minutes of the proceedings were going on during the debate, and the resolution was therefore already entered, the only mode of accomplishing the object contemplated by the motion would be to expunge the entry of the resolution.1 In another case, two members having risen to address the house, and one of them being called upon by the speaker, a motion was made in this form, that the member called upon by the speaker, "not being first up, do now speak;" but the speaker stated the question thus, that the other member, "being first up, do now speak.” 2 1235. When a motion has been stated by the speaker to the house, and proposed as a question for its determination, it is then in the possession of the house, to be decided or otherwise disposed of according to the established forms of proceeding, and is no longer in the power of the mover to withdraw or modify without the consent of the house. But with the leave of the house, a motion may be withdrawn, either by the mover, or at the suggestion of any member at any time before the question is fully put upon it, even if the debate has been adjourned.3 1236. In order that a motion may be withdrawn after being stated, the unanimous consent of the house must be given, upon a request or motion made for that purpose by the mover or some other member; though, as has already been seen, until a motion has been stated, it is entirely within the control of the mover to withdraw or modify at his pleasure. 4 1237. The usual form of proceeding in the withdrawal of a motion is for the mover, either of his own accord, or upon the suggestion of the speaker or some other member, to express a wish to withdraw his motion; if the seconder gives his consent, the speaker then puts the question, that the motion be withdrawn; and if there is no dissenting voice, the motion is withdrawn accordingly. If any one member dissents, the motion cannot be withdrawn, but must be decided by the house.5 It is not usual to put the question for withdrawing until the mover and seconder have given their consent, provided they are present to do so; but if they happen to be absent from the house at the time, so that their consent cannot be obtained, the question may nevertheless be put, and the motion withdrawn by the consent of the house. 1238. If any other motion, as, for example, the previous ques tion,1 or an amendment,2 is pending at the time in reference to a motion which the mover desires to withdraw, the consent of the mover and seconder of such second motion must also be obtained, before the question can be put for withdrawing the first. In this case, the question is put, in fact, upon withdrawing both motions at the same time, and will of course be negatived by the dissent of any one member, who wishes to decide the first motion either by itself, or by means of or connected with the second motion; but, though the first motion cannot be withdrawn without the second, the latter may be withdrawn, like any other motion. 1239. After a motion has been proposed by the speaker, and thus put into the possession of the house, the mover and seconder have no more control over it than any other member; nor is their presence in the house, any more necessary for considering or disposing of it, than the presence of other members; and, therefore, when a motion has been regularly stated, the fact of its having been moved cannot be called in question, merely because the mover is not present, at the moment, and cannot avow the motion to be his.3 1240. When a motion has been proposed by the speaker, it is no longer in the power of the mover to modify it, at his pleasure, as he may do before it has been stated; it can then only be altered by being amended, on motion and vote, in the usual manner; 4 unless the house give the mover leave to withdraw his motion, for the purpose of offering it in a different form;5 or it is presumed, unless he should be allowed to modify it by general consent. 1241. It is deemed so essential in the legislative assemblies of this country, that the mover of a motion should possess the right of withdrawing it at pleasure, that it is generally provided by a rule, that a motion after it is in possession of the house may be withdrawn by the mover at any time before a decision or amendment. The mover may modify his motion either at his own suggestion, or by adopting a modification or amendment suggested by another. The right to modify is a consequence of the right to withdraw and may be exercised whenever the latter is allowable,7 except when the previous question has been moved, in which case, 6 1 Hans. (1), XXXIV. 139. 2 Hans. (2), XI. 913, 915, 918. 3 Parl. Reg. XXIV. 76, 77; Same, XXV. 158, 159, 160. 4 Parl. Reg. XVII. 107. 5 Parl. Reg. XXV. 303, 313, 327, 328. 6 This is the rule of the house of representatives of the United States. The rule of the senate provides that a motion may be withdrawn at any time before a decision, amendment, or ordering of the yeas and nays. 7 J. of H. 30th Cong. 1st Sess. 196. the mover of the proposition to which the previous question applies, may withdraw his motion altogether, but is not at liberty to modify it.1 All cases, not coming within the rule of the particular assembly, as to the withdrawal of motions, either in regard to times or subjects, are governed by the rules above stated. 