    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 219-233]
    [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, by rule and practice, the system of privileged motions
    and privileged questions has been highly developed (rule IX, clause 5 of
    rule XIII, clause 1 of rule XIV, and clause 4 of rule XVI).

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

    [[Page 220]]

    motion to authorize the Speaker to declare a recess was given an equal
    privilege (H. Res. 5, Jan. 3, 1991, p. 39).
      The rules and practice of the House 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, p.
    26). In the 102d Congress the

    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
    cannot be taken away but by another special order of business.

      ``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 XIV, ``orders of the day'' have disappeared from the practice of
    the House (IV, 3057) and should not be confused with ``special orders of
    business,'' which are resolutions reported from the Committee on Rules
    pursuant to clause 5 of rule XIII to provide for consideration of
    matters not regularly in order. The term ``special orders of business''
    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.

    [[Page 221]]

    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.

      It is proper that every parliamentary assembly should have certain
    forms of questions, so

      The House 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 into an instrument of entirely different use (V, 5445; clause 1 of
    rule XIX).

    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 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.

    [[Page 222]]

      As already explained, in the House 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 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.

    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.

    [[Page 223]]

      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. 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 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.

                                                Postponement to a day within
    Adjournment,                            E   the session.

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

    [[Page 224]]

    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.

      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 House governs these motions by clause 4 of rule XVI.

    [[Page 225]]

    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 226]]

      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 227]]

    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, 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 228]]

    diate 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 XIX).

      While the general principle that one secondary or privileged motion
    should not be applied to another is generally recognized in the House,
    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 an imme

    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 229]]

      The principles of this paragraph are in harmony with the practice of
    the House, 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 (V, 5521).

    [[Page 230]]

    ment 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 somewhere, and usage
    has drawn it after the amend

      This rule of the parliamentary law is considered fundamental in the
    House (clause 6 of rule XVI).

    [[Page 231]]

    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 he should vote in the affirmative, every
    question

      The thirteenth rule of the Senate has been dropped. The House 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 10 of rule XVIII), 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). In recent
    practice an amount in an appropriation bill has been changed by
    inserting a parenthetical ``increased by'' or ``decreased by'' after the
    amount rather than by directly changing the number.

    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 232]]

    taken only on the whole bill by the several votes on engrossment and
    passage.

      In the House 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

    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, but a question of
    order arising after a motion for the previous question must be decided
    without debate (clause 1 of rule XIX).

    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 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 to the reading of papers
    other than those on which the House was to vote. That was under an
    earlier form of clause 6 of rule XVII, 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 Secs. 963-964,
    infra.

    [[Page 233]]

    that leave may be given, and, consequently, may be asked and put to the
    question.

    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

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