A Principal or Main Question or Motion, is a motion made to bring before the assembly, for its consideration, any particular subject. No Principal Motion can be made when any other question is before the assembly. It takes precedence of nothing, and yields to all Privileged, Incidental and Subsidiary Questions [§§ 7, 8, 9].
ntroduction of Business. [§§ 1-5.]
1. All business should be brought before the assembly by a motion of a member, or by the presentation of a communication to the assembly. It is not usual, however, to make a motion to receive the reports of committees [§ 30] or communications to the assembly; and in many other cases in the ordinary routine of business, the formality of a motion is dispensed with; but should any member object, a regular motion becomes necessary.
2. Before a member can make a motion or address the assembly upon any question, it is necessary that he obtain the floor; that is, he must rise and address the presiding officer by his title, thus: "Mr. Chairman" [§ 34], who will then announce the member's name. Where two or more rise at the same time the Chairman must decide who is entitled to the floor, which he does by announcing that member's name. From this decision, however, an appeal [§ 14] can he taken; though if there is any doubt as to who is entitled to the floor, the Chairman can at the first allow the assembly to decide the question by a vote—the one getting the largest vote being entitled to the floor.
The member upon whose motion the subject under discussion was brought before the assembly (or, in case of a committee's report, the one who presented the report) is entitled to be recognized as having the floor (if he has not already had it during that discussion), notwithstanding another member may have first risen and addressed the Chair. If the Chairman rise to speak before the floor has been assigned to any one, it is the duty of a member who may have previously risen to take his seat. [See Decorum in Debate, § 36.]
When a member has obtained the floor, he cannot be cut off from addressing the assembly, nor be interrupted in this speech by a motion to adjourn, or for any purpose, by either the Chairman or any member, except (a) to have entered on the minutes a motion to reconsider [§ 27]; (b) by a call to order [§ 14]; (c) by an objection to the consideration of the question [§ 15]; or (d) by a call for the orders of the day [§ 13].* [See note to § 61.] In such cases the member when he arises and addresses the Chair should state at once for what purpose he rises, as, for instance, that he "rises to a point of order." A call for an adjournment, or for the question, by members in their seats, is not a motion; as no motion can be made, without rising and addressing, the Chair, and being announced by the presiding officer. Such calls for the question are themselves breaches of order, and do not prevent the speaker from going on if he pleases.
3. Before any subject is open to debate [§ 34] it is necessary, first, that a motion he made; second, that it be seconded, (see exceptions below); and third, that it be stated by the presiding officer. When the motion is in writing it shall be handed to the Chairman, and read before it is debated.
This does not prevent suggestions of alterations, before the question is stated by the presiding officer. To the contrary, much time may be saved by such informal remarks; which, however, must never be allowed to run into debate. The member who offers the motion, until it has been stated by the presiding officer, can modify his motion, or even withdraw it entirely; after it is stated he can do neither, without the consent of the assembly. [See §§ 5 and 17]. When the mover modifies his motion, the one who seconded it can withdraw his second.
Exceptions: A call for the order of the day, a question of order (though not an appeal), or an objection to the consideration of a question [§§ 13, 14, 15], does not have to be seconded; and many questions of routine are not seconded or even made; the presiding officer merely announcing that, if no objection is made, such will be considered the action of the assembly.
4. All Principal Motions [§ 6], Amendments and Instructions to Committees, should be in writing, if required by the presiding officer. Although a question is complicated, and capable of being made into several questions, no one member (without there is a special rule allowing it) can insist upon its being divided; his resource is to move that the question be divided, specifying in his motion how it is to be divided. Any one else can move as an amendment to this, to divide it differently.
