[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 119-122]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 119]]


 

       JEFFERSON'S MANUAL OF PARLIAMENTARY PRACTICE \1\




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                 sec. i--importance of adhering to rules


[[Page 120]]

and experienced Members, that nothing tended more to throw power into 
the hands of administration, and those who acted with the majority of 
the House of Commons, than a neglect of, or departure from, the rules of 
proceeding; that these forms, as instituted by our ancestors, operated 
as a check and control on the actions of the majority, and that they 
were, in many instances, a shelter and protection to the minority, 
against the attempts of power.'' So far the maxim is certainly true, and 
is founded in good sense, that as it is always in the power of the 
majority, by their numbers, to stop any improper measures proposed on 
the part of their opponents, the only weapons by which the minority can 
defend themselves against similar attempts from those in power are the 
forms and rules of proceeding

[[Page 121]]

which have been adopted as they were found necessary, from time to time, 
and are become the law of the House, by a strict adherence to which the 
weaker party can only be protected from those irregularities and abuses 
which these forms were intended to check, and which the wantonness of 
power is but too often apt to suggest to large and successful 
majorities, 2 Hats., 171, 172.
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Sec. 283. Rules as related to the privileges of 
minorities.

  Mr.  Onslow, the ablest among the Speakers of the House of 
Commons, used to say, ``It was a maxim he had often heard when he was a 
young man, from old




Sec. 284. The Manual as a statement of parliamentary law.

  \1\ Jefferson's Manual was prepared by Thomas Jefferson for 
his own guidance as President of the Senate in the years of his Vice 
Presidency, from 1797 to 1801. In 1837 the House, by rule which still 
exists, provided that the provisions of the Manual should ``govern the 
House in all cases to which they are applicable and in which they are 
not inconsistent with the standing rules and orders of the House and 
joint rules of the Senate and House of Representatives.'' Rule XXVIII, 
Sec. 1104, infra. In 1880 the committee which revised the Rules of the 
House declared in their report that the Manual, ``compiled as it was for 
the use of the Senate exclusively and made up almost wholly of 
collations of English parliamentary practice and decisions, it was never 
especially valuable as an authority in the House of Representatives, 
even in its early history, and for many years past has been rarely 
quoted in the House'' (V, 6757). This statement, although sanctioned by 
high authority, is extreme, for in certain parts of the Manual are to be 
found the foundations of some of the most important portions of the 
House's practice.
   
The Manual is regarded by English parliamentarians as the best statement 
of what the law of Parliament was at the time Jefferson wrote it. 
Jefferson himself says, in the preface of the work:


  ``I could not doubt the necessity of quoting the sources of my 
information, among which Mr. Hatsel's most valuable book is preeminent; 
but as he has only treated some general heads, I have been obliged to 
recur to other authorities in support of a number of common rules of 
practice, to which his plan did not descend. Sometimes each authority 
cited supports the whole passage. Sometimes it rests on all taken 
together. Sometimes the authority goes only to a part of the text, the 
residue being inferred from known rules and principles. For some of the 
most familiar forms no written authority is or can be quoted, no writer 
having supposed it necessary to repeat what all were presumed to know. 
The statement of these must rest on their notoriety.

  ``I am aware that authorities can often be produced in opposition to 
the rules which I lay down as parliamentary. An attention to dates will 
generally remove their weight. The proceedings of Parliament in ancient 
times, and for a long while, were crude, multiform, and embarrassing. 
They have been, however, constantly advancing toward uniformity and 
accuracy, and have now attained a degree of aptitude to their object 
beyond which little is to be desired or expected.

  ``Yet I am far from the presumption of believing that I may not have 
mistaken the parliamentary practice in some cases, and especially in 
those minor forms, which, being practiced daily, are supposed known to 
everybody, and therefore have not been committed to writing. Our 
resources in this quarter of the globe for obtaining information on that 
part of the subject are not perfect. But I have begun a sketch, which 
those who come after me will successively correct and fill up, till a 
code of rules shall be formed for the use of the Senate, the effects of 
which may be accuracy in business, economy of time, order, uniformity, 
and impartiality.''



Sec. 286. Relations of the parliamentary law to the early 
practice of Congress.

  Jefferson also says in his preface, as to the source most desirable at 
that time from which to draw principles of procedure:
   ``But to what system of rules is he to recur, 
as supplementary to those of the Senate? To this there can be but one 
answer: To the system of regulations adopted for the government of some 
one of the parliamentary bodies within these States, or of that which 
has served as a prototype to most of them. This last is the model which 
we have all studied, while we are little acquainted with the 
modifications of it in our several States. It is deposited, too, in 
publications possessed by many, and open to all. Its rules are probably 
as wisely constructed for governing the debates of a deliberative body, 
and obtaining its true sense, as any which can become known to us; and 
the acquiescence of the Senate, hitherto, under the references to them, 
has given them the sanction of the approbation.''


  Those portions of the Manual which refer exclusively to Senate 
procedure or which refer to English practice wholly inapplicable to the 
House have been omitted. Paragraphs from the Constitution of the United 
States have also been omitted, as the Constitution is printed in full in 
this volume.
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[[Page 122]]

cency, and regularity be preserved in a dignified public body. 2 Hats., 
149.
* * * * *





Sec. 285. Necessity of rules of action.

  And  whether these 
forms be in all cases the most rational or not is really not of so great 
importance. It is much more material that there should be a rule to go 
by than what that rule is; that there may be a uniformity of proceeding 
in business not subject to the caprice of the Speaker or captiousness of 
the members. It is very material that order, de