    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 216-230]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                       sec. xxxiii.--privileged questions.

    Sec. 437. Possession of a bill by the
    House.

      It is no  possession of a bill unless it be delivered to the Clerk to
    read, or the Speaker reads the title. Lex. Parl., 274; Elysynge Mem.,
    85; Ord. House of Commons, 64.

    Sec. 438. Theory as to privileged questions.

      It is a  general
    rule that the question first moved and seconded shall be first put.
    Scob., 28, 22; 2 Hats., 81. But this rule gives way to what may be
    called privileged questions; and the privileged questions are of
    different grades among themselves.

      In the House of Representatives, by rule and practice the system of
    privileged motions and privileged questions has been highly developed
    (rule IX, clause 4 of rule XI, clause 4 of rule XVI, and clause 1 of
    rule XXIV).

    [[Page 217]]

    will, and indefinitely. Yet this motion can
    not be received after another question is actually put and while the
    House is engaged in voting.

    Sec. 439. Precedence of the motion to adjourn.

      A motion  to
    adjourn simply takes place of all others; for otherwise the House might
    be kept sitting against its

      The rules and practice of the House of Representatives have prescribed
    comprehensively the privilege and status of the motion to adjourn
    (clause 4 of rule XVI). The motion intervenes between the putting of the
    question and the voting, and also between the different methods of
    voting, as between a vote by division and a vote by yeas and nays, as
    after the yeas and nays are ordered and before the roll call begins (V,
    5366). But after the roll call begins it may not be interrupted (V,
    6053). Clause 4 of rule XVI was amended in the 93d Congress to provide
    that a motion that when the House adjourns on that day it stand
    adjourned to meet at a day and time certain is of equal privilege with
    the motion to adjourn, if the Speaker in his discretion recognizes for
    that purpose (H. Res. 6, pp. 26-27). In the 102d Congress the motion to
    authorize the Speaker to declare a recess was given an equal privilege
    (H. Res. 5, Jan. 3, 1991, p. 39).

    [[Page 218]]

    Sec. 440. Obsolete parliamentary law governing
    orders of the day.

      Orders of  the day take place of all other questions, except
    for adjournment--that is to say, the question which is the subject of an
    order is made a privileged one, pro hac vice. The order is a repeal of
    the general rule as to this special case. When any Member moves,
    therefore, for the order of the day to be read, no further debate is
    permitted on the question which was before the House; for if the debate
    might proceed it might continue through the day and defeat the order.
    This motion, to entitle it to precedence, must be for the orders
    generally, and not for any particular one; and if it be carried on the
    question, ``Whether the House will now proceed to the orders of the
    day?'' they must be read and proceeded on in the course in which they
    stand, 2 Hats., 83; for priority of order gives priority of right, which
    can not be taken away but by another special order.

      ``Orders of the day'' are part of the regular and daily order of
    business (IV, 3151). Although a mention of them has survived in clause 1
    of rule XXIV, ``orders of the day'' have disappeared from the practice
    of the House (IV, 3057) and should not be confused with ``special
    orders,'' which are resolutions reported from the Committee on Rules
    pursuant to clause 4 of rule XI to provide for consideration of matters
    not regularly in order. The term ``special orders'' is also used
    separately to describe permissions for Members to address the House at
    the conclusion of legislative business.

    Sec. 441. Jefferson's discussion of certain privileged
    motions.

      After  these there are other privileged questions, which will
    require considerable explanation.

      It is proper that every parliamentary assembly should have certain
    forms of questions, so adapted as to enable them fitly to dispose of
    every proposition which can be made to them. Such are: 1. The previous
    question. 2. To postpone indefinitely. 3. To adjourn a question to a
    definite day. 4. To lie on the table. 5. To commit. 6. To amend. The
    proper occasion for each of these questions should be understood.

      The House of Representatives by clause 4 of rule XVI has established
    the priority and other conditions of motions of this kind.

    Sec. 442. Obsolete use of the previous
    question.