This Division of a Question is really an amendment [§ 23], and subject to the same rules. Instead of moving a division of the question, the same result can be usually attained by moving some other form of an amendment. When the question is divided, each separate question must be a proper one for the assembly to act upon, even if none of the others were adopted. Thus, a motion to "commit with instructions," is indivisible, because if divided, and the motion to commit should fail, then the other motion to instruct the committee would be improper, as there would be no committee to instruct.* [The 46th Rule of the House of Representatives requires the division of a question on the demand of one member, provided "it comprehends propositions in substance so distinct that one being taken away, a substantive proposition shall remain for the decision of the House." But this does not allow a division so as to have a vote on separate items or names. The 121st Rule expressly provides that on the demand of one-fifth of the members a separate vote shall be taken on such items separately, and others collectively, as shall be specified in the call, in the case of a bill making appropriations for internal improvements. But this right to divide a question into items extends to no case but the one specified. The common parliamentary law allows of no division except when the assembly orders it, and in ordinary assemblies this rule will be found to give less trouble than the Congressional one.]
The motion to "strike out certain words and insert others," is indivisible, as it is strictly one proposition.
5. After a question has been stated by the presiding officer, it is in the possession of the assembly for debate; the mover cannot withdraw or modify it, if any one objects, except by obtaining leave from the assembly [§ 17], or by moving an amendment.
Art. V. Debate and Decorum.
[§§ 34-37.]
34. Debate.* [In connection with this section read §§ 1-5.] When a motion is made and seconded, it shall be stated by the Chairman before being debated [see § 3]. When any member is about to speak in debate, he shall rise and respectfully address himself to "Mr. Chairman." ["Mr. President" is used where that is the designated title of the presiding officer; "Brother Moderator" is more common in religious meetings.] The Chairman shall then announce his name [see § 2]. By parliamentary courtesy, the member upon whose motion a subject is brought before the assembly is first entitled to the floor, even though another member has risen first and addressed the Chair; [in case of a report of a committee, it is the member who presents the report] ; and this member is also entitled to close the debate, but not until every member choosing to speak, has spoken. This right to make the last speech upon the question, is not taken away by the Previous Question [§ 20] being ordered, or in any other way. With this exception, no member shall speak more than twice to the same question (only once to a question of order, § 14), nor longer than ten minutes at one time, without leave of the assembly, and the question upon granting the leave shall be decided by a majority vote without debate.* [The limit in time should vary to suit circumstances, but the limit of two speeches of ten minutes each will usually answer in ordinary assemblies, and it can be increased, when desirable, by a majority vote as shown above, or diminished as shown in § 37. In the U. S. House of Representatives no member can speak more than once to the same question, nor longer than one hour. The fourth rule of the Senate is as follows: "No Senator shall speak more than twice in any one debate on the same day, without leave of the Senate, which question shall be decided without debate." If no rule is adopted, each member can speak but once to the same question.]
If greater freedom is desired, the proper course is to refer the subject to the committee of the whole [§ 32], or to consider it informally [§ 33]. [For limiting or closing the debate, see § 37.] No member can speak the second time to a question, until every member choosing to speak has spoken. But an amendment, or any other motion being offered, makes the real question before the assembly a different one, and, in regard to the right to debate, is treated as a new question. Merely asking a question, or making a suggestion, is not considered as speaking.
35. Undebatable Questions. The following questions shall be decided without debate, all others being debatable [see note at end of this section]:
To Fix the Time to which the Assembly shall Adjourn (when a
privileged question, § 10).
To Adjourn [§ 11], (or in committee, to rise, which is used instead
of to adjourn).
For the Orders of the Day [§ 13], and questions relating to the
priority of business.
An Appeal [§ 14] when made while the Previous Question is pending,
or when simply relating to indecorum or transgressions of the rules of
speaking, or to the priority of business.
Objection to the Consideration of a Question [§ 15].
Questions relating to Reading of Papers [§ 16], or Withdrawing a
Motion [§ 17], or Suspending the Rules [§ 18], or extending the limits
of debate [§ 34], or limiting or closing debate, or granting leave to
continue his speech to one who has been guilty of indecorum in debate
[§ 36].
To Lie on the Table or to Take from the Table [§ 19].
The Previous Question [§ 20].
To Reconsider [§ 26] a question which is itself undebatable.
