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SECTION XII. .
ORDER RESPECTING PAPERS.
Rule 42.) THE Clerk is to let no journals, records, accounts, or papers be taken Sen. page from the table, or out of his custody. - [2 Hats. 193, 194. ] 134
Mr. Prynne having, at a Committee of the Whole, amended a mistake in a bill without order or knowledge of the Committee, was reprimanded. [1 Chand. 77. 7
A bill being missing, the House resolved that a protestation should be made and subscribed by the members before Almighty God and this honourable House, that neither myself nor any other to my knowledge, have taken away, or do at this present conceal a bill entitled,' &c. [5 Grey, 202.]
After a bill is engrossed, it is put into the Speaker's hands, and he is not to let any one have it to look into. [ Town. col. 209. ]
WHEN the Speaker is seated in his chair, every member is to sit in his place. [Scob. 6. 3 Grey, 403.)
When any member means to speak, he is to stand up in his place, Rule, 31, Ho. Reps.
| uncovered, and to address himself, not to the House, or any particular page 76. member, but to the Speaker, who calls him by his name, that the
House may take notice who it is that speaks. Scob. 6. D’Ewes, 487. Col. 1. 2 Hats. 77. 4 Grey, 66. 8 Grey, 108. ] But members who are indisposed may be indulged to speak sitting. [2 Hats. 75, 77.
1 Grey, 195.] Re: 3, Sen. 1
When a member stands up to speak, no question is to be put, but he p. 225.
is to be heard, unless the House overrule him. [4 Grey, 390,
5 Grey, 6, 143. ] Rule 33, If two or more rise to speak nearly together the Speaker determines Ho. Repse who was first up, and calls him by name, whereupon he proceeds, un
less he voluntarily sits down and gives way to the other. But some
times the House does not acquiesce in the Speaker's decision, in which Re.5, Sen. case the question is put, 'which member was first up?: [2 Hats. 76.
Scob. 7. D'Ewes, 434. Col. 1, 2. ] Re. 34, &}} No man may speak more than once to the same bill on the same day; 37, H, Rep. or even on another day if the debate be adjourned. But if it be read pp. 76, 77.
more than once in the same day, he may speak once at every reading. Re. 4 Sen.
Co. 12, 116. Hakew. 148. Scob. 58. 2 Hats. 75. 1 Even a change
But he may be permitted to speak again to clear a matter of fact.
No one is to speak impertinently, or beside the question, superfluously or tediously. [Scob. 31, 33. 2 Hats. 166, 168. Hale Parl. Rule 6, 133.]
Sen. p. 125. No person is to use indecent language against the proceedings of the || House, no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it. [ 2 Hats. 169, 170. Rushw. p. 3, v. 1, fol. 42.] But while a proposition is under consideration, is still in fieri, * though it has even been reported by a Committee, reflections on it are no reflections on the House. [9 Grey, 508. 1
No person in speaking, is to mention a member then present by his name; but to describe him by his seat in the House, or who spoke last, or on the other side of the question, &c. [ Mem. in Hakew. 3 Smyth's Comw. L. 2, c. 3, 7 nor to digress from the matter to fall upon the person, [ Scob. 31. Hale Parl. 133. 2 Hats. 166, ] by speaking, reviling, nipping, or unmannerly words against a particular member. [Smyth's Comw. L. 2, c. 3. ] The consequences of a measure may be reprobated in strong terms; but to arraign the motives of those who propose or advocate it, is a personality, and against order. Qui digreditur a materia ad personam.f Mr. Speaker ought to suppress. [ Ord. Com. 1604, April 19.3
No one is to disturb another in his speech by hissing, coughing, spitting, [ 6 Grey, 332. Scob. 8. Dewes, 332, col. 1. 640, col. 2, 7 speaking or whispering to another, [ Scob. 6. D’Ewes, 487, col. 1. ) nor to stand up or interrupt him, I Town. col. 205. Mem. in Hakew. | 31, ] nor to pass between the Speaker and the speaking member, nor to go across the House, [ Scob. 6, ] or to walk up and down it, or to take books or papers from the table, or write there. [2 Hats. 171. )
Nevertheless, if a member finds that it is not the inclination of the | House to hear him, and that by conversation, or any other noise, they endeavor to drown his voice, it is bis most prudent way to submit to the pleasure of the House, and sit down; for it scarcely ever happens that they are guilty of this piece of ill-manners without sufficient reason, or inattentive to a member who says any thing worth their hearing. [2 Hats. 77, 78. 1
+ Those who depart from the subject to personality.
