committees after having been referred, are taken up in the order in which they were reported to the Senate by the respective committees.]

[6. At one o'clock, if no business be pending, or if no motion be called to proceed to other business, the special orders are called, at the head of which stands the unfinished business of the preceding day.]

[In this way we do not waste our time in debating what shall be taken up. We do one thing at a time; follow up a subject while it is fresh, and till it is done with, clear the house of business gradatim as it is brought on, and prevent, to a certain degree, its immense accumulation towards the close of the session.]

[Arrangement, however, can only take hold of matters in possession of the house. New matter may be moved at any time when no question is before the house. Such are original motions and reports on bills. Such are bills from the other house, which are received at all times, and receive their first reading as soon as the question then before the house is disposed of; and bills brought in on leave, which are read first whenever presented. So messages from the other house respecting amendments to bills are taken up as soon as the house is clear of a question, unless they require to be printed, for better consideration. Orders of the day may be called for, even when another question is before the house.]

66

SEC. XV.-ORDER.

[Each house may determine the rules of its proceedings; punish its members for disorderly behavior; and, with the concurrence of two-thirds, expel a member. Const., I, 5.] In Parliament, instances make order," per Speaker Onslow. 2 Hats., 141. 2 Hats., 141. But what is done only by one Parliament, cannot be called custom of Parliament; by Prynne. 1 Grey, 52.]

SEC. XVI.-ORDER RESPECTING PAPERS.

The clerk is to let no journals, records, accounts, or papers,

be taken from the table or out of his custody. 2 Hats, 193, 194.

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.

A bill being missing, the House resolved that a protestation should be made and subscribed by the members "before Almighty God, and this honorable 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.

SEC. XVII.-ORDER IN DEBATE.

When the Speaker is seated in his chair, every member is to sit in his place. Scob., 6; Grey, 403.

When any member means to speak, he is to stand up in his place, uncovered, and to address himself, not to the House, or any particular 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, 143.

[In Senate, every member, when he speaks, shall address the chair standing in his place, and when he has finished, shall sit down. Rule 3.]

When a member stands up to speak, no question is to be put, but he is to be heard, unless the House overrules him. 4 Grey, 390; 5 Grey, 6, 143.

If two or more rise to speak nearly together, the Speaker determines who was first up, and calls him by name; whereupon he proceeds, unless he voluntarily sits down and gives way to the other. But sometimes the House does not acquiesce in the Speaker's decision, in which case the question is put, "Which member was first up?" 2 Hots., 76; Scob., 7; D'Ewes, 434 col. 1, 2.

[In the Senate of the United States, the President's decision is without appeal. Their rule is in these words: when two members rise at the same time, the President shall name the person to speak; but in all cases the member who shall first rise and address the Chair shall speak first. Rule 5.]

No man may speak more than once on the same bill on the same day; or even on another day, if the debate be adjourned. But if it be read more than once in the same day, he may speak once at every reading. Co., 12, 115; Hakew., 148; Scob., 58; 2 Hats., 75. Even a change of opinion does not give a right to be heard a second time. Smyth's Comw., L. 2, c. 3; Arcan Parl., 17.

[The corresponding rule of the Senate is in these words: No member shall speak more than twice, in any one debate, on the same day, without leave of the Senate. Rule 4.]

But he may be permitted to speak again to clear a matter of fact, 3 Grey, 357, 416; or merely to explain himself (2 Hats., 73) in some material part of his speech, Ib., 75; or to the manner or words of the question, keeping himself to that only, and not travelling into the merits of it, Memorials in Hakew., 29; or to the orders of the House, if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew., 30, 31.

But if the Speaker rise to speak, the member standing up ought to sit down, that he may be first heard.

205; Hale Parl., 133; Mem. in Hakew., 30, 31.

Town., col.

Neverthe

less, though the Speaker may of right speak to matters of order, and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact. 3 Grey, 38.

No one is to speak impertinently or beside the question, superfluous or tediously. Scob., 31, 33; 2 Hats.. 166, 168; Hale Parl., 133.

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; Rushaw., p. 3. v. 1, fol. 42. But while a proposition under consideration is still in fieri, though it has even been reported by a committee, reflecttions on it are no reflections on the House. 9 Grey, 508.

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; 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 to advocate it, is a personality, and against order. Qui digreditur a materia ad personam, Mr. Speaker ought to suppress. Ord. Com., 1604, Apr. 19.

[When a member shall be called to order by the President or a Senator, he shall sit down; and every question of order shall be decided by the President, without debate, subject to an appeal to the Senate; and the President may call for the sense of the Senate on any question of order. Rule 6.] [No member shall speak to another or otherwise interrupt the business of the Senate, or read any printed paper while the journals or public papers are reading, or when any member is speaking in any debate. Rule 2.] 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. 1,) speaking or whispering to another, (Scob., 6; D' Ewes, 487, col. 1;) nor stand up to 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 anything 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 irreg ularity; 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 has 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, 127, 293; 5 Grey, 280;) 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