Manual of Parliamentary Practice / Rules of Proceeding and Debate in Deliberative Assemblies

by Luther Stearns Cushing

[49]. A petition, in order to be received, should be subscribed by the petitioner himself, with his own hand, either by name or mark, except in case of inability from sickness, or because the petitioner is attending in person; and should be presented or offered, not by the petitioner himself, but by some member to whom it is intrusted for that purpose.

[50]. The member, who presents a petition, should previously have informed himself of its contents, so as to be able to state the substance of it, on offering it to the assembly, and also to be prepared to say, if any question should be made, that in his judgment it is couched in proper language, and contains nothing intentionally disrespectful to the assembly.

[51]. Being thus prepared, the member rises [p38] ]in his place, with the petition in his hand, and informs the assembly that he has a certain petition, stating the substance of it, which he thereupon presents or offers to the assembly, and, at the same time, moves (which, however, may be done by any other member) that it be received; the motion being seconded, the question is put whether the assembly will receive the petition or not. This is the regular course of proceeding; but, in practice there is seldom any question made on receiving a petition; the presiding officer usually taking it for granted, that there is no objection to the reception, unless it be stated. If, however, any objection is made to a petition, before it has been otherwise disposed of, the presiding officer ought

to retrace his steps and require a motion of reception to be regularly made and seconded.

[52]. If the question of reception is determined in the affirmative, the petition is brought up to the table by the member presenting it; and is there read as of course by the clerk. It is then regularly before the assembly, to be dealt with as it thinks proper; the usual course being either to proceed to consider the subject of it immediately, or to assign some future time for its consideration, [p39] ]or to order it to lie on the table for the examination and consideration of the members individually.

[53]. Whenever a member introduces a proposition of his own, for the consideration of the assembly, he puts it into the form he desires it should have, and then moves that it be adopted as the resolution, order, or vote of the assembly. If this proposition so far meets the approbation of other members, that one of them rises in his place and seconds it, it may then be put to the question; and the result, whether affirmative or negative, becomes the judgment of the assembly.

[54]. A motion must be submitted in writing; otherwise the presiding officer will be justified in refusing to receive it; he may do so, however, if he pleases, and is willing to take the trouble himself to reduce it to writing. This rule extends only to principal motions, which, when adopted, become the act and express the sense of the assembly; but not to subsidiary or incidental motions[Footnote 7] ] which merely enable the assembly to dispose of the former [p40] ]in the manner it desires, and which are always in the same form. In the case of a motion to amend, which is a subsidiary motion, the rule admits of an exception, so far as regards the insertion of additional words, which, as well as the principal motion, must be in writing.

[55]. A motion must also be seconded, that is, approved by some one member, at least, expressing his approval by rising and saying, that he seconds the motion; and if a motion be not seconded, no notice whatever is to be taken of it by the presiding officer; though, in practice, very many motions, particularly those which occur in the ordinary routine of business, are admitted without being seconded. This rule applies as well to subsidiary as principal motions. The seconding of a motion seems to be required, on the ground, that the time of the assembly ought not to be taken up by a question, which, for anything that appears, has no one in its favor but the mover. There are some apparent exceptions to this rule, which will be stated hereafter, in those cases, in which one member alone has the right of instituting or giving direction to a particular proceeding; and an actual exception is sometimes made by a special rule, [p41] ]requiring certain motions to be seconded by more than one member.

[56]. When a motion has been made and seconded, it is then to be stated by the presiding officer to the assembly, and thus becomes a question for its decision; and, until so stated, it is not in order for any other motion to be made,[Footnote 8] ] or for any member to speak to it; but, when moved, seconded, and stated from the chair, a motion is in the possession of the assembly, and cannot be withdrawn by the mover, but by special leave of the assembly, which must be obtained by a motion made and seconded as in other cases.

[57]. When a motion is regularly before the assembly, it is the duty of the presiding officer to state it if it be not in writing, or to cause it to be read, if it be, as often as any member [p42] ]desires to have it stated or read for his information.