or less force to every species of free government4 ,who that is a sincere friend to it can look with indifference upon attempts to shake the foundation of the fabric8 ,promote1 then1 as an object of primary importance1 institutions for the general diffusion of knowledge4 ,in proportion as the structure of a government gives force to public opinion1 it is essential that public opinion should be enlightened4 ,as a very important source of strength and security1 cherish public credit4 ,one method of preserving it is to use it as sparingly as possible1 avoiding occasions of expense1 by cultivating peace1 but remembering also that timely disbursements1 to prepare for dangers1 frequently prevent much greater disbursements1 to repel it2 avoiding likewise the accumulation of debt1 not only by shunning occasions of expense1 but by vigorous exertions in time of peace to discharge the debts which unavoidable wars may have occasioned1 not ungenerously throwing upon posterity the burden which we ourselves ought to bear4 ,the execution of these maxims belongs to your representatives1 but it is necessary that public opinion should co-operate4 ,to facilitate to them the performance of their duty1 it is essential that you should practically bear in mind that toward the payment of debts there must be revenue2 that to have revenue there must be taxes2 and no taxes can be devised which are not more or less inconvenient and unpleasant2 that the intrinsic embarrassment inseparable from the selection of the proper objects 7which is always a choice of difficulties7 ought to be a decisive motive for a candid construction of the conduct of the government in making it1 and for a spirit of acquiescence in the measures for obtaining revenue which the public exigencies may at any time dictate4 ,observe good faith and justice toward all nations2 cultivate peace and harmony with all4 ,religion and morality enjoin this conduct2 and can it be that good policy does not equally enjoin it8 ,it will be worthy of a free1 enlightened1 and 7at no distant period7 a great nation1 to give to mankind the magnanimous and novel example of a people always guided by an exalted justice and benevolence4 ,who can doubt that1 in the course of time and things1 the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it8 ,can it be that ,providence has not connected the permanent felicity of a nation with virtue8 ,the experiment1 at least1 is recommended by every sentiment which ennobles human nature4 ,alas6 is it rendered impossible by its vices8 ,in the execution of such a plan1 nothing is more essential than that permanent1 inveterate antipathies against particular nations1 and passionate attachments for others1 should be excluded2 and that1 in the place of them1 just and amicable feelings towards all should be cultivated4 ,the nation which indulges towards another an habitual hatred1 or an habitual fondness1 is in some degree a slave4 ,it is a slave to its animosity or to its affection1 either of which is sufficient to lead it astray from its duty and its interest4 ,antipathy in one nation against another disposes each more readily to offer insult and injury1 to lay hold of slight causes of umbrage1 and to be haughty and intractable when accidental or trifling occasions of dispute occur4 ,hence1 frequent collisions1 obstinate1 envenomed and bloody contests4 ,the nation1 prompted by ill-will and resentment1 sometimes impels to war the government1 contrary to the best calculations of policy4 ,the government sometimes participates in the national propensity1 and adopts1 through passion1 what reason would reject2 at other times it makes the animosity of the nation subservient to projects of hostility1 instigated by pride1 ambition1 and other sinister and pernicious motives4 ,the peace often1 sometimes perhaps the liberty of nations1 has been the victim4 ,so1 likewise1 a passionate attachment of one nation for another produces a variety of evils4 ,sympathy for the favorite nation1 facilitating the illusion of an imaginary common interest1 in cases where no real common interest exists1 and infusing into one the enmities of the other1 betrays the former into a participation in the quarrels and wars of the latter without adequate inducement or justification4 ,it leads also to concessions to the favorite nation1 of privileges denied to others1 which is apt doubly to injure the nation making the concessions by unnecessarily parting with what ought to have been retained1 and by exciting jealousy1 ill-will1 and a disposition to retaliate in the parties from whom equal privileges are withheld2 and it gives to ambitious1 corrupted or deluded