Графични страници
PDF файл
ePub
[ocr errors][ocr errors][ocr errors]

voting against the previous question, com- includes the greater, as in questions on the mitment, or amendment.

limitation of the rate of interest, on what Suppose a commitment moved of a mo- day the session shall be closed by adjourntion for the previous question, or to post- ment, on what day the next shall compone or amend. The first, second, and mence, when an act shall commence, or third reasons, before stated, all hold good the terminus a quo in any other case where against this.

the question must begin a minimo; the obSuppose an amendment moved to a mo-ject being not to begin at that extreme tion for the previous question. Answer: which, and more, being within every The previous question cannot be amended. man's wish, no one could negative it, and Parliamentary usage, as well as the ninth yet, if he should vote in the affirmative, rule of the Senate, has fixed its form to be, every question for more would be preclud“Shall the main question be now put?”. ed; but at that extreme which would unite i. e., at this instant; and as the present in- few, and then to advance or recede till you stant is but one, it can admit of no modifi- get to a number which will unite a bare cation. To change it to to-morrow, or any majority. 3 Grey, 376, 384, 385. “The other moment, is without example and fair question in this case is not that to without utility. But suppose a motion to which, and more, all will agree, but whether amend a motion for postponement, as to there shall be addition to the question.” 1 one day instead of another, or to a special Grey, 365. instead of an indefinite time. The useful Another exception to the rule of priorcharacter of amendment gives it a privi- ity is when a motion has been made to lege of attaching itself to a secondary and strike out, or agree to, & paragraph. Moprivileged motion: that is, we may amend tions to amend it are to be put to the quesa postponement of a main question. So, tion before a vote is taken on striking out we may amend a commitment of a main or agreeing to the whole paragraph. question, as by adding, for example, " with But there are several questions which, instructions to inquire,'' &c. In like man- being incidental to every one, will take ner, if an amendment be moved to an place of every one, privileged or not; to amendment, it is admitted ; but it would wit, a question of order arising out of any not be admitted in another degree, to wit, other question must be decided before that to amend an amendment to an amendment question. 2 Hats., 88. of a main question. This would lead to A matter of privilege arising out of any too much embarrassment. The line must question, or from a quarrel between two be drawn somewhere, and usage has drawn members, or any other cause, supersedes it after the amendment to the amendment. the consideration of the original question, The same result must be sought by decid- and must be first disposed of. 2 Hats., 88. ing against the amendment to the amend Reading papers relative to the question ment, and then moving it again as it was before the House. This question must be wished to be amended. In this form it be- put before the principal one. 2 Hats. 88. comes only an amendment to an amend Leave asked to withdraw a motion. The ment.

rule of Parliament being that a motion (When motions are made for reference made and seconded is in the possession of of the same subject to a select committee the House, and cannot be withdrawn withand to a standing committee, the question out leave, the very terms of the rule imon reference to the standing committee ply that leave may be given, and, conseshall be first put. Rule 48.]

quently, may be asked and put to the [In filling a blank with a sum, the largest question. sum shall be first put to the question, by the thirteenth rule of the Senate,*] con

SEC, XXXIV.--THE PREVIOUS QUESTION. trary to the rule of Parliament, which pri When any question is before the House, vileges the smallest sum and longest time. any member may move a previous ques5 Grey, 179; 2 Hats., 8, 83 ; 3 Hats., 132, tion, “Whether that question (called the 133.] And this is considered to be not in main question) shall now be put?" If it the form of an amendment to the question, pass in the affirmative, then the main but as alternative or successive originals. question is to be put immediately, and no In all cases of time or number, we must man may speak anything further to it

, consider whether the larger comprehends either to add alter. Memor, in the lesser, as in a question to what day a Hakew., 28; 4 Grey, 27. postponement shall be, the number of a The previous question being moved and committee, amount of a fine, term of an seconded, the question from the Chair imprisonment, term of irredeemability of shall be, "Shall the main question be now a loan, or the terminus in quem in any put ?" and if the nays prevail

, the main other case; then the question must be question shall not then be put. gin a maximo.

Or whether the lesser This kind of question is understood by *In filling up blanks, the largest sum and longest

Mr, Hatsell to have been introduced in time shall be first put.

