rules of the house of representatives of the United States, a provision is inserted, that the rules shall not be suspended, but by a vote of two thirds; while the joint rules are silent on the subject. The consequence is, that the rules of the house can only be suspended by a vote of two thirds, but the joint rules may be suspended by the concurrent votes of a majority of each branch.1 1492. A suspension of the orders can only take place in reference to a proceeding to be instituted, or a motion to be made, during the current session: thus, where a motion was made in the house of commons that the promoters of a certain railway might be allowed to bring in a bill in the next session, on giving the notices required in reference to other bills, and that the standing orders relating to the deposits of capital on railways be dispensed with for the purpose, the motion was objected to, (and appears to have been waived by the mover,) on the ground, that "it would be for that session of parliament to inquire whether the proper notices had been given, and whether the proper deposits had been made, and whether, in fact, the standing orders had been complied with; and if that were not the case, then would be the time to endeavor to induce the house to accede to the proposition now made." 2 5. Of taking the Question by Yeas and Nays. 1493. It is provided in almost all the American constitutions, that the yeas and nays of the members of our legislative bodies, on any question pending before them, shall be taken and recorded in their journal, on the demand of a certain number of the members present, or of a certain proportion of their number; but no mode is therein pointed out for ascertaining whether that form of taking the question is demanded by the requisite number. This is left to be done by putting the question, on the demand of a single member, in the ordinary manner. The motion for this purpose is incidental to the ordinary course of proceeding. 1494. The practice in demanding or moving for the yeas and nays is the same, whether they are moved for under this provision, or where they are only provided for by the rules and orders of the assembly in which they are proposed to be taken. They may be demanded by a single member, and it then becomes the duty of the presiding officer to ascertain whether the requisite number is in favor of the demand. This method of voting may be applied 1 Cong. Globe, XII. 374; Same, XIII. 695; 2 Hans. (3), LV. 14. Same, XIV. 394. See Same, XX. 529. to all questions, whether subsidiary or principal, which are before the assembly for its determination, but not to matters which are not strictly questions; as, for example, to a motion for the yeas and nays, or, where more than one member is required, whether the requisite number is in favor of a demand for the previous question,1 or to a motion to reconsider a demand for the previous question.2 4 1495. The yeas and nays may be ordered, when a quorum is not present on all questions which may be taken without a quorum, but not on others;3 and may be moved for after a question is proposed, not only during the voting on it in any other form, as, for example, while the negative vote is taking, or while the vote is announcing, or before it is announced, but even after the decision is announced, provided the house has not passed to other business.7 If the yeas and nays are ordered to be taken on a motion which is subsequently withdrawn, and afterwards renewed, there must be a new motion and vote for taking the question by yeas and nays.8 1496. A motion for the yeas and nays can only be made once in reference to the same question. If decided in the negative, it is not in order to move a second time that the question be taken in that manner.10 If decided in the affirmative, the order may be discharged or rescinded by the revising of the vote by which the yeas and nays are required to be ordered. In both cases, the matter may be reached again by a motion to reconsider. This motion is itself to be decided by the ordinary major vote; but, if decided in the affirmative, it gives rise at once, to the motion for the yeas and nays, to be decided according to the rule established for that purpose.12 11 1497. When a question is ordered to be taken in this manner, it is open to debate until the clerk has begun to call the roll and one member at least has answered to his name, when further debate is precluded; 13 none but members who are within the bar, that is to say, within the house, when the question is stated, have a right to give their votes upon it; 14 and any member who has already an 1 J. of H. 19th Cong. 2d Sess. 254; Cong.. 3 J. of H. 32d Cong. 1st Sess. 651, 652, 727; 4 Cong. Globe, XI. 883; Same, XIV. 121. • Cong. Globe, XI. 741; Same, XIII. 482. 7 J of H. 32d Cong. 2d Sess. 194, 195; Cong. Globe, XXI. 277. 8 Cong. Globe, VIII. 393. 9 Cong. Globe, XX. 623, 624. 10 Cong. Globe, XIV. 88; Same, XV. 303, 304. 11 Cong. Globe, XX. 623, 624; J. of H. 30th Cong. 1st Sess. 405; Cong. Globe, VIII. 420. 12 J. of H. 30th Cong. 1st Sess. 405. 13 J. of H. VI. 446; Same, 17th Cong. 1st Sess. 216, 217; Reg. of Deb. IV. Part 2, 2479; Cong. Globe, XXI. 1686. 14 J. of H. 19th Cong. 1st Sess. 796. swered to his name may, at his own request, be called again1 and change his vote, and back as many times as he pleases," at any time before the decision is announced.3 be taken in committee of the whole.4 The The yeas and nays cannot SECTION II. OF MOTIONS RELATED TO, OR CONNECTED WITH, SOME SUBJECT WHICH IS DEEMED TO BE OF PARAMOUNT IMPORTANCE. 1498. The second class of questions, which, when they arise, take the place of other pending questions, for the time being, consists of those which relate to, or are connected with some subject. which is deemed to be of paramount importance, either in itself considered, or in virtue of some previous vote or proceeding of the house. Questions of this class are of two kinds, namely, motions or questions relating to the rights and privileges of the house, or of its individual members, and those relating to the orders of the day, and other matters of business. The first are called questions of privilege; the latter privileged questions. 1. Questions of Privilege. 