[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.