MANUAL OF PARLIAMENTARY PRACTICE.


ber 2, 1640, making void the election of the knights of Worcester, on a motion
it was resolved to make two questions of it, to wit: one on each knight.
2 Hats.,
85, 86. So, wherever there are several names in question, they may be divided
and put one by one. 9 Grey, 444. So, 1729, April 17, on an objection that
a
question was complicated, it was separated by amendment. 2 Hats., 79.
  The soundness of these observations will be evident from the embarrassments
produced by the 12th rule of the Senate, which says, "if the question
in debate
contain several points, any member may have the same divided."
  1798, May 30, the alien bill in quasi-committee. To a section and proviso
in
the original had been added two new provisos by way of amendment.   On a
mo-
tion to strike out the section as amended, the question was desired to be
divided.
To do this it must be put first on striking out either the former proviso
or some
distinct member of the section. But when nothing remains but the last member
or the section and the proviso, they cannot be divided so as to put the last
mem-
ber to the question by itself; for the proviso might then be left standing
alone as'
exceptions to a rule when the-rule is taken away; or the new provisos might
be
left to a second question, after having been decided on once before at the
same
reading, which is contrary to rule. But the question must be on striking
out the
last member of the section as amended. This sweeps away the exceptions with
the rule, and relieves from inconsistence. A question to be divisible, must
com-
prehend points so distinct and entire that one of them being taken away the
other
may stand entire. But a proviso or an exception, without an enacting clause
does not contain an entire point or proposition.
   May 31. The same bill being before the Senate. There was a proviso that
 the bill should not extend, 1, To any foreign minister; nor, 2, To any person
to
 whom the President should give a passport; nor, 3, To any alien merchant
con-
 forming himself to such regulations as the President shall prescribe, and
a divi-
 sion of the question into its simplest elements was called for. It was divided
 into four parts, the fourth taking in the words, "conforming himself,"
etc. It
 was objected that the words, "any alien merchant" could not be
separated from
 their modifying words, "conforming," etc., because these words
if left by them-
 selves contain no substantive idea-will make no sense. But admitting that
the
 divisions of a paragraph into separate questions must be so made that each
part
 may stand by itself, yet the House having on the question, retained the
two first
 divisions, the words "any alien merchant" may be struck out, and
their modify-
 ing words will then attach themselves to the preceding description of persons,
 and become a modification of that description.
   When a question is divided, after the question on the first member, the
second
 is open to debate and amendment, because it is a known rule that a person
may
 rise and speak at any time before the question has been completely decided,
by
 putting fhe negative as well as the affirmative side. But the question is
not com-
 pletely put when the vote has been taken on the first member only. One-half
of
 the question, both affirmative and negative remains still to be put.- See
Execut.
 Jour., June 25, 1795. The same decision by President Adams.

                               SECTION XXXVII.

                             CO-EXISTINO QUESTIONS.

   It may be asked whether the House can be in possession of two motions
or prop-
 ositions at the same time, so that one of them being decided, the other
goes to
 question without being moved anew?      The answer must be special. When
a
 question is interrupted by a vote of adjournment, it is thereby removed
from be-
 fore the House, rnd does not stand ipso facto before them at their next
meeting,
 but must come forward in the usual way. So, when it is interrupted by the
or-
 der of the day. Such other privileged questions also as dispose of the main
 question (e. g., the previous question, postponement, or commitment), remove
it
 from  before the House. But it is only suspended by a motion to amend, to
 withdraw, to read papers, or by a question of order or privilege, and stands
again
 before the Ilouse when these are decided. None but the class of privileged
ques-
 tions can be brought forward while there is another question before the
Ilouse,
 the rule being that when a motion has been made and seconded, no other can
be
 received, except it be a privileged one.