      1. When a  proposition is moved which it is useless or inexpedient now
    to express or discuss, the previous question has been introduced for
    suppressing for that time the motion and its discussion. 3 Hats., 188,
    189.

      The previous question of the parliamentary law has been changed by the
    House of Representatives into an instrument of entirely different use
    (V, 5445; rule XVII).

    [[Page 219]]

    session, they postpone it indefinitely. 3 Hats., 183. This
    quashes the proposition for that session, as an indefinite adjournment
    is a dissolution, or the continuance of a suit sine die is a
    discontinuance of it.

    Sec. 443. The motion to postpone indefinitely.

      2. But as  the
    previous question gets rid of it only for that day, and the same
    proposition may recur the next day, if they wish to suppress it for the
    whole of that

      As already explained, in the House of Representatives the previous
    question is no longer used as a method of postponement (V, 5445) but a
    means to bring the pending matter to an immediate vote. The House does
    use the motion to postpone indefinitely, and in clause 4 of rule XVI and
    the practice thereunder, has defined the nature and use of the motion.

    Sec. 444. Postponement to a day certain.

      3. When a  motion is
    made which it will be proper to act on, but information is wanted, or
    something more pressing claims the present time, the question or debate
    is adjourned to such a day within the session as will answer the views
    of the House. 2 Hats., 81. And those who have spoken before may not
    speak again when the adjourned debate is resumed. 2 Hats., 73.
    Sometimes, however, this has been abusively used by adjourning it to a
    day beyond the session, to get rid of it altogether as would be done by
    an indefinite postponement.

      The House of Representatives does not use the motion to adjourn a
    debate. But it accomplishes the purpose of such a procedure by the
    motion to postpone to a day certain, which applies, not to a debate, but
    to the bill or other proposition before the House. Of course, if a bill
    which is under debate is postponed, the effect is to postpone the
    debate. The conditions and use of the motion are treated under clause 4
    of rule XVI.

    [[Page 220]]

    Sec. 445. Motion to lay on the table.

      4. When the  House has
    something else which claims its present attention, but would be willing
    to reserve in their power to take up a proposition whenever it shall
    suit them, they order it to lie on their table. It may then be called
    for at any time.

      This is the use of the motion to lay on the table which is established
    in the general parliamentary law, and was followed in the early practice
    of the House of Representatives. But by an interesting evolution in the
    House the motion has now come to serve an entirely new purpose, being
    used for the final, adverse disposition of a matter (clause 4 of rule
    XVI; V, 5389). And a matter once laid on the table may be taken
    therefrom only by suspension of the rules (V, 6288) or similar process,
    unless it be a matter of privilege (V, 5438, 5439) such as bills vetoed
    by the President (IV, 3549; V, 5439). A proposition to impeach having
    been laid on the table, a similar or identical proposition may be again
    brought up (III, 2049; VI, 541).

    Sec. 446. Delegation of consideration to
    committee.

      5. If the  proposition will want more amendment and digestion than the
    formalities of the House will conveniently admit, they refer it to a
    committee.

      6. But if the proposition be well digested, and may need but few and
    simple amendments, and especially if these be of leading consequence,
    they then proceed to consider and amend it themselves.

      In the House of Representatives it is a general rule that all business
    goes to committees before receiving consideration in the House itself.
    Occasionally a question of privilege or a minor matter of business is
    presented and considered at once by the House.

    Sec. 447. Privileged motions in the Senate and in
    Parliament.

      The Senate,  in their practice, vary from this regular graduation of
    forms. Their practice comparatively with that of Parliament stands thus:

                     for the parliamentary: the senate uses:

                                                Postponement to a day beyond
    Postponement indefinite,                E   the session.

    [[Page 221]]

    Adjournment,                            E   the session.
                                                Postponement to a day within

                                                Postponement indefinite.
    Lying on table,                         E   Lying on the table.

      In their eighth rule, therefore, which declares that while a question
    is before the Senate no motion shall be received, unless it be for the
    previous question, or to postpone, commit, or amend the main question,
    the term postponement must be understood according to their broad use of
    it, and not in its parliamentary sense. Their rule, then, establishes as
    privileged questions the previous question, postponement, commitment,
    and amendment.

