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to the question,

avoided.

"A member shall confine himself to the question under Must be confined debate, and avoid personality"-Rule 57-but in Committee and personality of the Whole on the State of the Union he is not bound to so confine himself.-Cong. Globe, 2, 30, p. 587; 1, 31, p. 1475; In Committee of 1, 32, p. 1856—except where a special order is pending, when the debate must be confined strictly to the measure under consideration.-Rule 114.

the Whole.

in

debate, to be sub

A contestant for a seat, or other person, occupying the Contestant, floor by leave of the House, is subject alike with members to ject to rules. the rules regulating debate.-Journal, 1, 28, p. 1011.

The question of the rejection of a bill, arising upon its Question of refirst reading, is debatable.-Journal, 2, 32, p. 152.

jection of bill debatable.

speak more than once on appeals.

transgresses the

ing.

On an appeal growing out of questions as to the applica- No member to bility or relevancy of propositions, &c., "no member shall speak more than once without the leave of the House."-Rule 2. "If any member, in speaking or otherwise, transgress the Where member rules of the House, the Speaker shall, or any member may, rules in speakcall to order; in which case, the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate; if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if He may proceed otherwise, he shall not be permitted to proceed, in case any member objects, member object, without leave of the House; and if the case require it, he shall be liable to the censure of the House."Rule 61.

in order if no

or with leave.

to, to be reduced

"If a member be called to order for words spoken in de- words excepted bate, the person calling him to order shall repeat the words to writing. excepted to, and they shall be taken down in writing at the Clerk's table; and no member shall be held to answer, or be subject to the censure of the House, for words spoken in de- when not bate, if any other member has spoken, or other business has spoken. intervened, after the words spoken, and before exception to them shall have been taken."-Rule 62.

censurable for words

tioned out of

bate.

"For any speech or debate in either house, members shall Not to be quesnot be questioned in any other place."-Const. 1, VI, p. 9. House for deWhile a member is speaking, none shall entertain private No conversation discourse, nor pass between him and the Chair.-Rule 65.

or passing between member and Chair.

Hour rule.

"No member shall occupy more than one hour in debate on any question in the House, or in committee; but a member reporting the measure under consideration from a committee may open and close the debate; provided, that where debate is closed by order of the House, any member shall be Five minutes' de- allowed, in committee, five minutes to explain any amendment

bate.

he may offer-December 18, 1847-after which any member who shall first obtain the floor shall be allowed to speak five minutes in opposition to it, and there shall be no further debate on the amendment; but the same privilege of debate shall be allowed in favor of and against any amendment that may be offered to the amendment; and neither the amendment nor an amendment to the amendment shall be withdrawn by the mover thereof, unless by the unanimous consent of the Closing of all de- committee.-August 14, 1850. Provided, further, That the House may, by the vote of a majority of the members present, at any time after the five minutes' debate has taken place upon proposed amendments to any section or paragraph of a bill, close all debate upon such section or paragraph, or at their election upon the pending amendments only."—-Rule 60.

bate.

Debate may be closed in Comof the

mittee Whole.

But subject must have been con

"The House may at any time discharge the Committee of the Whole House and the Committee of the Whole House on the State of the Union from the further consideration of any bill referred to it, after acting, without debate, on all amendments pending and that may be offered."-Rule 104.

But the subject must have been considered in Committee sidered in Com- of the Whole; and this rule applies as well to messages as bill.-Journal, 1, 32, pp. 145, 147.

mittee.

resolutions or

Not allowed on By Rule 52 debate on the day of their presentation is probills on leave on hibited upon resolutions submitted on the call of the States day of presenta and Territories after the reports of committees; and by Rule

130, all resolutions submitted on the alternate Mondays which shall give rise to debate shall lie over for discussion at least until all the States and Territories are called. And it has been decided (Journal, 1, 26, pp. 557, 763) that bills introduced on leave upon the call for resolutions, and which give rise to debate, must also lie over. It is a very common practice, however, when a resolution is submitted under hese

rules, for the mover to immediately demand the previous question, which, if ordered, prevents debate and brings the House to a direct vote on the resolution-thus avoiding the necessity for its lying over.-Journal, 1, 26, pp. 1064, 1067: 2, 27, p. 429; 1, 28, p. 558; 1, 29, p. 1235; 1, 30, p. 326. By Rule 51 all debate is prohibited on bills reported dur- Prohibited ing the first hour after the Journal is read on alternate Mon- introduced days; and by Rule 130 all bills introduced on leave during the first hour the first hour after the Journal is read on alternate Mondays is read. must be referred without debate.

