any man to be a judge in his own case, 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 man is to come into the House with his head covered, nor to remove from one place to the other with his hat on, nor is to put on his hat in coming in; or removing, until he be sit down in his place.-Scob. 6.

A question of order may be adjourned to give time to look into precedents.-2 Hats. 118.

In the Senate of the United States, every question of order is to be decided by the President, without debate; but if there be a doubt in his mind, he may call for the sense of the Senate.-Rule 6.

If any member, in speaking or otherwise, transgress the rules of the House, the Speaker shall, or any member may, call to order; in which case the mem ber so called to order shall immediately sit down, unless permitted to explain; and the House shall, if appealed to, decide on the case, but without debate: if there be no appeal, the decision of the Chair shall be submitted to. If the decision be in favor of the member called to order, he shall be at liberty to proceed: if otherwise, he shall not be permitted to proceed, in case any member object, without leave of the House; and if the case require it, he shall be liable to the censure of the House.-Rule H. R. 29.

In Parliament, all decisions of the Speaker may be controlled by the House.-3 Grey, 319.

SECTION 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 rule 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 door 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 member 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 existing 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 any 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 important bills are all brought in, the House, in order to prevent interruption from 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-Jacobs, L. D., by Ruffhead-Parliament, 1 Lev. 165, Pritchard's case.

Where the Constitution authorizes each House to determine the rule 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.

SECTION XIX.

PETITIONS.

A petition prays something. A remonstrance has no prayer.-1 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. H

But

a petition not subscribed, but which the member presenting it affirmed to be all in the handwriting of the petitioner, and his name written in the beginning, was on the question, (March 14, 1800,) received by the Senate. The averment of a member, or somebody without doors, that they know the handwriting 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 the same shall be introduced by the President or a member, a brief statement of the contents of the petition or memorial shall verbally be made by the introducer.-Rule 24.

Petitions, memorials, and other papers addressed to the House, shall be presented by the Speaker, or by a member in his place; a brief statement of the contents thereof shall be made verbally by the introducer; they shall not be debated on the day of their being presented, nor on any day assigned by the House for the receipt of petitions after the first thirty days of the session, unless where the House shall direct otherwise, but shall lie on the table, to be taken up in the order in which they were presented.-Rule H. R. 55.

Regularly a motion for receiving it must be made and seconded, and a question put, Whether it shall be received? But a cry from the house of" Received," or even its silence, dispenses with the formality of this question; it is then to be read at the table, and disposed of.

SECTION XX.

MOTIONS.

When a motion has been made, it is not to be put to the question, or debate, until it is seconded.-Scob. 21.

The Senate say, Rule 9.

No motion shall be debated until the same shall be seconded.

It is then, and not till then, in possession of the House. It is to be put into writing, if the House or Speaker require it, and must be read to the House by the Speaker as often as any member desires it for his information.-2 Hats. 82.

The Rule of the Senate is, When a motion shall be made and seconded, it shall be reduced to writing, if desired by the President or any member, delivered in at the table, and read by the President, before the same shall be debated.Rule 10.

When a motion is made and seconded, it shall be stated by the Speaker; or, being in writing, it shall be handed to the Chair, and read aloud by the clerk before debated.-Rules H. R. 38.

Every motion shall be reduced to writing, if the Speaker or any member desire it.-Rules H. R. 39.

It might be asked, whether a motion for adjournment, or for the orders of the day, can be made by one member while another is speaking? It cannot. When two members offer to speak, he who rose first is to be heard, and it is a breach of order in another to interrupt him, unless by calling him to order if he depart from it. And the question of order being decided, he is still to be heard through. A call for adjournment, or for the order of the day, or for the question, by gentlemen from their seats, is not a motion. No motion can be made without arising and addressing the Chair. Such calls are themselves breaches of order, which, though the member who has risen may respect as an expression of impatience of the House, against further debate, yet, if he chooses, he has a right to go on.

SECTION XXI.

RESOLUTIONS.

When the House commands it is by an "order." But facts, principles, their own opinions, and purposes, are expressed in the form of resolutions.

A resolution for an allowance of money to the clerks being moved, it was objected to as not in order, and so ruled by the Chair. But on appeal to the Senate, (i. e. a call for their sense by the President, on account of doubt in his mind, according to Rule 16,) the decision was overruled.-Journ. Sen. June 1, 1796. I presume the doubt was, whether an allowance of money could be made otherwise than by bill.

SECTION XXII.

BILLS.

Every bill shall receive three readings previous to its being passed; and the President shall give notice at each, whether it be the first, second, or third; which readings shall be on three different days, unless the Senate unanimously direct otherwise.-Rule 26.

Every bill shall be introduced on the report of a committee, or by motion for leave. In the latter case, at least one day's notice shall be given of the motion; and the motion shall be made, and the bill introduced, if leave is given, when resolutions are called for; such motion, or the bill when introduced, may be committed.-Rule H. R. 108.

SECTION XXIII.

BILLS, LEAVE TO BRING IN.

One day's notice, at least, shall be given of an intended motion for leave to bring in a bill.-Rule 25.

When a member desires to bring in a bill on any subject, he states to the House in general terms, the causes for doing it, and concludes by moving for leave to bring in a bill entitled, &c. Leave being given, on the question, a committee is appointed to prepare and bring in the bill. The mover and seconder are always appointed on the committee, and one or more in addition.-Hakew. 132-Scob. 40.

It is to be presented fairly written, without any erasure or interlineation; or the Speaker may refuse it.-Scob. 31-1 Grey, 82, 84.

SECTION XXIV.

BILLS, FIRST READING.

When a bill is first presented, the clerk reads it at the table, and hands it to the Speaker, who, rising, states to the House the title of the bill; that this is the first time of reading it; and the question will be, Whether it shall be read a second time? Then sitting down, to give an opening for objections; if none be made, he rises again, and puts the question, Whether it shall be read a second time?-Hakew. 137, 141. A bill cannot be amended at the first reading.—6 Grey, 286; nor is it usual for it to be opposed then, but it may be done and rejected.-D'Ewes, 335, col. 1.—3 Hats. 198. (Vide Rules H. R. 109.)

SECTION XXV.

BILLS, SECOND READING.

The second reading must regularly be on another day.-Hakew. 143. It is done by the clerk at the table, who then hands it to the Speaker. The Speaker rising, states to the House the title of the bill, that this is the second time of reading it, and that the question will be, Whether it shall be committed, or engrossed and read a third time? But if the bill came from the other