[132]. It is a mode of defeating a proposition, somewhat similar to that above mentioned, to carry out or extend the principle of it, by [p78] ]means of amendments, so as to show the inconvenience, absurdity, or danger of its adoption, with such evident clearness, that it becomes impossible for the assembly to agree to it. Thus, a motion having been made in the house of commons, “for copies of all the letters written by the lords of the admiralty to a certain officer in the navy,” it was moved to amend the motion by adding these words:—“which letters may contain orders, or be relative to orders, not executed, and still subsisting.” This amendment being adopted, the motion as amended was unanimously rejected.
[133]. It will be seen, from the foregoing examples, that as the mover of a proposition is under no restriction as to embracing incongruous matters under the same motion; so, on the other hand, the assembly may engraft upon a motion, by way of amendment, matter which is not only incongruous with, but entirely opposed to, the motion as originally introduced; and, in legislative assemblies, it is not unusual to amend a bill by striking out all after the enacting clause, and inserting an entirely new bill; or to amend a resolution by striking out all after the words “Resolved [p79] ]that,” and inserting a proposition of a wholly different tenor.
[Footnote 13:] The above is the rule as laid down by Mr. Jefferson (§ 33), and holds where it is not superseded by a special rule, which is generally the case in our legislative assemblies; as, for example, in the senate of the United States, the rule is, that in filling blanks, the LARGEST sum and LONGEST time shall be first put. In the house of commons, in England, the rule established by usage is, that the SMALLEST sum and the LONGEST time shall be first put.] [Return to text]
[Footnote 14:] The common, if not the only, mode of stating the question, in the legislative assemblies of this country, is on “striking out.”] [Return to text]
[Footnote 15:] This is the common case of striking out a paragraph, after it has been amended by inserting words.] [Return to text]
[Footnote 16:] Mr. Jefferson (§ xxxv.) says, “the question, if desired, is then to be divided,” etc.; but, as he makes no exception of a motion to strike out and insert, when treating of the subject of division, and does not here state it as an exception, he undoubtedly supposes the division in this case to be made in the regular and usual manner.] [Return to text]
[Footnote 17:] This mode of defeating a measure, however, is not always successful. In 1780, Mr. Dunning having made a motion, in the house of commons “that, in the opinion of this house, the influence of the crown has increased, is increasing, and ought to be diminished,” Dundas, lord-advocate of Scotland, in order to defeat the motion, proposed to amend, by inserting, after the words, IN THE OPINION OF THIS HOUSE, the words IT IS NOW NECESSARY TO DECLARE THAT, ETC. But this amendment, instead of intimidating the friends of the original motion was at once adopted by them, and the resolution passed as amended.] [Return to text]
CHAPTER X.
OF THE ORDER AND SUCCESSION OF QUESTIONS.
[134]. It is a general rule, that, when a proposition is regularly before a deliberative assembly, for its consideration, no other proposition or motion can regularly be made or arise, so as to take the place of the former, and be first acted upon, unless it be either, first, a privileged question; secondly, a subsidiary question; or, thirdly, an incidental question or motion.