1604. 2 Hats., 80. Sir Henry Vane in

[ocr errors][ocr errors][merged small][ocr errors][ocr errors]

or

Rule 32.

[ocr errors]

troduced it. 2 Grey, 113, 114; 3 Grey, 384. or may not be made, to be, that the preWhen the question was put in this form, vious question has been proposed from the "Shall the main question be put?” a de- Chair.But, as the rule is that the House termination in the negative suppressed the is in possession of a question as soon as it main question during the session; but is moved and seconded, it cannot be more since the words "now put " are used, they than possessed of it by its being also proexclude it for the present only; formerly, posed from the Chair. It may be said, inindeed, only till the present debate was deed, that the object of the previous quesover, 4 Grey, 43, but now for that day and tion being to get rid of a question, which no longer. 2 Grey, 113, 114.

it is not expedient should be discussed, Before the question “Whether the main this object may be defeated by moving to question shall now be put?” any person amend; and in the discussion of that momight formerly have spoken to the main tion, involving the subject of the main question, because otherwise he would be question. But so may the object of the precluded from speaking to it at all. Mem. previous question be defeated, by moving in Hakew., 28.

the amended question, as Mr. Hatsell proThe proper occasion for the previous poses, after the decision against putting question is when a subject is brought for the original question. He acknowledges, ward of a delicate nature as to high per- too, that the practice has been to admit sonages, &c., or the discussion of which previous amendments, and only cites a may call forth observations which might few late instances to the contrary. On the be of injurious consequences

. Then the whole, I should think it best to decide it previous question is proposed; and in the ab inconvenienti, to wit: Which is most modern usage, the discussion of the main inconvenient, to put it in the power of one question is suspended, and the debate con- side of the House to defeat a proposition fined to the previous question. The use of by hastily moving the previous question, it has been extended abusively to other and thus forcing the main question to be cases; but in these it has been an embar- put unamended; or to put it in the power rassing procedure; its uses would be as of the other side to force on, incidentally well answered by other more simple par- at least, a discussion which would be betliamentary forms, and therefore it should ter avoided ? Perhaps the last is the least not be favored, but restricted within as inconvenience; inasmuch as the Speaker, narrow limits as possible.

by confining the discussion rigorously to Whether a main question may be the amendment only, may prevent their amended after the previous question on it going into the main question; and inashas been moved and seconded? 2 Hats., much also as so great a proportion of the 88, says, if the previous question has been cases in which the previous question is moved and seconded, and also proposed called for, are fair and proper subjects of from the Chair, (by which he means public discussion, and ought not to be obstated by the Speaker for debate,) it has structed by a formality introduced for been doubted whether an amendment can be questions of a peculiar character, admitted to the main question. He thinks it may, after the previous question moved

SEC. XXXV.-AMENDMENTS. and seconded; but not after it has been pro On an amendment being moved, a memposed from the Chair. In this case, he ber who has spoken to the main question thinks the friends to the amendment must may speak again to the amendment. vote that the main question be not now Scob., 23. put; and then move their amended' ques If an amendment be proposed incontion, which being made new by the amend- sistent with one already agreed to, it is a ment, is no longer the same which has fit ground for its rejection by the House, been just suppressed, and therefore may be but not within the competence of the proposed as a new one. But this proceed- Speaker to suppress as if it were against ing certainly endangers the main question, order. For were he permitted to draw by dividing its friends, some of whom may questions of consistence within the vortex chose it unamended, rather than lose it of order, he might usurp a negative on altogether; while others of them may vote, important modifications, and suppress, inas Hatsell advises, that the main question stead of subserving, the legislative will. be not now put, with a view to move it Amendments may be made so as totally again in an amended form. The enemies to alter the nature of the proposition ; and of the main question, by this maneuver to it is a way of getting rid of a proposition, the previous question, get the enemies to by making it bear a sense different from the amendment added to them on the what it was intended by the movers, so first vote, and throw the friends of the that they vote against it themselves. 2 main question under the embarrassment of Hats., 79; 4, 82, 84. A new bill may be rallying again as they can. To support ingrafted, by way of amendment, on the this opinion, too, he makes the deciding words“ Be it enacted,” &c. 1 Grey, 190. circumstance, whether an amendment may 192.