1499. The very existence of a legislative assembly, to say nothing of its power of acting with freedom and efficiency, depends so entirely upon the maintenance of what are denominated its privileges, and of the privileges of its individual members, that all questions relating to these subjects are deemed of paramount importance, and are allowed to supersede for the time being any other question which may then be under consideration. When, therefore, any question of this kind arises, as, for example, when members are attacked with force and violence, either within the precincts of the house, or on their way thither; or are obstructed in entering the house, either by violence or insult; when the proceedings of the house are disturbed or interrupted, either by members or strangers; when the freedom of debate and proceeding is attempted to be overawed by mobs or armed force without; or when a personal quarrel takes place between two or more members, within the house; in all such cases, the house will proceed, at once, laying aside, or rather suspending, without any vote, all other business, to consider the matter in which their privileges are involved; and, if necessary to bring the subject before the house, a member speaking may even be interrupted in his speech, in the 1 Cong. Globe, X. 55. 2 Cong. Globe, XXI. 171. ་ same manner, as if he had been guilty of a breach of the orders of the house. 1500. When a member brings fórward a question of this kind, either in the shape of a verbal or written complaint, upon which he proposes to predicate some motion or resolution for the consideration of the house, or in the form of a motion, or resolution which he submits at once for the consideration of the house, it is for the presiding officer to decide,1 in the first instance, whether the member's statement, in whatever manner it is brought forward, involves a question of privilege, and as such is entitled to supersede other business. 1501. But though a question of privilege is thus allowed to supersede all other business for the time being, it does not follow that no other business is to be done, until the matter of privilege is finally settled and determined. This would, in many cases, do more to impede, than to facilitate, the business of the house. It is only necessary, therefore, when a breach of privilege occurs, and is taken notice of by the house, or is brought to its knowledge, that the house should proceed to such immediate measures as it may think proper, in order to vindicate itself or its members, or to remove all obstructions to its freedom of proceeding. When this has been done, whether the matter of privilege is thus settled, or only temporarily disposed of, the business thereby interrupted revives, and is resumed at the precise point where it was broken off. 1502. It will be obviously impossible, though the leading cases give rise to no doubt, to describe beforehand, except in the most general and comprehensive terms, all the questions of this kind, which may arise in a legislative assembly; but some of the most important of those, which have occurred in the house of representatives of the United States, will serve to give an idea, perhaps an adequate one, of cases of this description. These cases will now be briefly mentioned, first, those in the affirmative, and then those in the negative. 1503. It has accordingly been decided, in that assembly, that the following subjects, among others, may be entertained therein, as matters of privilege, that is to say:- Questions relating to the right of members and delegates to be qualified, including, of course, their credentials,2 namely, members who are duly returned but were not present at the organization of the house,3 members entitled to seats by the determination of a controverted election, and mem 1 J. of H. 29th Cong. 1st Sess. 723, 724, 725; Same, 2d Sess. 136; Cong. Globe, XVII. 115, 187, 400, 401; Same, XVIII. 653; Same, XX. 110; Same, XXI. 1678. 2 Cong. Globe, X. 83. 3 J. of H. 31st Cong. 1st Sess. 190; Cong. Globe, X. 349, 350; Same, XI. 1. 4 Ante, 475. 9 7 6 8 3 bers returned to fill vacancies;1 questions affecting the right of members to their seats, whether existing in the shape of charges contained in a petition;2 or in resolutions reported by the committee on elections, or otherwise, and pending in the house; questions relating to the character or conduct of members, as, for example, resolutions to censure or expel a member; 4 the right of a member to defend himself against the charge in a petition lying on the table; 5 the report of a select committee for investigating certain charges against a member; a complaint of one member against another for a supposed insult in the house, for words used by the former, in debate; and in considering and returning the letter of a public officer containing injurious reflections upon a member for words used by him in debate; questions relating to the conduct of persons in the employment of the house, as, for example, a resolution to dismiss one of its printers for charging a member with falsehood; or to expel a reporter from the house for giving a false and scandalous account of a debate; 10 questions relating to the general or aggregate privileges of the house, as, for example, the remonstrance of a foreign diplomatic agent, to one of the heads of departments on the passing of a certain bill of congress; 11 a common report that members had been threatened by a mob; a resolution for correcting the journal when it is not made up according to the facts; ;13 and the correction relates to some matter then pending before the house; 14 a false account in a public newspaper, of what took place in the house on a certain occasion; 15 a report, lying on the table, concerning a personal conflict between two members; 16 whether the journal of the house has been printed by its direction, according to the requisitions of the constitution; 17 the report of a committee charging a witness before them with contumacy; 18 questions relating to an impeachment; 19 and to the report of a committee appointed to investigate the conduct of the secretary of the treasury in reference to a certain matter.20 12 1504. On the other hand, it has been decided by the same 1 Gong. Globe, VI. 416; Same, XI. 1; Same, XVII. 339. 2 Cong. Globe, VIII. 119. * J. of H. 31st Cong. 2d Sess. 119; Cong. Globe, VIII. 517, 551; Same, XVII. 187, 527; Same, XXI. 1678. 4 Cong. Globe, XI. 168. 5 Cong. Globe, XI. 161, 162. • Cong. Globe, XXI. 1789. 7 Cong. Globe, XIII. 277. 8 Cong. Globe, XII. 101; Same, 102 9 J. of H. 29th Cong. 1st Sess. 223, 224; Cong. Globe, XV. 178. 10 J. of H. 29th Cong. 2d Sess. 320. 11 J. of H. 27th Cong. 1st Sess. 320. 12 J. of H. 30th Cong. 1st Sess. 712; Cong. Globe, XVIII. 653. 13 J. of H. 31st Cong. 1st Sess. 1266. 14 J. of H. 32d Cong. 1st Sess. 146. 15 Cong. Globe, XIII. 194. 16 Cong. Globe, XIII. 577, 578. 17 Cong. Globe, XV. 32. 18 Cong. Globe, XX. 242. 19 J. of H. 27th Cong. 3d Sess. 159; Cong. Globe, XII. 144, 145. 20 Cong. Globe, XXI. 1019. |