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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. Misc. 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; 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 at 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.
The rule of the Senate says, If the member be called to order by a Senator, for words spoken, the exceptionable words shall immediately be taken down_in writing, that the President may be better enabled to judge of the matter. Rule 7.
In parliament, to speak irreverently or seditiously against the king is against order. Smith's Comw. 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 accusations 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 parliament, all decisions of the speaker may be controlled by the house, 3 Grey, 319.
SEC. XVIII. 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.
By the rules of the Senate, 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 18.
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 19.
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 person 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 ex. isting 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, 48. 313. When a session is drawing to a close, and the impor
tant 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 Ruffhead. Parliament, 1 Lev. 165, Prichard's case.
Where the constitution authorizes 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 these, and necessary towards their execution. But orders and resolutions are sometimes entered in the journals, having no relation to these, such as acceptances of invitations to attend orations, to take part in processions, &c. These must be understood to be merely conventional among those who are willing to participate in the ceremony, and are therefore perhaps improperly placed among the records of the House.
SEC. XIX. PETITIONS.
A petition prays something. A remonstrance has no prayer. Grey, 58.
Petitions must be subscribed by the petitioners. Scob. 87. L. Parl. c. 22. 9 Grey, 362, unless they are attending, 1 Grey, 401. or unable to sign, and averred by a member. 3 Grey, 418. But a petition not subscribed, but which the member presenting it affirmed to be all in the hand writing of the petitioner, and his name written in the beginning, was on the question (Mar. 14, 1800) received by the Senate. The averment of a member, or of somebody without doors, that they know the hand writing of the petitioners, is necessary if it be questioned. 6 Grey, 36. It must be presented by a member-not by the petitioners, and must be opened by him, holding it in his hand. 10 Grey, 57.
Before any petition or memorial addressed to the Senate shall be received and read at the table, whether