[ocr errors]
[ocr errors][merged small][ocr errors][ocr errors]

voting against the previous question, com- | includes the greater, as in questions on the mitment, or amendment.

limitation of the rate of interest, on what Suppose a commitment moved of a mo- day the session shall be closed by adjourntion for the previous question, or to post- ment, on what day the next shall compone or amend. The first, second, and mence, when an act shall commence, or third reasons, before stated, all hold good the terminus a quo in any other case where against this.

the question must begin a minimo; the obSuppose an amendment moved to a mo- ject being not to begin at that extreme tion for the previous question. Answer: which, and more, being within every The previous question cannot be amended. man's wish, no one could negative it, and Parliamentary usage, as well as the ninth yet, if he should vote in the affirmative

, rule of the Senate, has fixed its form to be, every question for more would be preclud"Shall the main question be now put?” ed; but at that extreme which would unite i. e., at this instant; and as the present in- few, and then to advance or recede till you stant is but one, it can admit of no modifi- get to a number which will unite a bare cation. To change it to to-morrow, or any majority. 3 Grey, 376, 384, 385. “The other moment, is without example and fair question in this case is not that to without utility. But suppose a motion to which, and more, all will agree, but whether amend a motion for postponement, as to there shall be addition to the question.” 1 one day instead of another, or to a special Grey, 365. instead of an indefinite time. The useful Another exception to the rule of priorcharacter of amendment gives it a privi- ity is when a motion has been made to lege of attaching itself to a secondary and strike out, or agree to, a paragraph. Moprivileged motion : that is, we may amend tions to amend it are to be put to the quesà postponement of a main question. So, tion before a vote is taken on striking out we may amend a commitment of a main or agreeing to the whole paragraph. question, as by adding, for example, " with But there are several questions which, instructions to inquire," &c. In like man- being incidental to every one, will take ner, if an amendment be moved to an place of every one, privileged or not; to amendment, it is admitted ; but it would wit, a question of order arising out of any not be admitted in another degree, to wit, other question must be decided before that to amend an amendment to an amendment question. 2 Hats., 88. of a main question. This would lead to A matter of privilege arising out of any too much embarrassment. The line must question, or from a quarrel between two be drawn somewhere, and usage has drawn members, or any other cause, supersedes it after the amendment to the amendment. the consideration of the original question, The same result must be sought by decid- and must be first disposed of. 2 Hats., 88. ing against the amendment to the amend Reading papers relative to the question ment, and then moving it again as it was before the House. This question must be wished to be amended. In this form it be- put before the principal one. 2 Hats. 88. comes only an amendment to an amend Leave asked to withdraw a motion. The ment.

rule of Parliament being that a motion [When motions are made for referer made and seconded is in the possession of of the same subject to a select committee the House, and cannot be withdrawn withand to a standing committee, the question out leave, the very terms of the rule imon reference to the standing committee ply that leave may be given, and, conseshall be first put. Rule 18.]

quently, may be asked and put to the [In filling a blank with a sum, the largest question. sum shall be first put to the question, by the thirteenth rule of the Senate,*] con

SEC. XXXIV.--THE PREVIOUS QUESTION. trary to the rule of Parliament, which pri When any question is before the House, vileges the smallest sum and longest time. any member may move a previous ques5 Grey, 179; 2 Hats., 8, 83; 3 Hats., 132, tion, “Whether that question (called the 133.] And this is considered to be not in main question) shall now be put?" If it the form of an amendment to the question, pass in the affirmative, then the main but as alternative or successive originals. question is to be put immediately, and no In all cases of time or number, we must man may speak anything further to it

, consider whether the larger comprehends either to add alter. Memor, in the lesser, as in a question to what day a Hakew., 28; 4 Grey, 27. postponement shall be, the number of a The previous question being moved and committee, amount of a fine, term of an seconded, the question from the Chair imprisonment, term of irredeemability of shall be, "Shall the main question be now a loan, or the terminus in quem in any put?" and if the nays prevail

, the main other case; then the question must be- question shall not then be put. gin a maximo.

