[229]. The words objected to being thus written down, and forming a part of the minutes in the clerk’s book, they are next to be read to the member who was speaking, who may deny that those are the words which he spoke, in which case, the assembly must decide by a question, whether they are the words or not.[Footnote 31] ] If he does not deny that he spoke those words, or when the assembly has itself determined what the words are, then the
member may either justify them, or explain the sense in which he used them, so as to remove the objection of their being disorderly; or he may make an apology for them.
[230]. If the justification, or explanation, or apology, of the member, is thought sufficient by the assembly, no further proceeding is necessary; the member may resume and go on with his speech, the assembly being [p123] ]presumed, unless some further motion is made, to be satisfied; but if any two members (one to make and the other to second the motion) think it necessary to state a question, so as to take the sense of the assembly upon the words, and whether the member in using them has been guilty of any offence towards the assembly, the member must withdraw before that question is stated; and then the sense of the assembly must be taken, and such further proceedings had in relation to punishing the member, as may be thought necessary and proper.
[231]. The above is the course of proceeding established by the writers of greatest authority,[Footnote 32] ] and ought invariably to be pursued; it might however be improved, by the member who objects to words writing them down at once, and thereupon moving that they be made a part of the minutes; by which means, the presiding officer would be relieved from the responsibility of determining, in the first instance, upon the character of the words.
[232]. If offensive words are not taken notice [p124] ]of at the time they are spoken,[Footnote 33] ] but the member is allowed to finish his speech, and then any other person speaks, or any other matter of business intervenes, before notice is taken of the words which gave offence, the words are not to be written down, or the member using them censured. This rule is established for the common security of all the members; and to prevent the mistakes which must necessarily happen, if words complained of are not immediately reduced to writing.
[Footnote 25:] An exception to this rule is sometimes made in favor of the mover of a question, who is allowed, at the close of the debate, to reply to the arguments brought against his motion; but this is a matter of favor and indulgence, and not of right.] [Return to text]
[Footnote 26:] Sometimes a member, instead of proposing his motion, at first, proceeds with his speech; but in such a case, he is liable to be taken down to order, unless he states that he intends to conclude with a motion, and informs the assembly what that motion is, and then he may be allowed to proceed.] [Return to text]
[Footnote 27:] In legislative bodies, it is usual to provide, that certain questions as, for example, to adjourn, to lie on the table, for the previous question, or, as to the order of business, shall be decided without debate.] [Return to text]
[Footnote 28:] “In the latter event, the member will rise, and addressing himself to the presiding officer, will say, ‘I rise to a point of order.’ When requested by the chair to state it, he will specify the thing he objects to. If the chair rules that the member is out of order in his remarks, and no appeal is taken from the decision, he will abandon the line of remark condemned, and, if permitted, proceed in order.
“Should an appeal be taken, it will be decided without debate.”—Ed.] [Return to text]