citizens 7who devote themselves to the favorite nation7 facility to betray1 or sacrifice the interests of their own country1 without odium1 sometimes even with popularity1 gilding with the appearances of a virtuous sense of obligation a commendable deference for public opinion1 or a laudable zeal for public good1 the base or foolish compliances of ambition1 corruption1 or infatuation4 ,as avenues to foreign influence in innumerable ways1 such attachments are particularly alarming to the truly enlightened and independent patriot4 ,how many opportunities do they afford to tamper with domestic factions1 to practice the arts of seduction1 to mislead public opinion1 to influence or awe the public councils2 such an attachment of a small or weak1 toward a great and powerful nation1 dooms the former to be the satellite of the latter4 ,against the insidious wiles of foreign influence 7,i conjure you to believe me1 fellow-citizens71 the jealousy of a free people ought to be constantly awake2 since history and experience prove that foreign influence is one of the most baneful foes of republican government4 ,but that jealousy1 to be useful1 must be impartial1 else it becomes the instrument of the very influence to be avoided1 instead of a defense against it4 ,excessive partiality for one foreign nation and excessive dislike of another1 cause those whom they actuate to see danger only on one side1 and serve to veil and even second the arts of influence on the other4 ,real patriots1 who may resist the intrigues of the favorite1 are liable to become suspected and odious1 while its tools and dupes usurp the applause and confidence of the people to surrender their interests4 ,the great rule of conduct for us in regard to foreign nations is1 in extending our commercial relations1 to have with them as little political connection as possible4 ,so far as we have already formed engagements1 let them be fulfilled with perfect good faith4 ,here let us stop4 ,europe has a set of primary interests which to us have none1 or a very remote relation4 ,hence1 she must be engaged in frequent controversies1 the causes of which are essentially foreign to our concerns4 ,hence1 therefore1 it must be unwise in us to implicate ourselves1 by artificial ties1 in the ordinary vicissitudes of her politics1 or the ordinary combinations and collisions of her friendships or her enmities4 ,our detached and distant situation invites and enables us to pursue a different course4 ,if we remain one people1 under an efficient government1 the period is not far off when we may defy material injury from external annoyance2 when we may take such an attitude as will cause the neutrality1 we may at any time resolve upon1 to be scrupulously respected2 when belligerent nations1 under the impossibility of making acquisitions upon us1 will not lightly hazard the giving us provocation2 when we may choose peace or war1 as our interest1 guided by justice1 shall counsel4 ,why forego the advantages of so peculiar a situation8 ,why quit our own to stand upon foreign ground8 ,why1 by interweaving our destiny with that of any part of ,europe1 entangle our peace and prosperity in the toils of ,european ambition1 rivalship1 interest1 humor1 or caprice8 ,it is our true policy to steer clear of permanent alliances with any portion of the foreign world1 so far1 ,i mean1 as we are now at liberty to do it2 for let me not be understood as capable of patronizing infidelity to existing engagements4 ,i hold the maxim no less applicable to public than to private affairs1 that honesty is always the best policy4 ,i repeat it1 therefore1 let those engagements be observed in their genuine sense3 but1 in my opinion1 it is unnecessary1 and would be unwise to extend them4 ,taking care always to keep ourselves1 by suitable establishments1 on a respectable defensive posture1 we may safely trust to temporary alliances for extraordinary emergencies4 ,harmony and a liberal intercourse with all nations are recommended by policy1 humanity1 and interest4 ,but even our commercial policy should hold an equal and impartial hand1 neither seeking nor granting exclusive favors or preferences1 consulting the natural course of things1 diffusing and diversifying1 by gentle means1 the streams of commerce1 but forcing nothing2 establishing1 with the powers so disposed1 in order to give trade a staple course1 to define the rights of our merchants1 and to enable government to support them1 conventional rules of intercourse1 the best that present circumstances and mutual opinion will permit1 but temporary1 and liable to be1 from time to time1 abandoned or varied1 as experience and