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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. nor to digress from the matter to fall upon
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, Mr. Speaker ought to suppress. Ord. Com. 1604. Apr. 19.
While the speaker is putting a question, no member shall walk out of, or across the house, nor when a member is speaking, shall any member entertain any private discourse, or pass between him and the chair.-R. of A. 19.
No one is to disturb another in his speech by hissing, coughing, spitting, 6 Grey 332. Scob. 8. D’Ewes 332. col. 1. 640. col. 2. speaking or whispering to another; Scob. 6. D’Ewes 487. col. 1. nor to stand up or interrupt him; 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 his 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.
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. Mise. 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.
Disorderly words are not to be noticed till the member has finished his speech. 5 Grey 356. 6 Grey 60. Then the person objecting to them, and desiring them to be taken down by the clerk at the table, 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 clerk to take them down, as stated by the objecting member. They are then part of his minutes, and when read to the offending member, he 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 farther 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.
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 Como. 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 the quoting them might beget reflections leading to a misunderstanding between the two houses. 8 Grey 22.
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 particularly of the speaker, to interfere immediately and not to permit expressions to go unnoticed which may give a ground of complaint to the other house, and introduce proceedings and mutual accugations between the two houses, which can hardly be terminated without difficulty and disorder. 3 Hats. 51.
No member may be present when a bill or any business concerning himself is debating; nor is any member to speak to the merits of it till he withdraws. 2 Hats. 219. The rule is, that if a charge against a member arise out of a report of a committee, or examination of witnesses in the house, as the member knows from that to what points he is to direct his exculpation, he may be heard to those points, before any question is moved or stated against him. He is then to be heard, and withdraw before any question is moved. But if the question itself is the charge, as for breach of order, or matter arising in the debate, there the charge must be stated, that is, the question must be moved, himself heard, and then to withdraw. 2 Hats. 121, 122.
Where the private interests of a member are concerned in a bill or question, he is to withdraw. And where such an interest has appeared, his voice has been disallowed, even after a division. In a case so contrary 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 observance, should be strictly adhered to. 2 Hats. 119, 121. 6 Grey 368.
No member is to come into the house with his head covered, nor to remove from one place to another with his hat on, nor is to put on his hat in coming in, or removing, until he be set down in his place. Scob. 6.
A question of order may be adjourned to give time to look into precedents. 2 Hats. 118.
In the assembly of New York, every question of order is to be decided by the Speaker.
A member called to order, shall immediately sit down, unless permitted to explain; and the house, if appealed to, shall decide on the case, but without debate; if there be no appeal, the decision of the chair shall be submitted to. R. of A. 20.
In parliament, all decisions of the speaker may be controuled by the house. 3 Grey 319.
ORDERS OF THE HOUSE.
Of right, the door of the house ought not to be shut, but to be kept by porters, or sergeants at arms, assigned for that purpose.
Mod. Ten. Parl. 23. Each house shall keep a journal of its proceedings, and publish the same, except such parts as may require secrecy
The doors of each house shall be kept open, except when the public welfare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days. Const. Art. 1, Sec. 4.
Every order, resolution, and vote, to which the concurrence of the senate shall be necessary, shall be read to the house, and laid upon the table, on a day preceding that in which the same be moved, unless the house shall otherwise allow. R. of A. 16.
The order of the day shall have the preference to any motion before the house. R. of A.31.
By the rules of the senate of the United States, 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 is 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 43, 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.
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