The motion to Postpone to a certain time [§ 21] allows of but very limited debate, which must be confined to the propriety of the postponement; but to Reconsider a debatable question [§ 26], or to Commit [§ 22], or Indefinitely Postpone [§ 24], opens the main question [§ 6] to debate. To Amend [§ 23] opens the main question to debate only so far as it is necessarily involved in the amendment.
The distinction between debate and making suggestions or asking a question, should always be kept in view, and when the latter will assist the assembly in determining the question, is allowed to a limited extent, even though the question before the assembly is undebatable.
Note On Undebatable Questions.—The English common parliamentary law makes all motions debatable, without there is a rule adopted limiting debate [Cushing's Manual, § 330]; but every assembly is obliged to restrict debate upon certain motions. The restrictions to debate prescribed in this section conform to the practice of Congress, where, however, it is very common to allow of brief remarks upon the most undebatable questions, sometimes five or six members speaking; this of course is allowed only when no one objects.
By examining the above list, it will be found, that, while free debate is allowed upon every principal question [§ 6], it is permitted or prohibited upon other questions in accordance with the following principles:
(a) Highly privileged questions, as a rule, should not be debated, as in that case they could be used to prevent the assembly from coming to a vote on the main question; (for instance, if the motion to adjourn were debatable, it could be used [see § 11] in a way to greatly hinder business). High privilege is, as a rule, incompatible with the right of debate on the privileged question.
(b) A motion that has the effect to suppress a question before the assembly, so that it cannot again be taken up that session [§ 42], allows of free debate. And a subsidiary motion [§ 7, except commit, which see below,] is debatable to just the extent that it interferes with the right of the assembly to take up the original question at its pleasure.
Illustrations: To "Indefinitely Postpone" [§ 24] a question, places it out of the power of the assembly to again take it up during that session, and consequently this motion allows of free debate, even involving the whole merits of the original question.
To "Postpone to a certain time" prevents the assembly taking up the question till the specified time, and therefore allows of limited debate upon the propriety of the postponement.
To "Lie on the Table" leaves the question so that the assembly can at any time consider it, and therefore should not be, and is not debatable.
To "Commit" would not be very debatable, according to this rule, but it is an exception, because it is often important that the committee should know the views of the assembly on the question, and it therefore is not only debatable, but opens to debate the whole question which it is proposed to refer to the committee.
36. Decorum in Debate [see § 2]. In debate a member must confine himself to the question before the assembly, and avoid personalities. He cannot reflect upon any act of the assembly, unless he intends to conclude his remarks with a motion to rescind such action, or else while debating such motion. In referring to another member, he should, as much as possible, avoid using his name, rather referring to him as "the member who spoke last," or in some other way describing him. The officers of the assembly should always be referred to by their official titles. It is not allowable to arraign the motives of a member, but the nature or consequences of a measure may be condemned in strong terms. It is not the man, but the measure, that is the subject of debate. If at any time the Chairman rises to state a point of order, or give information, or otherwise speak, within his privilege [see
§ 40], the member speaking must take his seat till the Chairman has been first heard. When called to order, the member must sit down until the question of order is decided. If his remarks are decided to be improper, he cannot proceed, if any one objects, without the leave of the assembly expressed by a vote, upon which question there shall be no debate.
Disorderly words should be taken down by the member who objects to them, or by the clerk, and then read to the member; if he denies them, the assembly shall decide by a vote whether they are his words or not. If a member cannot justify the words he used, and will not suitably apologize for using them, it is the duty of the assembly to act in the case, requiring both members to withdraw* [If both are personally interested. [See page 161.]] till it has decided its course, it being a general rule that no member should he present in the assembly when any matter relating to himself is under debate. If any business has taken place since the member spoke, it is too late to take notice of any disorderly words he used.