Or whether the lesser This kind of question is understood by * In filling op blanks, the largest sum and longest | 1604. 2 Hats., 80. Sir Henry Vane in

Mr. Hatsell to have been introduced in

[ocr errors][ocr errors][ocr errors]

or

time shall be first put.

troduced it. 2 Grey, 113, 114; 3 Grey, 384. or may not be made, to be, that the preWhen the question was put in this form, vious question has been proposed from the "Shall the main question be put?” a de- Chair. But, as the rule is that the House termination in the negative suppressed the is in possession of a question as soon as it main question during the session ; but is moved and seconded, it cannot be more since the words “now put” are used, they than possessed of it by its being also proexclude it for the present only; formerly, posed from the Chair. It may be said, inindeed, only till the present debate was deed, that the object of the previous quesover, 4 Grey, 43, but now for that day and tion being to get rid of a question, which no longer. 2 Grey, 113, 114.

it is not expedient should be discussed, Before the question “Whether the main this object may be defeated by moving to question shall now be put?” any person amend; and in the discussion of that momight formerly have spoken to the main tion, involving the subject of the main question, because otherwise he would be question. But so may the object of the precluded from speaking to it at all. Mem. previous question be defeated, by moving in Hakew., 28.

the amended question, as Mr. Hatsell proThe proper occasion for the previous poses, after the decision against putting question is when a subject is brought for the original question. He acknowledges, ward of a delicate nature as to high per- too, that the practice has been to admit sonages, &c., or the discussion of which previous amendments, and only cites a may call forth observations which might few late instances to the contrary. On the be of injurious consequences. Then the whole, I should think it best to decide it previous question is proposed; and in the ab inconvenienti, to wit: Which is most modern usage, the discussion of the main inconvenient, to put it in the power of one question is suspended, and the debate con- side of the House to defeat a proposition fined to the previous question. The use of by hastily moving the previous question, it has been extended abusively to other and thus forcing the main question to be cases; but in these it has been an embar- put unamended; or to put it in the power rassing procedure; its uses would be as of the other side to force on, incidentally, well answered by other more simple par- at least, a discussion which would be betliamentary forms, and therefore it should ter avoided ? Perhaps the last is the least not be favored, but restricted within as inconvenience; inasmuch as the Speaker, narrow limits as possible.

by confining the discussion rigorously to Whether a main question may be the amendment only, may prevent their amended after the previous question on it going into the main question; and inashas been moved and seconded? 2 Hats., much also as so great a proportion of the 88, says, if the previous question has been cases in which the previous question is moved and seconded, and also proposed called for, are fair and proper subjects of from the Chair, (by which he means public discussion, and ought not to be obstated by the Speaker for debate,) it has structed by a formality introduced for been doubted whether an amendment can be questions of a peculiar character. admitted to the main question. He thinks it may, after the previous question moved

SEC. XXXV.--AMENDMENTS, and seconded; but not after it has been pro On an amendment being moved, a memposed from the Chair. In this case, he ber who has spoken to the main question thinks the friends to the amendment must may speak again to the amendment. vote that the main question be not now Scob., 23. put; and then move their amended' ques If an amendment be proposed incontion, which being made new by the amend- sistent with one already agreed to, it is a ment, is no longer the same which has fit ground for its rejection by the House, been just suppressed, and therefore may be but not within the competence of the proposed as a new one. But this proceed- Speaker to suppress as if it were against ing certainly endangers the main question, order. For were he permitted to draw by dividing its friends, some of whom may questions of consistence within the vortex chose it unamended, rather than lose it of order, he might usurp a negative on altogether; while others of them may vote, important modifications, and suppress, inas Hatsell advises, that the main question stead of subserving, the legislative will. be not now put, with a view to move it Amendments may be made so as totally again in an amended form. The enemies to alter the nature of the proposition ; and of the main question, by this maneuver to it is a way of getting rid of a proposition, the previous question, get the enemies to by making it bear a sense different from the amendment added to them on the what it was intended by the movers, so first vote, and throw the friends of the that they vote against it themselves. 2 main question under the embarrassment of Hats., 79; 4, 82, 84. A new bill may be rallying again as they can. To support ingrafted, by way of amendment, on the this opinion, too, he makes the deciding words“ Be it enacted,” &c. 1 Grey, 190, circumstance, whether an amendment may 192.