      The House of Representatives governs these motions by clause 4 of rule
    XVI.

    [[Page 222]]

    1. Previous question and postpone

    Sec. 448. Obsolete provision as to priority of
    privileged motions.

      But it may  be asked: Have these questions any privilege among
    themselves? or are they so equal that the common principle of the
    ``first moved first put'' takes place among them? This will need
    explanation. Their competitions may be as follows:

                        commit              <3-l  }>

                        amend                   In the first, second, and
    2. Postpone and previous question           third classes, and the first

                        commit                  member of the fourth class,

                        amend                   the rule ``first moved first
    3. Commit and previous question         <3-lput'' takes place.

                        postpone

                        amend
    4. Amend and previous question

                        postpone

                        commit              <3-ln }>

                                            <3-ln }>

    [[Page 223]]

      In the first class, where the previous question is first moved, the
    effect is peculiar; for it not only prevents the after motion to
    postpone or commit from being put to question before it, but also from
    being put after it; for if the previous question be decided
    affirmatively, to wit, that the main question shall now be put, it would
    of course be against the decision to postpone or commit; and if it be
    decided negatively, to wit, that the main question shall not now be put,
    this puts the House out of possession of the main question, and
    consequently there is nothing before them to postpone or commit. So that
    neither voting for nor against the previous question will enable the
    advocates for postponing or committing to get at their object. Whether
    it may be amended shall be examined hereafter.

      While clause 4 of rule XVI now governs the priority of motions, these
    provisions of the Manual remain of interest because of the parliamentary
    theory they present.

    Sec. 449. General principles of priority of
    motions.

      Second class.  If postponement be decided affirmatively, the proposition is
    removed from before the House, and consequently there is no ground for
    the previous question, commitment or amendment; but if decided
    negatively (that it shall not be postponed), the main question may then
    be suppressed by the previous question, or may be committed, or amended.

      The previous question is used now for bringing a vote on the main
    question and not for suppressing it.

      The third class is subject to the same observations as the second.

      The fourth class. Amendment of the main question first moved, and
    afterwards the previous question, the question of amendment shall be
    first put.

      In present practice of the House the question on the previous question
    would be put first, and being decided affirmatively would force a vote
    on the amendment and then on the main question.

    [[Page 224]]

    ment, if the House had it not in their power to
    postpone the whole subject.
      Amendment and postponement competing, postponement is first put, as
    the equivalent proposition to adjourn the main question would be in
    Parliament. The reason is that the question for amendment is not
    suppressed by postponing or adjourning the main question, but remains
    before the House whenever the main question is resumed; and it might be
    that the occasion for other urgent business might go by, and be lost by
    length of debate on the amend-

      Amendment and commitment. The question for committing, though last
    moved shall be first put; because, in truth, it facilitates and
    befriends the motion to amend. Scobell is express: ``On motion to amend
    a bill, anyone may notwithstanding move to commit it, and the question
    for commitment shall be first put.'' Scob., 46.

      These principles of priority of privileged motions are recognized in
    the House of Representatives, and are provided for by clause 4 of rule
    XVI.

    Sec. 450. Applications of the previous question to
    debatable secondary and privileged motions.

      We have  hitherto considered the
    case of two or more of the privileged questions contending for privilege
    between themselves, when both are moved on the original or main
    question; but now let us suppose one of them to be moved, not on the
    original primary question, but on the secondary one, e.g.:

      Suppose a motion to postpone, commit, or amend the main question, and
    that it be moved to suppress that motion by putting a previous question
    on it. This is not allowed, because it would embarrass questions too
    much to allow them to be piled on one another several stories high; and
    the same result may be had in a more simple way--by deciding against the
    postponement, commitment, or amendment. 2. Hats., 81, 2, 3, 4.

    [[Page 225]]

    an immediate vote, makes obsolete the parliamentary rule. For
    as the motions to postpone, commit, and amend, are all debatable, the
    modern previous question of course applies to them (clause 1 of rule
    XVII).

