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

SECTION 18.

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 rules of the Senate of the United States, 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 doors shall remain shut. Rule 28.

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 29.

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 Haken. 392.

But where an order is made that any particular matter be taken up on a 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 by 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. Jacob's L. D. by Ruff head. Parliament, 1 Lev. 165. Prichard's case.

Where the constitution authorises each House to determine the rules 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 19.

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. But a petition not subscribed, but which the member presenting it affirmed to be all in the hand writing of the petitioner, and his name written in the beginning, was on the question (Mar. 14, 1800) received by the U. S. Senate. The averment of a member, or of somebody without doors, that they know the hand writing 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.

Petitions, memorials, and other papers, addressed to the House, shall be presented by the Speaker; or by a member in his place.-R. of A. 17.

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 20.

MOTIONS.

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

The Senate of the United States say, no motion shall be debated until the same shall be seconded. Rule 6.

It is then and not till then in possession of the House, and cannot be withdrawn but by leave 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.

No motion shall be debated or put, unless the same be seconded when a motion is seconded, it must be stated by the Speaker before debate, and every such motion shall be reduced to writing, if the Speaker or any member desire it. -R. of A. 9.

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 departs 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 rising and addressing the chair. Such calls are themselves breaches of order, which though the member who has risen may respect, as an expression of the impatience of the House against further debate, yet, if he chuses, he has a right to go on

SECTION 21.

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.

All resolutions offered must be proposed and read thro at the place of the member moving the same, then handed to the Speaker, by him announced, and then read thro' by the Clerk.

In practice, there are three kinds of resolutions.

1. Resolutions of the House not concurrent.

2. Resolutions of the House concurrent.

3. Resolutions from Senate concurrent.

The first of these may be considered whenever the House shall direct.

The second is governed by the following rule:

Every order, resolution and vote, to which the concurrence of the Senate shall be necessary, shall be read to the House, and laid upon the table, on a day preceding that in which the same be moved, unless the House shall otherwise allow.-R. of A. 16.

It has been usual under this rule, to decide that such "allowance" must be unanimous, unless the rule be dispensed with.

Resolutions concurrent, from the Senate, do not come within this rule; they may be acted upon as soon as received.

SECTION 22.

BILLS, LEAVE TO BRING IN.

Every bill shall be introduced by motion for leave, or by an order of the House on the report of a committee, and one day's notice at least shall be given of a motion to bring in a bill, unless the House unanimously allow the same to be brought in without such previous notice.-R. of A. 21.

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 intitled, &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 of this committee, and one or more in addition. Haken. 132. Scob. 40.

It is to be presented fairly written, without any erasure or interlineation, or the Speaker may refuse it. Scob. 41. 1 Grey 82, 84.

SECTION 23.

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? Haken. 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..

SECTION 24.

BILLS, SECOND READING.

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EVERY bill shall receive three several readings previous to its being passed and the second and third reading shall be on different days, and the third reading shall be on a day subsequent to that in which it has passed a committee of the whole House, unless the House unanimously direct otherwise.-R. of A. 22.

No bill shall be committed or amended, until it has been twice read.-R. of A. 23.