37. Closing Debate. Debate upon a question is not closed by the Chairman rising to put the question, as, until both the affirmative
and negative are put, a member can claim the floor, and re-open debate [see § 38]. Debate can be closed by the following motions, which are undebatable [§ 35], and, except to Lie on the Table, shall require a two-thirds* [In Congress, where each speaker can occupy the floor one hour, any of these motions to cut off debate can be adopted by a mere majority. In ordinary societies harmony is so essential, that a two-thirds vote should be required to force the assembly to a final vote without allowing free debate.] vote for their adoption [§ 39]:
(a) An objection to the consideration of a question [only allowable when the question is first introduced, § 15], which, if sustained, not only stops debate, but also throws the subject out of the assembly for that session [§ 42]; which latter effect is the one for which it was designed.
(b) To lie on the table [§ 19], which, if adopted, carries the question to the table, from which it cannot be taken without a majority favors such action.
(c) The previous question [§ 20], which has the effect of requiring all the questions before the assembly [excepting as limited in § 20] to be put to vote at once without further debate. It may be applied merely to an amendment or to an amendment of an amendment.
(d) For the assembly to adopt an order (1) limiting debate upon a special subject, either as to the number or length of the speeches; or (2) closing debate upon the subject at a stated time, when all pending questions shall be put to vote without further debate. Either of these two measures may be applied only to a pending amendment, or an amendment thereto, and when this is voted upon, the original question is still open to debate and amendment.
Art. VI. Vote. [§§ 38-39.]
38. Voting. Whenever from the nature of the question it permits of no modification or debate, the Chairman immediately puts it to vote; if the question is debatable, when the Chairman thinks the debate has been brought to a close, he should inquire if the assembly is ready for the question, and if no one rises he puts the question to vote. There are various forms for putting the question, in use in different parts of the country. The rule in Congress, in the House of Representatives, is as follows: "Questions shall be distinctly put in this form, to-wit: 'As many as are of the opinion that (as the question may be) say Aye;' and after the affirmative voice is expressed, 'As many as are of the contrary opinion, say No.'" The following form is very common: "It has been moved and seconded that (here state the question). As many as are favor of the motion say Aye; those opposed, No." Or, if the motion is for the adoption of a certain resolution, after it has been read the Chairman can say, "You have heard the resolution read; those in favor of its adoption will hold up the right hand; those opposed will manifest it by the same sign." These examples are sufficient to show the usual methods of putting a question, the affirmative being always put first.
When a vote is taken, the Chairman should always announce the result in the following form: "The motion is carried—the resolution is adopted," or, "The ayes have it—the resolution is adopted." If, when he announces a vote, any member rises and states that he doubts the vote, or calls for a "division," the Chairman shall say, "A division is called for; those in favor of the motion will rise." After counting these, and announcing the number, he shall say, "Those opposed will rise." will count these, announce the number, and declare the result; that is, whether the motion is carried or lost. Instead of counting the vote himself, he can appoint tellers to make the count and report to him. When tellers are appointed, they should be selected from both sides of the question. A member has the right to change his vote (when not made by ballot) before the decision of the question has been finally and conclusively pronounced by the Chair, but not afterwards.
Until the negative is put, it is in order for any member, in the same manner as if the voting had not been commenced, to rise and speak, make motions for amendment or otherwise, and thus renew the debate; and this, whether the member was in the assembly room or not when the question was put and the vote partly taken. In such case the question is in the same condition as if it had never been put.
No one can vote on a question affecting himself, but if more than one name is included in the resolution (though a sense of delicacy would prevent this right being exercised, excepting when it would change the vote) all are entitled to vote; for if this were not so, a minority could control an assembly by including the names of a sufficient number in a motion, say for preferring charges against them, and suspend them, or even expel them from the assembly. When there is a tie vote the motion fails, without the Chairman gives his vote for the affirmative, which in such case he can do. Where his vote will make a tie, he can cast it and thus defeat the measure.
