CHAPTER XI.

OF THE ORDER OF PROCEEDING.

188. When several subjects are before the assembly; that is, on the table for consideration (for there can be but a single subject _under_ consideration at the same time), and no priority has been given to any one over another, the presiding officer is not precisely bound to any order, as to what matters shall be first taken up; but is left to his own discretion, unless the assembly on a question decide to take up a particular subject.

189. A settled order of business, however, where the proceedings of an assembly are likely to last a considerable time, and the matters before it are somewhat numerous, is useful if not necessary for the government of the presiding officer, and to restrain individual members from calling up favorite measures, or matters under their special charge, out of their just time. It is also desirable, for directing the discretion of the assembly, when a motion is made to take up a particular matter to the prejudice of others, which are of right entitled to be first attended to, in the general order of business.

190. The order of business may be established in virtue of some general rule, or by special orders relating to each particular subject, and must, of course, necessarily depend upon the nature and amount of the matters before the assembly.

191. The natural order, in considering and amending any paper, which consists of several distinct propositions, is, to begin at the beginning, and proceed through it by paragraphs; and this order of proceeding, if strictly adhered to, as it should always be in numerous assemblies, would prevent any amendment in a former part, from being admissible, after a latter part had been amended; but this rule does not seem to be so essential to be observed in smaller bodies, in which it may often be advantageous to allow of going from one part of a paper to another, for the purpose of amendments.

192. To this natural order of beginning at the beginning, there is one exception according to parliamentary usage, where a resolution or series of resolutions, or other paper, has a preamble or title, in which case, the preamble or title is postponed, until the residue of the paper is gone through with.

193. In considering a proposition consisting of several paragraphs, the course is, for the whole paper to be read entirely through, in the first place by the clerk; then a second time, by the presiding officer, by paragraphs; pausing at the end of each, and putting questions for amending, if amendments are proposed; and, when the whole paper has been gone through with, in this manner, the presiding officer puts the final question on agreeing to or adopting the whole paper, as amended or unamended.

194. When a paper which has been referred to a committee, and reported back to the assembly, is taken up for consideration, the amendments only are first read, in course, by the clerk. The presiding officer then reads the first, and puts it to the question, and so on until the whole are adopted or rejected, before any other amendment is admitted, with the exception of an amendment to an amendment. When the amendments reported by the committee have been thus disposed of, the presiding officer pauses, and gives time for amendments to be proposed in the assembly to the body of the paper (which he also does, if the paper has been reported without amendments, putting no questions but on amendments proposed); and when through the whole, he puts the question on agreeing to or adopting the paper, as the resolution, order, etc., of the assembly.

195. The final question is sometimes stated merely on the acceptance of the report, but a better form is on agreeing with the committee in the resolution, order, or whatever else the conclusion of the report may be, as amended, or without amendment, and the resolution or order is then to be entered in the journal as the resolution, etc., of the assembly, and not as the report of the committee accepted.

196. When the paper referred to a committee is reported back, as amended, in a new draft (which may be and often is done, where the amendments are numerous and comparatively unimportant), the new draft is to be considered, as an amendment, and is to be first amended, if necessary, and then put to the question as an amendment reported by the committee; or, the course may be, first to accept the new draft, as a substitute for the original paper, and then to treat it as such.

197. It often happens, that, besides a principal question, there are several others connected with it, pending at the same time, which are to be taken in their order; as, for example, suppose, _first_, a principal motion; _second_, a motion to amend; _third_, a motion to commit; _fourth_, the preceding motions being pending, a question of order arises in the debate, which gives occasion, _fifth_, to a question of privilege, and this leads, _sixth_, to a subsidiary motion, as, to lie on the table. The regular course of proceeding requires the motion to lie on the table to be first put; if this is negatived, the question of privilege is then settled; after that comes the question of order; then the question of commitment; if that is negatived, the question of amendment is taken; and, lastly, the main question. This example will sufficiently illustrate the manner in which questions may grow out of one another, and in what order they are to be decided.[24]

198. When a motion is made and seconded, it is the duty of the presiding officer to propose it to the assembly; until this is done, it is not a question before the assembly, to be acted upon or considered in any manner; and consequently it is not then in order for any member to rise either to debate it, or to make any motion in relation to it whatever.

199. 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 together, and to be put to the question in their order; as is done, when a member moves a principal question, a resolution, for example, and, at the same time, the previous question, or that the resolution lie on the table. In such a case, the presiding officer should take no notice whatever of the subsidiary motion, but should propose the principal one by itself in the usual manner, before allowing any other to be made. Other members, then, would not be deprived of their rights of debate, etc., in relation to the subject moved.

200. When a member has obtained the floor, he cannot be cut off from addressing the assembly, on the question before it; nor, when speaking, can he be interrupted in his speech, by any other member rising and moving an adjournment, or for the orders of the day, or by making any other privileged motion of the same kind; it being a general rule, that a member in possession of the floor, or proceeding with his speech, cannot be taken down or interrupted, but by a call to order; and the question of order being decided, he is still to be heard through. A call for an adjournment, or for the orders of the day, or for the question, by gentlemen in their seats, is not a motion; as no motion can be made, without rising and addressing the chair, and being called to by the presiding officer. Such calls for the question are themselves breaches of order, which, though the member who has risen may respect them, as an expression of the impatience of the assembly at further debate, do not prevent him from going on if he pleases.

24. The order of motions, for the disposal of any question, is usually fixed by a special rule, in legislative assemblies. See note to paragraph 61.