Thomas Jefferson: A Manual of Parliamentary Practice

More documents

Recommendations

Info

Thomas Jefferson: A Manual of Parliamentary Practice A question of order may be adjourned to give time to look into precedents. 2 Hats. 118. In the Senate of the United States, every question of order is to be decided by the President, without debate: but if there be a doubt in his mind, he may call for the sense of the Senate. Rule 16. In Parliament, all decisions of the Speaker may be controuled by the House. 3 Grey 319. SEC. XVIII. ORDERS OF THE HOUSE. OF right, the door of the House ought not to be shut, but to be kept by porters, or serjeants at arms, assigned for that purpose. Mod. Ten. Parl. 23. By the rules of the Senate, on motion made and seconded, to shut the doors of the Senate on the discussion of any business which may in the opinion of a member require secrecy, the President shall direct the gallery to be cleared, and during the discussion of such motion, the doors shall remain shut. Rule 28. No motion shall be deemed in order, to admit any person or persons whatever, within the doors of the Senate Chamber, to present any petition, memorial, or address, or to hear any such read. Rule 29. 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 on it. Thus any member has a right to have the House or gallery cleared of strangers, 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 in binding, see Hakew. 392. But where an order is made that any particular matter be taken up on a particular day, there a question is to be put when it is called for, 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, (which in Senate is at noon.) 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. http://www.constitution.org/tj/tj-mpp.htm (24 of 70) [4/14/2008 6:37:46 PM]
Thomas Jefferson: A Manual of Parliamentary Practice 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. Jacobs L. D. by Ruffhead. Parliament, 1 Lev. 165. Prichard''s case. Where the constitution authorises each House to determine the rules of its proceedings, it must mean in those cases legislative, executive or judiciary, submitted to them by the constitution, or in something relating to these, and necessary towards their execution. But orders and resolutions are sometimes entered in the journals, having no relation to these, such as acceptances of invitations to attend orations, to take part in processions, ^c. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are therefore, perhaps, improperly placed among the records of the House. SEC. XIX. PETITIONS. A PETITION prays something. A remonstrace has no prayer. 1 Grey 58. Petitions must be subscribed by the petitioners, Scob. 87. L. Parl. c. 22. 9 Grey 362. unless they are attending, 1 Grey 401. or unable to sign, and averred by a member. 3 Grey 418. But a petition not subscribed, but which the member presenting it affirmed to be all in the hand writing of the petitioner, and his name written in the beginning, was on the question (Mar. 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. Before any petition or memorial addressed to the Senate, shall be received and read at the table, whether the same shall be introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer. Rule 21. Regularly a motion for receiving it must be made and seconded, and a question put whether it shall be received But a cry from the House of "received," or even its silence, dispenses with the formality of this question. It is then to be read at the table and disposed of. SEC. XX. MOTIONS. WHEN a motion has been made, it is not to be put to the question or debated until it is http://www.constitution.org/tj/tj-mpp.htm (25 of 70) [4/14/2008 6:37:46 PM]
Page 1 and 2: Thomas Jefferson: A Manual of Parli
Page 23: Thomas Jefferson: A Manual of Parli

Thomas Jefferson: A Manual of Parliamentary Practice

Create successful ePaper yourself

Delete template?

Save as template?