LAW AND PRACTICE OF LEGISLATIVE ASSEMBLIES. PART SIXTH. OF THE FORMS AND METHODS OF PROCEEDING IN A LEGISLATIVE ASSEMBLY. SECOND DIVISION. ORDER IN DEBATE. 1530. THE rules for the conduct of debate, which constitute the subject of this division of the sixth part, divide themselves into two branches, namely: first, those which are to be observed by members addressing the house; and, second, those which regard the behavior of members who do not engage in the debate. The latter branch is of comparatively small extent. The former, under which alone the subject of order in debate is usually comprehended, embraces three general inquiries, namely: first, what constitutes a debate ; second, when and under what circumstances a member may address the house; third, what may or may not be said by a member, or introduced by him into his remarks, in addressing the house. The 1 May, 248. first inquiry relates, also, to the members who are to speak, and, to the personal deportment of members in speaking. The second is embraced under the three rules, that a member can speak only to a question; not more than once; and not after the question is put to the house. The rules, which form the subject of the third inquiry relate to the topics to be introduced; to the sources from which a member speaking is to derive the matter of his remarks; the preservation of order and decorum among the members; the preservation of harmony among the several branches; regularity of proceeding; to the respect due from the members to the assembly; and to the respect due to existing laws and institutions. The necessity of enforcing these rules leads naturally to the inquiry as to the proceedings with reference to disorderly or unparliamentary language. 1531. The foregoing analysis suggests the propriety of considering the several subjects which fall into this division under the following heads, which will each form the matter of a distinct chapter, namely:- I. What constitutes a debate, and herein of the members who are to speak, and of their personal deportment while speaking; II. Of the rule that no member is to speak, unless to a question already pending, or to introduce a question; III. Of the rule that no member is to speak more than once to the same question; IV. Of the rule that a question is open for debate until it is fully put on both sides; V. Of the rules relating to relevancy in debate; VI. Of the rules relating to the sources from which the statements, introduced by a member in debate, are derived; VII. Of the rules relating to the preservation of order, decency, and harmony among the members; VIII. Of the rules relating to the preservation of the harmony and independence of the several branches of the legislature; IX. Of the rules relating to regularity of proceeding; X. Of the rules relating to the respect due from the members to the house to which they belong, to its powers, acts, and proceedings, and to the government and laws of the country; XI. Of proceedings with reference to disorderly or unparliamentary words, or irregularity in debate; XII. Rules for the conduct of members present in the house during a debate. CHAPTER FIRST. WHAT CONSTITUTES A DEBATE, AND HEREIN OF THE MEMBERS 1532. When a motion is regularly made and seconded, and proposed1 as a question from the chair, "every member is then at liberty to debate with freedom upon it, and to agree or disagree to it, as he may think reasonable" and proper.2 But, though the latter part of this principle is universally true, as every member may agree or disagree to whatever question is put to the house; the former admits of an exception in regard to those questions, which require unanimous consent. Questions of this description, as, for example, on giving leave to withdraw a motion,3 are not properly debatable, at least on the part of the negative; for if any one member objects, the question is as effectually negatived, as if a majority of the members were opposed to it; so that debate on that side would be a mere waste of time. 1533. The term debate, in its strictest sense, is applicable only to what is said on the one side or the other of a question which the house is to decide by a vote. In a broader sense, it embraces every thing which is said in the house by members, whether upon a question pending, or in reference to any other proceeding, matter, or business whatever. The rules of order, by which the speaking of members is regulated, together with the exceptions to those rules, having relation to debate in its broadest signification, the subject of order in debate is now to be considered in the most extended as well as the narrowest sense of the term. 1534. It is not necessary, in order to render words disorderly, that they should be uttered in debate, strictly so called; if used in any parliamentary proceeding, as in making a motion, or answering a question, or stating a fact, or even in reading from a book or paper,1 they are equally subject to the animadversion of the house, as disorderly. All language, not addressed to the house, in a parliamentary course, must be considered as mere noise and disturb ance. 1535. When a member desires to address the house, either in reference to a pending question, or for any other purpose, he must first obtain possession of the floor, in the manner already adverted to, when considering the subject of motions. If one member only rises to speak, he, of course, is to be heard. If two or more rise at about the same time, and claim the attention of the house, the general rule, as to which of them shall speak, assigns the preference to him who was first up, to be determined by the speaker or the house. In the application of this rule, however, there are certain excepted cases in which one member has a right to proceed in preference to others, and certain other excepted cases, in which, by the indulgence of the house, though not as a matter of right, it is customary to assign the preference on other grounds. The excepted cases of the first kind occur, when the subject, to which a member rises to speak, is one of paramount importance, as a matter of privilege, or a question of order; in which cases, he is entitled to be heard in preference to other members. These cases must not be confounded with those where a member merely rises to propose a motion which takes precedence of the motion originally made, in which case he is not entitled of course to preference over other members. The excepted cases of the latter kind are those of, 1st, the original mover of a proposition, on its being first debated; 2d, a new member on his first rising to address the house; and, 3d, on resuming an adjourned debate, the member who last rose to speak when the debate was adjourned. These classes of cases, though established with peculiar reference to the practice of the two houses of the British parliament, embrace substantially the grounds upon which preferences are usually allowed in awarding the floor in our legislative assemblies, and will constitute the matter of the first section of this chapter, which will be concluded with a second sec 1 Hans. (3), XVI. 217. See also Reg. of Deb. IV. Part I. 1420. |