1242. In regard to petitions, memorials, and papers of that description, all motions relating to them stand, in this respect, upon the footing of other motions. Bills and reports and similar papers so long as they remain in the form of motions, are subject to the like rules. When, however, papers of this and the former description have been received by the house they can only be withdrawn with its consent obtained and evidenced in the usual manner.2 1243. Where a motion is withdrawn, either before it is proposed as a question, or at the suggestion of the mover, or by the leave of the assembly, it may be moved again.3 1244. When the paper, on which a motion is founded, has been received from the other branch, or is reported by a committee, or has passed into the possession of the assembly, it cannot be modified; inasmuch as there is no person in existence, as a member of the assembly, who has authority to suggest or accede to a modification.1 1245. The mover of a proposition may modify it so as essentially to change its character; in which case, all motions, predicated upon it as it stood originally may fall, and it will be no longer objectionable on the ground, that the judgment of the assembly has been already expressed upon it.5 A modification is not allowable, where the effect of it would be to introduce a new instrument, as, for instance, a bill or joint resolution, contrary to the rules of the assembly.6 1246. If the mover withdraws his motion, upon a compact with some other member to renew it, the presiding officer cannot recognize or enforce any such compact; but will leave it entirely to the honor and opportunity of the member with whom the compact is made." 1247. Under the rules applicable to this subject, the seconder of a motion may, it seems, withdraw his second. 1 J. of H. 26th Cong. 1st Sess. 1288; Same, 27th Cong. 1st Sess. 813; Same, 31st Cong. 1st Sess. 1395; Cong. Globe, XI. 471. 2 See post, § 2339. 3 Cong. Globe, XVII. 273; May, R. O. &c., 131. 4 Cong. Globe, XXI. 835; Same, XXIII. 129. 5 Cong. Globe, XVIII. 179, 180. 6 J. of H. 32d Cong. 1st Sess. 679. 7 Cong. Globe, VIII. 173, 174; Same, XI. 687, 916; Same, XVIII. 48. 8 Lloyd's Deb. II. 5. 1248. When the mover of a proposition has a right to withdraw it, at his pleasure, he may do so at any time when he can obtain the floor for the purpose, whether a quorum is present or not; but when a motion is necessary for the purpose, this can only be made and acted upon, when a quorum is present. 1249. After a motion has been proposed, it is regularly to remain upon the table before the speaker; and, whilst under consideration, it is the right of every member, as often as he may desire, to look at it, or require it to be read, for information.1 But no member has a right to inspect it as it lies on the table. CHAPTER SECOND. OF MOTIONS CONSIDERED WITH REFERENCE TO THEIR SUBSTANCE. 1250. It being the right of every member to propose any motion he may think proper, for the consideration of the house,2 unless restrained by some express prohibition, or by considerations of public policy, or by the necessity of regularity and order in the proceedings, the subject of this chapter will be most conveniently treated in the negative form by showing what motions are objec tionable. 1251. I. Motions in contravention of a statute are objectionable on that ground; although, as it is in the power of the two houses, to repeal the act, each of them may institute proceedings for that purpose; yet, whilst an act remains unrepealed, it is binding on the members collectively as well as individually. Thus, a motion made in the house of commons, contravening any of the provisions of the several acts regulating the trial of controverted elections, would be irregular. For a similar reason, in this country a motion is objectionable, which is in contravention of a constitutional provision, or of an act of the legislature made in conformity therewith. 1252. II. A motion, which is in contravention of any of the standing orders, is irregular,3 for the reason, that it violates the laws 1 Romilly, 274; Hatsell, II. 112. 2 Hans. (3), LXIII. 1446. 2 Parl. Reg. XI. 147, 485. which the assembly has imposed on itself for its own government, and for the regulation of its proceedings; and although it can, if it sees fit, repeal any of its orders, yet, whilst an order is in force, it cannot be disregarded; and, therefore, no member is at liberty to make a motion repugnant to a standing order of the house. 1253. III. A motion, which contravenes a particular or special order of the house, is also objectionable for the same reason; although the orders of the house may be rescinded or discharged, at the pleasure of the house at any time. Thus, if the house order that a bill be read a second time on a particular day, a motion on some other day that it be then read a second time would be irregular, as contravening the order of the house for the second reading; but the house might, nevertheless, discharge or rescind the order for the second reading. 1254. IV. It is a rule, introduced in order to avoid contradictory decisions, to prevent surprises, and to afford opportunity for determining questions as they arise, that no motion shall be made or question proposed, which is substantially the same with one on which the judgment of the house has already been expressed during the session,1 or which is still pending in the house or before a committee. 1255. If the motion proposed is the same in substance with that already determined, no mere alteration of the language will be sufficient to evade this rule. Thus, where a motion was made for a bill to relieve dissenters from the payment of church-rates, the form and words of which were different from those of a previous motion, but the object of which was the same in substance, and the speaker called the attention of the house to the point of order, the house agreed that the motion was irregular, and ought not to be proposed.2 But when a motion for leave to bring in a bill has been rejected, although a second motion of the same substance cannot be entertained, it is competent to move for a committee of the whole, or a select committee, to consider of the laws to which the rejected bill referred; and this is an expedient often resorted to.3 The rule may be evaded by framing the new motion, with such differences as to form and matter, as to be beyond the restriction, while the purpose in view is susceptible of being effected under it. But the rule cannot be evaded by renewing, in the form of an amendment, a motion which has already been disposed of.4 1 May, 233. 2 May, 234; Comm. Jour. XCV. 495. 3 May, 234. 4 Hans. (3), LXXVI. 1021; May, 234. F |