If repeated calls do not produce order, the Speaker may call by his || name any member obstinately persisting in irregularity, whereupon the House may require the member to withdraw. He is then to be heard in exculpation, and to withdraw. Then the Speaker states the offence committed, and the House considers the degree of punishment they will inflict. [2 Hats. 167, 7, 8, 172. ]
For instances of assaults and affrays in the House of Commons, and the proceedings thereon, see 1 Pet. Misc. 82. 3 Grey, 128. 4 Grey, 328. 5 Grey, 382. 6 Grey, 254. 10 Grey, 8. Whenever warm words, or an assault, have passed between members, the House, for the protection of their members, requires them to declare in their places not to prosecute any quarrel, [ 3 Grey, 128, 293. 5 Grey, 289, ) or orders them to attend the Speaker, who is to accommodate their differences, and report to the House, [ 3 Grey, 419, ) and they are put under
restraint if they refuse, or until they do. [9 Grey, 234, 312.] Re. 35 & Disorderly words are not to be noticed till the member has finished 36, House his speech. [5 Grey, 356. 6 Grey, 60. ] Then the person objecting Reps. page to
to them, and desiring them to be taken down by the Clerk at the table, 77.
must repeat them. The Speaker then may direct the Clerk to take || them down in his minutes. But if he thinks them not disorderly, he
delays the direction. If the call becomes pretty general, he orders the Rule 7. || Clerk to take them down, as stated by the objecting member. They are Sen. page then part of his minutes, and when read to the offending member, he 126.
may deny they were his words, and the House must then decide by a question whether they are his words or not. Then the member may justify them, or explain the sense in which he used them, or apologize. If the House is satisfied, no further proceeding is necessary. But if two members still insist to take the sense of the House, the member must withdraw before that question is stated, and then the sense of the House is to be taken. [2 Hats. 199. 4 Grey, 170. 6 Grey, 59. ] When any member has spoken, or other business intervened, after offensive words spoken, they cannot be taken notice of for censure. And this is for the common security of all, and to prevent mistakes which must happen if words are not taken down immediately. Formerly they might be taken down any time the same day. [2 Hats. 196. Mem. in Hakew. 71. 3 Grey, 48. 9 Grey, 514.1
Disorderly words spoken in a Committee must be written down as in the House; but the Committee can only report them to the House for animadversion. [6 Grey, 46. ]
In Parliament to speak irreverently or seditiously against the king is against order. [Smyth's Comw. L. 2, c. 3. 2 Hats. 170. ]
It is a breach of order in debate to notice what has been said on the same subject in the other House, or the particular votes or majorities on it there: because the opinion of each house should be left to its own
independency, not to be influenced by the proceedings of the other; and Joint Re.
the quoting them might beget reflections leading to a misunderstanding 5, p. 108. between the two houses. 18 Grey, 22.1
Neither House can exercise any authority over a member or officer of the other, but should complain to the House of which he is, and leave the punishment to them. Where the complaint is of words disrespectfully spoken by a member of another House, it is difficult to obtain punishment, because of the rules supposed necessary to be observed (as to the immediate noting down of words) for the security of members. Therefore, it is the duty of the House and more particu
| larly of the Speaker to interfere immediately, and not to permit expres-
Rule 40, question, he is to withdraw. And where such an interest has appeared, H. Repres. his voice has been disallowed, even after a division. In a case so contrary, p. 78. not only to the laws of decency, but to the fundamental principle of the social compact, which denies to any man to be a judge in his own cause, it is for the honor of the House that this rule, of immemorial obseryance, should be strictly adhered to. [2 Hats. 119, 121.6 Grey, 368. ] No member is to come into the House with his head coķered, nor
Rule 39, remove from one place to another with his hat on, nor put on his | Ho. Reps. hat in coming in, or removing until he be set down in his place. I p. 78. [Scob. 6.)
A question of order may be adjourned to give time to look into pre- || Re. 2, H, cedents. [2 Hats. 118. ]
Reps. p. 78. In Parliament, all decisions of the Speaker may be controlled by the | Rule 6, House. [3 Grey, 319. ]
Sen. p. 125.
Of right, the door of the House ought not to be shut, but to be kept || Rule 67, by porters, or serjeants at arms, assigned for that purpose. · [Mod. Ho. Reps. Parl. 23.)
page 85. 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 om it. Thus any |
Il Rule 18, member has a right to have the House or gallery cleared of strangers, Sen. p. 127 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. Rule 27, But where an order is made that any particular matter be taken up H. Repres. on a particular day, there a question is to be put when it is called for, P 71.
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.
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 Ruff head. Parliament, 1 Lev. 165. Prichard's case. ]
A PETITION prays something. A remonstrance has no prayer.
[1 Grey, 58. ] Rule 23|1o Petitions must be subscribed by the petitioners, [Scob. 87. L. Parl. & 24, Ho.
c. 22. 9 Grey, 362, ] unless they are attending, 1 1 Grey, 401, ) or Repres. p. i!
unable to sign, and averred by a member. [3 Grey, 418. ] But a petition not subscribed, but which the members presenting it affirmed to be all in the hand writing 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 of somebody without doors that they know the hand writing 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. ]
Regularly a motion for receiving it must be made and seconded, and Rule 24,
a question put whether it shall be received ? But a cry from the House Sen. page
I of received,' or even its silence, dispenses with the formality of this 128.
question. It is then to be read at the table and disposed of.
* “ Have you the or Court, commanding na Judge' or Court at ipan sheriff, jailor, or
*“ Have you the body." This phrase designates the most emphatic words of a writ issued by a Judge or Court, commanding a person, who has another in custody, or in imprisonment, to have his body before the Judge or Court at a particular time and place, and to state the cause of imprisonment. The person, whether a sheriff, jailor, or other person, is bound to produce the body of the prisoner at the time and place appointed; if the prisoner is illegally detained, the Judge or Court are bound at once to set him at liberty.