      While the general principle that one secondary or privileged motion
    should not be applied to another is generally recognized in the House of
    Representatives, yet the entire change in the nature of the previous
    question (V, 5445) from a means of postponing a matter to a means of
    compelling

    Sec. 451. Motion to postpone not applicable to other
    secondary motions.

      Suppose a  motion for the previous question, or commitment or
    amendment of the main question, and that it be then moved to postpone
    the motion for the previous question, or for commitment or amendment of
    the main question. 1. It would be absurd to postpone the previous
    question, commitment, or amendment, alone, and thus separate the
    appendage from its principal; yet it must be postponed separately from
    its original, if at all; because the eighth rule of the Senate says that
    when a main question is before the House no motion shall be received but
    to commit, amend, or pre-question the original question, which is the
    parliamentary doctrine also. Therefore the motion to postpone the
    secondary motion for the previous question, or for committing or
    amending, can not be received. 2. This is a piling of questions one on
    another; which, to avoid embarrassment, is not allowed. 3. The same
    result may be had more simply by voting against the previous question,
    commitment, or amendment.

      Suppose a commitment moved of a motion for the previous question, or
    to postpone or amend. The first, second, and third reasons, before
    stated, all hold against this.

    [[Page 226]]

      The principles of this paragraph are in harmony with the practice of
    the House of Representatives, which provides further that a motion to
    suspend the rules may not be postponed (V, 5322).

    Sec. 452. The motion to amend not applicable to the
    previous question.

      Suppose an  amendment moved to a motion for the previous
    question. Answer: The previous question can not be amended.
    Parliamentary usage, as well as the ninth rule of the Senate, has fixed
    its form to be, ``Shall the main question be now put?''--i.e., at this
    instant; and as the present instant is but one, it can admit of no
    modification. To change it to to-morrow, or any other moment, is without
    example and without utility. * * *

      Although the nature of the previous question has entirely changed, yet
    the principle of the parliamentary law applies to the new form.

    Sec. 453. Motion to amend applicable to
    motions to postpone or refer.

      * * * But suppose a  motion to amend a motion for
    postponement, as to one day instead of another, or to a special instead
    of an indefinite time. The useful character of amendment gives it a
    privilege of attaching itself to a secondary and privileged motion; that
    is, we may amend a postponement of a main question. So, we may amend a
    commitment of a main question, as by adding, for example, ``with
    instructions to inquire,'' &c. * * *

      This principle is recognized in the practice of the House of
    Representatives (V, 5521).

    [[Page 227]]

    where, and usage has drawn it after the amendment to the amendment.
    The same result must be sought by deciding against the amendment to the
    amendment, and then moving it again as it was wished to be amended. In this
    form it becomes only an amendment to an amendment.

    Sec. 454. Amendment in the third degree not in
    order.

      * * * In like  manner, if an amendment be moved to an amendment, it is
    admitted; but it would not be admitted in another degree, to wit, to
    amend an amendment to an amendment of a main question. This would lead
    to too much embarrassment. The line must be drawn some-

      This rule of the parliamentary law is considered fundamental in the
    House of Representatives (rule XIX).

    [[Page 228]]

    he should vote in the affirmative, every
    question for more would be precluded; but at that extreme which would
    unite few, and then to advance or recede till you get to a number which
    will unite a bare majority. 3 Grey, 376, 384, 385. ``The fair question
    in this case is not that to which, and more, all will agree, but whether
    there shall be addition to the question.'' 1 Grey, 365.

    Sec. 455. Filling blanks; and amendment to
    numbers.

