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No member may be present when a bill, or any business concerning himself is debating; nor is any member to speak to the merits of it till he withdraws. -2 Hats. 219. The rule is, that if a charge against a member arise out of a report of a committee, or examination of witnesses in the House, as the member knows from that to what points he is to direct his exculpation, he may be heard to those points, before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order, or matter arising in debate, there the matter must be stated, that is, the question must be moved, himself heard, and then to withdraw.—2 Hats. 121, 122.
Where the private interests of a member are concerned in a bill or question, he is to withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary not only to the laws of decency, but to the fundamental principles of the social compact, which denies to any man to be a judge in his own cause, it is for the honour of the House that this rule of immemorial observance should be strictly adhered to.—2 Hats. 119, 121; 6 Grey, 368.
No man is to come into the House with his head covered, nor to remove from one place to the other with his hat on, nor is to put on his hat in coming in, or removing, until he be sit down in his place.Scob. 6.
A question of order may be adjourned to give time to look into precedents.--2 Hats. 118.
In the Senate of the United States, every question of order is to be decided by the President, without debate : but if there be a doubt in bis mind, he may call for the sense of the Senate.—Rule 6.
If any member, in speaking, or otherwise, transgress the rules of the
House, the Speaker shall, or any member may, call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate : if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favour of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed without leave of the House; and, if the case require it, he shall be liable to the censure of the House. -Rules H. R. 21.
In Parliament, all decisions of the Speaker may be controlled by the House.—3 Grey, 319.
ORDERS OF THE HOUSE.
OF right, the door of the House ought not to be shut, but to be kept by porters, or sergeants-at-arms, assigned for that purpose.—Mod. ten. Parl. 23.
By the rule of the Senate, on motion made and seconded to shư the doors of the Senate, on the discussion of any business which may in the opinion of a member, require secrecy, the President shall direc the Gallery to be cleared; and during the discussion of such motion the door shall remain shut.-Rule 18.
No motion shall be deemed in order, to admit any person or persons whatever within the doors of the Senate-chamber, to present any pe. tition, memorial, or address, or to hear any such read.-Rule 19.
The only case where a member has a right to insist on any thing, is where he calls for the execution of a subsisting order of the House. Here, there having been already a resolution, any member has a right to insist that the Speaker, or any other whose duty it is, shall carry it into execution; and no debate or delay can be had on it. Thus any member has a right to have the House or gallery cleared of
strangers, an order existing for that purpose; or to have the House told when there is not a quorum present. — 2 Hats. 87, 129. How far an order of the House is binding, see Hakew. 392.
But where an order is made that any particular matter be taken up on a particular day, there a question is to be put when it is called for, Whether the House will now proceed to that matter? Where orders of the day are on important or interesting matter, they ought not to be proceeded on till an hour at which the House is usually full—which in Senate is at noon.)
Orders of the day may be discharged at any time, and a new one made for a different day.—3 Grey, 48, 313.
When a session is drawing to a close, and the important bills are all brought in, the House, in order to prevent interruption by further unimportant bills, sometimes come to a resolution, that no new bill be brought in, except it be sent from the other House.3 Grey, 156.
All orders of the House determine with the session; and one taken under such an order may, after the session is ended, be discharged on a Habeas Corpus. -Raym. 120; Jacob's L. D. by Ruffhead; Parlianent, 1 Lev. 165, Pritchard's case.
Where the Constitution authorizes each House to determine the cules of its proceedings, it must mean in those cases, legislative, exe. cutive, or judiciary, submitted to them by the Constitution, or in some. thing relating to these, and necessary towards their execution. But nrders and resolutions are sometimes entered in the journals, having no relation to these, such as acceptances of invitations to attend ora. tions, to take part in processions, &c. These must be understood to he merely conventional among those who are willing to participate in the ceremony, and are therefore, perhaps, improperly placed ainong re records of the House.
A PETITION prays something. A remonstrance has no prayer.—1 Grey, 58.
Petitions must be subscribed by the petitioners, Scob. 87, L. Parl. c. 22; 9 Grey, 362, unless they are attending, 1 Grey, 401, or unable to sign, and averred by a member.—3 Grey, 418. But a petition not subscribed, but which the member presenting it affirmed to be all in the handwriting of the petitioner, and his name written in the beginning, was, on the question, (March 14, 1800,) received by the Senate. The averment of a member, or somebody without doors, that they know the handwriting of the petitioners, is necessary, if it be questioned. 6 Grey, 36. It must be presented by a member, not by the petitioners, and must be opened by him, holding it in his hand.—10 Grey, 57.
Before any petition or memorial, addressed to the Senate, shall be received and read at the table, whether the same shall be introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer.Rule 24.
Petitions, memorials, and other papers, addressed to the House, shall be presented by the Speaker, or by a member in his place; a brief statement of the contents thereof shall be made verbally by the introducer; they shall not be debated on the day of their being presented, nor on any day assigned by the House for the receipt of petitions after the first thirty days of the session, unless where the House shall direct otherwise, but shall lie on the table, to be taken up in the order in which they were presented.-Rule H. R. 55.
Regularly a motion for receiving it must be made and seconded, and a question put, Whether it shall be received ? But a cry from the House of “Received," or even its silence, dispenses with the formality of this question: it is then to be read at the table, and disposed of.
WHEN a motion has been made, it is not to be put to the question, or debated, until it is seconded. Scob. 21.
The Senate say, No motion shall be debated until the same shall be seconded.--Rule 9.
It is then, and not till then, in possession of the House. It is to be put into writing, if the House or Speaker require it, and must be read to the House by the Speaker, as often as any member desires it for his information.—2 Hats. 82.
The rule of the Senate is, When a motion shall be made and sec. onded, it shall be reduced to writing, if desired by the President or any member, delivered in at the table, and read by the President, before the same shall be debated.—Rule 10.
When a motion is made and seconded, it shall be stated by the Speaker; or, being in writing, it shall be handed to the chair, ara read aloud by the clerk before debated.—Rules H. R. 38.
Every motion shall be reduced to writing, if the Speaker or any member desire it.—Rules H. R. 39.
It might be asked, whether a motion for adjournment, or for the orders of the day, can be made by one member while another is speaking? It cannot. When two members offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, unless by calling him to order if he