on

bills reported or

on

Mondays, during

after the Journal

private bills on

days and Satur

"On the first and fourth Friday and Saturday of each Not allowed on month the calendar of private bills shall be called over, and 1st and 4th Frithe bills to the passage of which no objection shall then be days. made shall be first considered and disposed of. But when a bill is again reached, after having been once objected to, the committee shall consider and dispose of the same, unless it shall again be objected to by at least five members." Rule 129. [The universal practice under this rule is not to tolerate discussion in committee on any private bill on the days named; and it has been decided (Journal 1, 31, p. 697) that the rule applies equally to bills in the House.]

motions to ad

"A motion to adjourn, and a motion to fix the day to which Not allowed on the House shall adjourn, shall be always in order; these mo- journ, to fix day, tions, and the motion to lie on the table, shall be decided table. without debate."-Rule 44.

and to lie on

"On a motion to excuse a member from voting, the ques- Not allowed on tion shall be taken without debate."-Rule 31.

motion to be excused from voting. All Nor on previous

question, or in

questions pending it.

"On a previous question there shall be no debate. incidental questions of order arising after a motion is made cidental for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate." And under Rule 132, after the main question is ordered, its effect shall be "to put an end to all debate." And "the House may also, at any time, on motion seconded by a majority of the members present, close all debate upon a pending amendment, or an amendment thereto, and cause the question to be put thereon; and this shall not preclude any further amendment or debate upon the bill."

Pelding the demand for the previous question on the pas- Nor on motion to

reconsider third sage of a bill, it is not in order to debate a motion to reconreading. while previous ques- sider the vote on its third reading; but the vote must be taken tion is pending a without debate.—Journal, 1, 34, p. 1009. Nor pending such demand is it in order even to ask a question of the mover of the proposition.-Journal, 1, 28, p. 1003.

passage.

Nor on questions of priority of business.

Nor on motions

or to reconsider

votes on ques

"All questions relating to the priority of business to be acted on shall be decided without debate."-Rule 66.

[It has been invariably held, too, that a motion to suspend to suspend rules, the rules is not debatable; nor motions to reconsider votes on tions not debata- questions which were not themselves debatable, except where the original question was not debatable by reason of the order for the previous question.]

ble.

Nor after a mem

ber has answered to his name.

Where a question has been ordered to be taken by yeas and nays, and has been put by the Speaker, and upon the roll call a vote has been given by a member, further debate is precluded.-Journal, 2, 10, p. 446. Such continues to be the practice; but if a member rises before a response is given, and is recognized by the chair, he may proceed to debate the question.-Journal, 1, 17, pp. 216, 217.

Provision election of.

DELEGATES.

for By the Act of March 3, 1817, it is provided, "that in every Territory of the United States in which a temporary government has been or hereafter shall be established, and which, by virtue of the ordinance of Congress of the 13th of July, 1787, or of any subsequent act of Congress passed or to be passed, now hath or hereafter shall have the right to send a delegate to Congress, such delegate shall be elected every second year, for the same term of two years for which members of the House of Representatives of the United States Shall have right are elected; and in that House each of the said delegates not to vote. shall have a seat with a right of debating but not of voting."

to debate, but

Compensation

and franking privilege of.

May make tions.

The compensation and franking privilege of delegates are the same as of members. (See COMPENSATION and FRANKING PRIVILEGE.)

The right of a delegate to submit a resolution is recognized by the 52d and 130th rules, and it is also competent for him mo- to submit any motion which a member may make, except the

motion to reconsider, which is dependent upon the right to vote.—Journals, 2, 30, p. 503; 1, 31, p. 1280.

in organization

[In the organization of the House, the names of delegates Names of, called are called over after those of members, and before taking of the House. their seats the same oath or affirmation is administered as in

the case of members.]

DEPARTMENTS.

(See EXECUTIVE Departments.)

DISORDER.

or lobby.

"In case of any disturbance or disorderly conduct in the In the galleries galleries or lobby, the Speaker (or chairman of the Committee of the Whole House) shall have power to order the same to be cleared."—Rule 9.

"Each house may punish its members for disorderly be- House may punhavior."-Const. U. S., 1, 5, 8.

ish members for.

shall

preserve order.

"The Speaker shall preserve order and decorum."-Rule Speaker 2. And the Sergeant-at-arms shall aid in the enforcement of order under the direction of the Speaker.-Rule 22.

ber called to or

"If any member, in speaking or otherwise, transgress the In case of memrules of the House, the Speaker shall, or any member may, der. call to order; in which case the member so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed; if otherwise, he shall not be permitted to proceed, in case any member object, without leave of the House; and if the case require it, he shall be liable to the censure of the House."-Rule 61. "If a member be called to order for words spoken in de- Member may be bate, the person calling him to order shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table; and no member shall be held to answer, or be subject to the censure of the House, for words spoken in debate, if any other member has spoken, or other business has intervened, after the words spoken, and before exception to

censured.

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