      [In filling  a blank with a sum, the largest sum shall be first put to the
    question, by the thirteenth rule of the Senate, contrary to the rule of
    Parliament, which privileges the smallest sum and longest time. 5 Grey,
    179; 2 Hats., 8, 83; 3 Hats., 132, 133.] And this is considered to be
    not in the form of an amendment to the question, but as alternative or
    successive originals. In all cases of time or number, we must consider
    whether the larger comprehends the lesser, as in a question to what day
    a postponement shall be, the number of a committee, amount of a fine,
    term of an imprisonment, term of irredeemability of a loan, or the
    terminus in quem in any other case; then the question must begin a
    maximo. Or whether the lesser includes the greater, as in questions on
    the limitation of the rate of interest, on what day the session shall be
    closed by adjournment, on what day the next shall commence, when an act
    shall commence or the terminus a quo in any other case where the
    question must begin a minimo; the object being not to begin at that
    extreme which, and more, being within every man's wish, no one could
    negative it, and yet, if

      The thirteenth rule of the Senate has been dropped. The House of
    Representatives has no rule on the subject other than this provision of
    the parliamentary law. It is very rare for the House to fill blanks for
    numbers. When a number in pending text is to be changed by amendment,
    the practice of the House permits to be pending: the alternative number
    proposed in the amendment to the text; a second alternative number as an
    amendment to the amendment; a third as a substitute; and a fourth as an
    amendment to the substitute. Thus, if the pending text itself states a
    number, then five alternative numbers may be pending simultaneously.
    With respect to a concurrent resolution on the budget (which is
    considered as read and open to amendment at any point and to which
    amendments must be mathematically consistent under clause 8 of rule
    XXIII), adoption of a perfecting amendment changing several figures
    precludes further amendment merely changing those figures, but does not
    preclude more comprehensive amendments changing other portions of the
    resolution which have not been amended as well (Apr. 27, 1977, p.
    12485).

    Sec. 456. Priority of amendments over motions to
    strike out or agree.

      Another  exception to the rule of priority is when a
    motion has been made to strike out, or agree to, a paragraph. Motions to
    amend it are to be put to the question before a vote is taken on
    striking out or agreeing to the whole paragraph.

    [[Page 229]]

      In the House of Representatives the principle that a text should be
    perfected before a question is taken on striking it out, and that an
    amendment should be perfected before agreeing to it, is well
    established. But in considering bills, even by paragraphs, the House
    does not agree to the paragraphs severally; but after amending one
    passes to the next, and the question on agreeing is taken only on the
    whole bill by the several votes on engrossment and passage.

    Sec. 457. Incidental questions, like points of
    order, which intervene during consideration of the main question.

      But there  are
    several questions which, being incidental to every one, will take place
    of every one, privileged or not; to wit, a question of order arising out
    of any other question must be decided before that question. 2 Hats., 88.

      This principle governs the procedure of the House of Representatives,
    but a question of order arising after a motion for the previous question
    must be decided without debate (clause 3 of rule XVII).

    Sec. 458. Matters of privilege as intervening
    questions.

      A matter of  privilege arising out of any question, or from a quarrel
    between two Members, or any other cause, supersedes the consideration of
    the original question, and must be first disposed of. 2 Hats., 88.

    Sec. 459. Intervention of questions relating to reading of
    papers.

      Rule IX of the House of Representatives and the practice thereunder,
    confirm and amplify the principles of this provision of the
    parliamentary law.
       Reading papers relative to the question before the House.
    This question must be put before the principal one. 2 Hats., 88.

      This provision formerly applied in the House of Representatives to the
    reading of papers other than those on which the House was to vote. That
    was under an earlier form of rule XXX, which now applies only to the use
    of exhibits in debate. For a history of the former rule on reading
    papers and an explanation of the earlier practice, see Sec. Sec. 916-
    917, infra.

    [[Page 230]]

    Sec. 460. Withdrawal of motions.

      Leave asked  to withdraw a
    motion. The rule of Parliament being that a motion made and seconded is
    in the possession of the House, and can not be withdrawn without leave,
    the very terms of the rule imply that leave may be given, and,
    consequently, may be asked and put to the question.

      The House of Representatives does not vote on the withdrawal of
    motions, but provides by clause 2 of rule XVI and clause 5 of rule XXIII
    the conditions under which a Member may of his own right withdraw a
    motion.