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by name; whereupon he proceeds, unless he voluntarily sits down, and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision; in which case, the question is put, “ which member was first up?”—2 Hats. 76; Scob. 7; D'Ewes, 434, col. 1, 2.
In the Senate of the United States, the President's decision is with oul appealTheir rule is in these words :- When two members rise at the same time, the President shall name the person to speak; but in all cases, the member who shall first rise and address the chair, shall speak first.-Rule 5.
No man can speak more than once to the same bill, on the same day; or even on another day, if the debate be adjourned. But if it be read more than once, in the same day, he may speak once at every reading. Co. 12, 116; Hakew. 148; Scob. 58; 2 Hats. 75. Even a change of opinion does not give a right to be heard a second time. — Smyth. Comw. L. 2. c. 3; Arcan. Parl. 17.
The corresponding rule of the Senate is in these words :-No member shall speak more than twice in any onc debate on the same day, without leave of the Senate.—Rule 4.
No member shall speak more than once to the same question, without leave of the House, unless he be the mover, proposer, or introducer of the matter pending; in which case he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken.—Rule H. R. 32.
But he may be permitted to speak again to clear a matter of fact.-3 Grey, 357, 416. Or merely to explain himself, 3 Hats. 73, in some material part of his speech, ib. 75; or to the manner or words of the question, keeping himself to that only, and not travelling into the merits of it, Memorials in Hakew. 29; or to the orders of the House, if they be transgressed, keeping within
that line, and falling into the matter itself. --Mem. Hakew. 30, 31.
But if the Speaker rises to speak, the member stand. ing up ought to sit down, that he may be first heard Town. col. 205; Hale. Parl. 133; Mem. in Hakew. 30, 31. Nevertheless, though the Speaker may of right speak to matters of order, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge: then he may, with their leave, state the matter of fact.-3 Grey, 38.
No one is to speak impertinently or beside the question, superfluously or tediously. - Scob. 31, 33 ; 2 Hats. 166, 168; Hale. Parl. 133.
No person is to use indecent language against the proceedings of the House, no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it. - 2 Hats. 169, 170; Rushw. p. 3. v. 1. fol. 42. But while a proposition is under consideration, is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House.-9 Grey, 308.
No person, in speaking, is to mention a member then present by his name; but to describe him by his seat in the House, or who spoke last or on the other side of the question, &c. Mem. in Hawk.-3 Smyth's Comw. L. 2. c. 3; nor to digress from the matter to fall upon the person. - Scob. 31; Hale, Parl. 133; 2 Hats. 166, by speaking, reviling, nipping, or unmannerly words against a particular member. Smyth's Comw. L. 2. c. 3. The consequence of a measure may be reprobated in strong terms; but to arraign the motives of those who propose or advocate it, is a personality, and against order. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress.-Ord. Com. 1604, Apr. 19.
When a member shall be called to order by the President or a Senator, he shall sit down; and every question out of order shall be decided by the President, without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate 03 any question of order.—Rule 6.
While the Speaker is putting any question, or addressing the House, none shall walk out of or across the House ; nor in such case, or when a member is speaking, shall entertain private discourse; noz, while a member is speaking, shall pass between him and the chais. Every member shall remain uncovered during the session of the House. No member or other person shall visit or remain by the Clerk's table while the ayes and noes are calling, or ballots are counting.–Rule H R. 34.
No one is to disturb another in his speech, by hissing, coughing, spitting,—6 Grey, 332 ; Scob. 8; D'Ewes, 332, col. 1; nor stand up to interrupt him,-Town. col. 205; Mem. in Hakew. 31; nor to pass between the Speaker and the speaking member; nor to go across the House, -Scob. 6; or to walk up
and down it; or to take books or papers from the table, or write there. -2 Hats. 171.
Nevertheless, if a member finds it is not the inchi nation of the House to hear him, and that, by convey sation or any other noise, they endeavour to drown his voice, it is the most prudent way to submit to the pleasure of the House, and sit down; for it scarcely ever happens that they are guilty of this piece of ill manners without sufficient reason, or inattentive to a member who says any thing worth their hearing. 2 Hats. 77, 78.
If repeated calls do not produce order, the Speaker may call by his name any member obstinately persisting in irregularity; whereupon the House may re quire the member to withdraw. He is then to bio heard in exculpation, and to withdraw. Then the Speaker states the offence committed, and the House considers the degree of punishment they will inflict -2 Hats. 169, 7, 8, 172.
For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc. 82; 3 Grey, 128; 4 Grey, 328; 5 Grey, 38; 26 Grey, 204; 10 Grey, 8. Whenever warm words or an assault have passed between the members, the House, for the protection of their members, requires them to declare in their places not to prosecute any quarrel,—3 Grey, 128, 293; 5 Grey, 289; or orders them to attend the Speaker, who is to accommodate their differences, and to report to the House, 43 Grey, 419; and they are put under restraint, if they refuse, or until they do.-9 Grey, 234, 312.
Disorderly words are not to be noticed till the member has finished bis speech.—5 Grey, 356; 6 Grey, 60. Then the person objecting to them, and desiring them to be taken down by the clerk at the table, must repeat them. The Speaker then may direct the clerk to take them down in his minutes. But if he thinks them not disorderly, he delays the direction. If the call becomes pretty general, he orders the clerk to take them down, as stated by the objecting member. They are then part of his minutes, and when read to the offending member, he may deny they were his words, and the House must then decide by a question, whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. "If the House is satisfied, no further proceeding is necessary. But if two members still insist to take the sense of the House, the member must withdraw before that question is stated, and then the sense of the House is to be taken.—2 Hats. 199; 4 Grey, 170; 6 Grey, 59. When any member has spoken, or other business intervened. after offensive words spoken, they cannot be taken notice of for censure.
And this is for the common security of all, and to prevent mistakes, which must happen, if words are not taken down immediately. Formerly, they might be taken down at any time the same day.-- 2 Hats. 196; Mem. in Hakew. 71; 3 Grey, 48; 9 Grey, 514.
Disorderly words spoken in a committee, must be written down as in the House; but the committee can only report them to the House for animadversion.6 Grey, 46.
The rule of the Senate says,–If a member be called to order for words spoken, the exceptionable words shall be immediately taken down in writing, that the President may be better enabled to judge. -Rule 7.
In Parliament, to speak irreverently or seditiously against the King, is against order.-Smyth's Comw. L. 2, c. 3; 2 Hats. 170.
It is a breach of order in debate to notice what has been said on the same subject in the other House, or the particular votes or majorities on it there; because the opinion of each House should be left to its own independency, not to be influenced by the proceedings of the other; and the quoting them might beget reflections leading to a misunderstanding between the two Houses.-8 Grey, 22.
Neither House can exercise any authority over a member or officer of the other, but should complain to the House of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member of another House, it is difficult to obtain punishment, because of the rules supposed necessary to be observed as to the immediate noting down of words) for the security of members. Therefore it is the duty of the House, and more particularly of the Speaker, to interfere immediately, and not to permit expressions to go unnoticed, which may give a ground of complaint to the other House, and introduce proceedings and mutual accusations between the two Houses, which can hardly be terminated without difficulty and disorder.-3 Hats. 51.