circumstances shall dictate2 constantly keeping in view1 that it is folly in one nation to look for disinterested favors from another2 that it must pay1 with a portion of its independence1 for whatever it may accept under that character2 that by such acceptance it may place itself in the condition of having given equivalents for nominal favors1 and yet of being reproached with ingratitude for not giving more4 ,there can be no greater error than to expect or calculate upon real favors from nation to nation4 ,it is an illusion which experience must cure1 which a just pride ought to discard4 ,in offering to you1 my countrymen1 these counsels of an old and affectionate friend1 ,i dare not hope they will make the strong and lasting impression ,i could wish2 that they will control the usual current of the passions1 or prevent our nation from running the course which has hitherto marked the destiny of nations2 but1 if ,i may even flatter myself that they may be productive of some partial benefit1 some occasional good2 that they may now and then recur to moderate the fury of party spirit2 to warn against the mischiefs of foreign intrigue2 to guard against the impostures of pretended patriotism2 this hope will be a full recompense for the solicitude for your welfare by which they have been dictated4 ,how far1 in the discharge of my official duties1 ,i have been guided by the principles which have been delineated1 the public records and other evidences of my conduct must witness to you and to the world4 ,to myself the assurance of my own conscience is1 that ,i have at least believed myself to be guided by them4 ,in relation to the still subsisting war in ,europe1 my proclamation of the #bb;d of ,april1 #agic1 is the index to my plan4 ,sanctioned by your approving voice1 and by that of your representatives in both houses of ,congress1 the spirit of that measure has continually governed me1 uninfluenced by any attempts to deter or divert me from it4 ,after deliberate examination1 with the aid of the best lights ,i could obtain1 ,i was well satisfied that our country1 under all the circumstances of the case1 had a right to take--and was bound in duty and interest to take--a neutral position4 ,having taken it1 ,i determined1 as far as should depend on me1 to maintain it with moderation1 perseverance1 and firmness4 ,the considerations which respect the right to hold this conduct1 it is not necessary on this occasion to detail4 ,i will only observe that1 according to my understanding of the matter1 that right1 so far from being denied by any of the belligerent powers1 has been virtually admitted by all4 ,the duty of holding a neutral conduct may be inferred1 without anything more1 from the obligation which justice and humanity impose on every nation1 in cases in which it is free to act1 to maintain inviolate the relations of peace and amity toward other nations4 ,the inducement of interests for observing that conduct will best be referred to your own reflections and experience4 ,with me1 a predominant motive has been to endeavor to gain time to our country to settle and mature its yet recent institutions1 and to progress1 without interruption1 to that degree of strength and consistency which is necessary to give it1 humanly speaking1 the command of its own fortunes4 ,though in reviewing the incidents of my administration1 ,i am unconscious of intentional error1 ,i am1 nevertheless1 too sensible of my defects not to think it probable that ,i may have committed many errors4 ,whatever they may be1 ,i fervently beseech the ,almighty to avert or mitigate the evils to which they may tend4 ,i shall also carry with me the hope that my country will never cease to view them with indulgence2 and that after forty-five years of my life dedicated to its service with an upright zeal1 the faults of incompetent abilities will be consigned to oblivion1 as myself must soon be to the mansions of rest4 ,relying on its kindness in this as in other things1 and actuated by that fervent love towards it1 which is so natural to a man who views in it the native soil of himself and his progenitors for several generations1 ,i anticipate with phasing expectation that retreat in which ,i promise myself to realize1 without alloy1 the sweet enjoyment of partaking in the midst of my fellow-citizens1 the benign influence of good laws under a free government--the ever favorite object of my heart1 and the happy reward1 as ,i trust1 of our mutual cares1 labors1 and dangers4 ,,george ,,washington4 ,united ,states1 ,september #ag1 #agif4 ,transcriber's ,note ,unequivocal typographical and paragraph numbering errors have been corrected4