[83]. A proposition, in order to be divisible, must comprehend points so distinct and entire, that, if one or more of them be taken away, the others may stand entire and by themselves; but a qualifying paragraph, as, for example, an exception or a proviso, if separated from the general assertion or statement to which it belongs, does not contain an entire point or proposition.
Sect. II. Filling Blanks.
[84]. It often happens, that a proposition is introduced with blanks purposely left by the mover to be filled by the assembly, either with times and numbers, or with provisions analogous to those of the proposition itself. In the latter case, blanks are filled in the same way, that other amendments by the insertion of words are made. In the former, propositions to fill blanks are not considered as amendments to the question, but as original motions, to be made and decided before the principal question.
[85]. When a blank is left to be filled with a [p58] ]time or number, motions may be made for that purpose, and the question taken on each by itself, and before another is made; or several motions may be made and pending before any of them are put to the question. This last mode of proceeding, which is the most usual as well as convenient, requires that the several propositions should be arranged, and the question taken on them, in such order as will the soonest and with the most certainty enable the assembly to come to an agreement.
[86]. In determining upon the order to be adopted, the object is not to begin at that extreme, which and more being within every man’s wish, no one can vote against it, and, yet, if it should be carried in the affirmative, every question for more would be precluded; but, at that extreme, which will be likely to unite the fewest, and then to advance or recede, until a number or time is reached, which will unite a majority.
[87]. Hence, when several different propositions are made for filling blanks with a time or number, the rule is, that if the larger comprehends the lesser, as in a question to what day a postponement shall take place,—the [p59] ]number of which a committee shall consist,—the amount of a fine to be imposed,—the term of an imprisonment,—the term of irredeemability of a loan,—or the terminus in quem in any other case, the question must begin a maximo, and be first taken upon the greatest or farthest, and so on to the least or nearest, until the assembly comes to a vote: But, if the lesser includes the greater, as in questions on the limitation of the rate of interest,—on the amount of a tax,—on what day the session of a legislative assembly shall be closed, by adjournment,—on what day the next session shall commence,—or the terminus a quo in any other case, the question must begin a minimo, and be first taken on the least or nearest, and so on to the greatest or most remote, until the assembly comes to a vote.
[p60]
]Sect. III. Addition,—Separation, Transposition.
[88]. When the matters contained in two separate propositions might be better put into one, the mode of proceeding is to reject one of them, and then to incorporate the substance of it with the other by way of amendment. A better mode, however, if the business of the assembly will admit of its being adopted, is to refer both propositions to a committee, with instructions to incorporate them together in one.
[89]. So, on the other hand, if the matter of one proposition would be more properly distributed into two, any part of it may be struck out by way of amendment, and put into the form of a new and distinct proposition. But in this, as in the former case, a better mode would generally be to refer the subject to a committee.