Another form of voting is by ballot. This method is only adopted when required by the constitution or by-laws of the assembly, or when the assembly has ordered the vote to be so taken. The Chairman, in such cases, appoints at least two tellers, who distribute slips of paper upon which each member, including the Chairman,* [Should the Chairman neglect to vote before the ballots are counted, he cannot then vote without the permission of the assembly.] writes his vote; the votes are then collected, counted by the tellers, and the result reported to the Chairman, who announces it to the assembly. The Chairman announces the result of the vote, in case of an election to office, in a manner similar to the following: "The whole number of votes cast is —; the number necessary for an election is —; Mr. A. received —; Mr. B. —; Mr. C. —. Mr. B. having received the required number is elected —." Where there is only one candidate for an office, and the constitution requires the vote to be by ballot, it is common to authorize the clerk to cast the vote of the assembly for such and such a person; if any one objects however, it is necessary to ballot in the usual way. So when a motion is made to make a vote unanimous, it fails if any one objects. In counting the ballots all blanks are ignored.
The assembly can by a majority vote order that the vote on any question be taken by Yeas and Nays.* [Taking a vote by yeas and nays, which has the effect to place on the record how each member votes, is peculiar to this country, and while it consumes a great deal of time, is rarely useful in ordinary societies. By the Constitution, one-fifth of the members present can, in either house of Congress, order a vote to be taken by yeas and nays, and to avoid some of the resulting inconveniences various rules and customs have been established, which are ignored in this Manual, as according to it the yeas and nays can only be ordered by a majority, which prevents its being made use of to hinder business. In representative bodies it is very useful, especially where the proceedings are published, as it enables the people to know how their representatives voted on important measures. In some small bodies a vote on a resolution must be taken by yeas and nays, upon the demand of a single member.] In this method of voting the Chairman states both sides of the question at once; the clerk calls the roll and each member as his name is called rises and answers yes or no, and the clerk notes his answer. Upon the completion of the roll call the clerk reads over the names of those who answered the affirmative, and afterwards those in the negative, that mistakes may be corrected; he then gives the number voting on each side to the Chairman, who announces the result. An entry must be made in the minutes of the names of all voting in the affirmative, and also of those in the negative.
The form of putting a question upon which the vote has been ordered to be taken by yeas and nays, is similar to the following: "As many as are in favor of the adoption of these resolutions will, when their names are called, answer yes [or aye]—those opposed will answer no." The Chairman will then direct the clerk to call the roll. The negative being put at the same time as the affirmative, it is too late, after the question is put, to renew the debate. After the commencement of the roll call, it is too late to ask to be excused from voting. The yeas and nays cannot be ordered in committee of the whole [§ 32].
Original Main Motion: Requires Second, Debatable, Amendable, Majority
Postpone Indefinitely: Requires Second, Debatable, Majority
Amend: Requires Second, Debatable, Amendable, Majority
Refer to Committee: Requires Second, Debatable, Amendable, Majority
Postpone to a Certain Time (Postpone Definitely): Requires Second, Debatable, Amendable, Majority
Limit or Extend Limits of Debate: Requires Second, Amendable, 2/3
Previous Question (Close Debate): Requires Second, 2/3
Lay on the Table: Requires Second, Majority
Call for Orders of the Day: Can Interrupt speaker, -
Raise a Question of Privilege: Can Interrupt speaker, -
Take a Recess: Requires Second, Amendable, Majority
Adjourn: Requires Second, Majority
Fix the Time to Which to Adjourn: Requires Second, Amendable, Majority
Point of Order: Can Interrupt speaker, -
Appeal: Can Interrupt speaker, Requires Second, Debatable, Majority
Questions or Points of Information: Can Interrupt speaker, -
Suspend the Rules: Requires Second, 2/3
Object to Consideration: Can Interrupt speaker, 2/3
Division of a Question: Requires Second, Amendable, Majority
Consideration by Paragraph-Seriatim: Requires Second, Amendable, Majority
Division of the Assembly: Can Interrupt speaker, -
Rescind: Requires Second, Debatable, Amendable, 2/3
Reconsider: Requires Second, Debatable, Amendable, 2/3