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APPENDIX.

OF THE YEAS AND NAYS.

226. The mode of taking the question by yeas and nays is of American origin, and is in principle limited to American legislative bodies. The only design of it is to hold members accountable to their constituents. It is doubtful, therefore, whether it legitimately holds a place in assemblies not legislative. Certain it is that it is inexpedient to call for the yeas and nays in religious bodies. In many cases it would tend to perpetuate divisions that would otherwise be but temporary.

227. When the question is taken in this way, it is stated on both sides at once, in some such way as this: "Those in favor of the proposition will, when their names are called, answer yes; those opposed will, when their names are called, answer no." The clerk then calls the roll, and notes each man's answer in connection with his name. When the roll is gone through with, he will read over first the names in the affirmative, and then those in the negative, that errors, if any, may be corrected. The number then on each side is reported to the presiding officer, and by him announced to the assembly; and the result is declared.

228. As has been already said, in all such cases where the question is put first on one side and then on the other, it is allowable for members to obtain the floor and debate the proposition, even after the affirmative vote has been given, and up to the time when the negative side of the question is put. But in the case of the yeas and nays, where the affirmative and negative vote proceed pari passu, it is out of order to renew the debate after the first vote has been given.

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229. Every member is under obligation to vote unless excused by the assembly. No member, after the yeas and nays have been called, is permitted to change his vote unless he asserts that he voted by mistake. This is the general rule; but in some of our legislative bodies, members are permitted to change their votes, even after the business is disposed of; provided such change does not affect the general result. No one is permitted to vote after the result is declared by the chair. Finally, no one can call for the yeas and nays on a particular vote after business has progressed beyond the point of that vote.

"Mr.

United States House of Representatives, Jan. 23, 1852. Daniel moved that the house resolve itself into a committee of the

whole for the consideration of private bills. And the question being put on the latter motion, it was decided in the negative. The Speaker had announced the result of the last vote, and was in the act of putting the question on the motion submitted by Mr. Houston, when Mr. Cabell demanded the yeas and nays on the motion submitted by Mr. Daniel. The Speaker decided that the demand came too late, as the motion had passed from before the house. From this decision of the chair Mr. Cabell appealed." The decision of the chair was sustained. Same session, Aug. 28. "Mr. G. W. Jones arose and asked that his name might be recorded upon the several yea and nay votes taken while he was absent upon the Committee of Conference. Objection being made thereto, the Speaker decided that it was not competent, under the rules, for the gentleman to have his name recorded. From this decision of the chair Mr. G. W. Jones appealed; when, on motion of Mr. Stanley, it was Ordered, that the appeal be laid on the table. So the decision of the chair was sustained.'

230. The number of members competent to demand that a question be taken by yeas and nays is decided-for Congress and for State Legislatures by constitutional provision. In the constitution of the United States the number is one-fifth. Some of the State constitutions give this power to one-fifth; some, to three members; some, to two; and some, to one. In all deliberative bodies, whose constitution or whose rules prescribe nothing on the subject, yeas and nays can be ordered only by the majority, ascertained by motion, question, and vote.

the

PROTESTS.

231. All the legislative assemblies in this country admit the right of their members to protest against any measure, and to enter their reasons therefor upon the journal. In some of the States, this right is expressly secured and regulated by constitutional provision. Some grant it to two members, and some even to one. But in all deliberative assemblies that have no rule or constitutional provision on the subject, members can enter their protests on the minutes only by the consent of a majority, ascertained by motion, question, and vote.

INDEX.

ADJOURNMENT takes precedence of all other motions,

if decided in negative, when it can be renewed,
in what form it is debatable,

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the effect of the vote simply to adjourn, and to adjourn
sine die, respectively,

AMENDMENT, three ways to amend,

167

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168

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118

119

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how to proceed when propositions consist of several
paragraphs, etc.,

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enemies by it may change the meaning of propositions, 120
chair may not rule out on the ground of inconsistency, 121
amendment to amendment,

when amendment is pending, motions to amend must
be limited to it,

effect of motion to strike words out of amendment,
when words are out of reach of further amendment,
when, however, the same words may be struck out,
mode of proceeding in striking out or inserting,
third form of amending,

the amendments that can be made after the motion to
strike out and insert has been lost,

122

123

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124

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effect of a refusal to strike out a paragraph,
effect of a failure of motion to substitute,

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mode of proceeding on a motion to strike out and insert, 133
correction of minutes,

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on appeals the presiding officer can take part in debate, 155
out of order to speak without appeal,

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. 187

. 153

in debating, members speak but once,
manner in which the appeal is stated by the chair,
BLANKS, filling of, with times or numbers, rule for, 140, 141

COMMITTEES, definition and design of,

different kinds of, standing and select,

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usually those favorable to the body of a proposition to

manner of appointing,

be appointed on,

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committee cannot act without a quorum,

COMMITTEES (continued).

the number of members, how ascertained, and how
voted on,.

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first named to be the mover, and, by courtesy, the
chairman,

the majority of the committee, composed of whom,
how notified of their appointment,

202

202

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203

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204

205

time and place for committee to meet,

206

207

how to proceed if the paper has originated with it,

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minority report, how to proceed,

216

217

218

and how if it has been referred,

when the committee has completed its labors,

their report, how presented,

when motion is made to adopt,

report liable to amendment,

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after discharged, may be revived,

what, in the case of instructions, and what, when the

committee of the whole, how constituted, and the
design of it,

particulars in which it differs from the assembly
proper, and from other committees,

218, 219

manner of proceeding in resolving into committee of
the whole,

quorum same as in assembly,

when committee have gone through with business,
when the business has not been completed, how,
the secretary to record what,

COMMITMENT, when to be made,

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when there are two motions, one to refer to a standing
and another to a select committee, the question to
be put on the former first,

on motion to refer, the merits of the question not to
be discussed,

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commitment of same grade as postponement and pre-
vious question,

CREDENTIALS, necessary,

in legislative bodies, how ascertained,

in the case of occasional constituent bodies,

principle applicable to religious constituent assem-
blies,

convenient mode of inquiring into,

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