[ocr errors]

voting against the previous question, com- | includes the greater, as in questions on the mitment, or amendment.

limitation of the rate of interest, on what Suppose a commitment moved of a mo- day the session shall be closed by adjourntion for the previous question, or to post- ment, on what day the next shall compone or amend. The first, second, and mence, when an act shall commence, or third reasons, before stated, all hold good the terminus a quo in any other case where against this.

the question must begin a minimo; the obSuppose an amendment moved to a mo-ject being not to begin at that extreme tion for the previous question. Answer: which, and more, being within every The previous question cannot be amended. man's wish, no one could negative it, and Parliamentary usage, as well as the ninth yet, if he should vote in the affirmative, rule of the Senate, has fixed its form to be, every question for more would be preclud“Shall the main question be now put?” ed; but at that extreme which would unite i. e., at this instant; and as the present in- few, and then to advance or recede till you stant is but one, it can admit of ‘no modifi- get to a number which will unite a bare cation. To change it to to-morrow, or any majority. 3 Grey, 376, 384, 385. “The other moment, is without example and fair question in this case is not that to without utility. But suppose a motion to which, and more, all will agree, but whether amend a motion for postponement, as to there shall be addition to the question.” 1 one day instead of another, or to a special Grey, 365. instead of an indefinite time. The useful Another exception to the rule of priorcharacter of amendment gives it a privi- ity is when a motion has been made to lege of attaching itself to a secondary and strike out, or agree to, a paragraph. Moprivileged motion: that is, we may amend tions to amend it are to be put to the quesa postponement of a main question. So, tion before a vote is taken on striking out we may amend a commitment of a main or agreeing to the whole paragraph. question, as by adding, for example, " with But there are several questions which, instructions to inquire,” &c. In like man- being incidental to every one, will take ner, if an amendment be moved to an place of every one, privileged or not; to amendment, it is admitted ; but it would wit, a question of order arising out of any not be admitted in another degree, to wit, other question must be decided before that to amend an amendment to an amendment question. 2 Hats., 88. of a main question. This would lead to A matter of privilege arising out of any too much embarrassment. The line must question, or from a quarrel between two be drawn somewhere, and usage has drawn members, or any other cause, supersedes it after the amendment to the amendment. the consideration of the original question, The same result must be sought by decid- and must be first disposed of. 2 Hats., 88. ing against the amendment to the amend Reading papers relative to the question ment, and then moving it again as it was before the House. This question must be wished to be amended. In this form it be- put before the principal one. 2 Hats. 88. comes only an amendment to an amend Leave asked to withdraw a motion. The ment.

rule of Parliament being that a motion (When motions are made for reference made and seconded is in the possession of of the same subject to a select committee the House, and cannot be withdrawn withand to a standing committee, the question out leave, the very terms of the rule imon reference to the standing committee ply that leave may be given, and, conseshall be first put. Rule 48.]

quently, may be asked and put to the [In filling a blank with a sum, the largest question. sum shall be first put to the question, by the thirteenth rule of the Senate,*] con

SEC. XXXIV.-THE PREVIOUS QUESTION. trary to the rule of Parliament, which pri When any question is before the House, vileges the smallest sum and longest time. any member may move a previous ques5 Grey, 179; 2 Hats., 8, 83 ; 3 Hats., 132, tion,“Whether that question (called the 133.]” And this is considered to be not in main question) shall now be put?” If it the form of an amendment to the question, pass in the affirmative, then the main but as alternative or successive originals. question is to be put immediately, and no In all cases of time or number, we must man may speak anything further to it, consider whether the larger comprehends either to add alter. Memor. in the lesser, as in a question to what day a Hakew., 28; 4 Grey, 27. postponement shall be, the number of a The previous question being moved and committee, amount of a fine, term of an seconded, the question from the Chair imprisonment, term of irredeemability of shall be, "Shall the main question be now a loan, or the terminus in quem in any put?!' and if the pays prevail, the main other case; then the question must be- question shall not then be put. gin a maximo. Or whether the lesser This kind of question is understood by * In filling up blanks, the largest sum and longest 1604. 2 Hats., 80. Sir Henry Vane in

Mr. Hatsell to have been introduced in time shall be first put. Kule 32.

or

« ПредишнаНапред »