A DIGEST

OF

PARLIAMENTARY LAW.

ADHERE, MOTION TO.

1. The questions respecting amendments from the other House are: 1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere; and take precedence in that order. See AMENDMENTS BETWEEN THE TWO HOUSES.

2. In the ordinary parliamentary course, there are two free conferences, at least, before an adherence, and sometimes three or four 2 Although "either House is free to pass over the term of insisting, and to adhere in the first instance; it is not respectful to the other." 3

3. It is not unparliamentary to adhere upon the first free conference.

4. Adherence is never delivered at a free conference which implies debate.5

5. A conference may take place after a vote of adherence by one House.

6. After one House has adhered, the other may recede,' or

1 H. Jour. I. 23. 229; I. 34. 15161518.

2 Ibid. I. 34. 943; I. 35. 1136.

3 10 Grey's Debates 146.

+ Ibid.

5 Ibid. 147.

6 H. Jour. I. 3. 281, 283; II. 3. 254; I. 34. 1600, 1602; I. 35. 604-615, 620. Sen. Jour., 20 Jan. 1834.

7 H. Jour. I. 1. 113, 114; I. 2. 152; I. 8. 671, 673.

ask a conference which may be agreed to by the adhering House.1

7. Although the House may refuse to adhere, it is necessary to move in a separate resolution to recede from either an amendment, or disagreement. See CONFERENCE.

8. If the House request a conference after the Senate has adhered to its amendments, to which the House had previously disagreed, the Senate has a right to refuse such conference ; but it is usually esteemed more respectful, and more conducive to that good understanding, and harmonious intercourse between the Houses, to accede to requests for conferences even after an adhering.

9. A vote to adhere may be reconsidered. See RECONSIDER, MOTION TO; AMENDMENTS BETWEEN THE TWO HOUSES.

10. It is in order to reconsider a vote of adherence of the House to their disagreement to an amendment proposed by the Senate, and after reconsideration to add a new proviso.6

11. After each House shall have adhered to their disagreement, a bill or resolution shall be lost.

ADJOURN, MOTION TO.

12. A motion to adjourn, and a motion to fix the day to which the House shall adjourn, shall be always in order, and these motions shall be decided without debate. It has been decided and acted upon that the motion "to fix the day to which the House shall adjourn" takes precedence of a motion "to adjourn;" the reason being that, before the House adjourns, it is proper to fix the time to which it shall adjourn; but when less than a quorum is present no motion can be entertained, except to adjourn, or for a call of the House." Consequently, at such a time, the motion to adjourn would take precedence.3

1 H. Jour. I. 1. 156, 157; I. 3. 281, 283; I. 35. 604, 615, 620.

2 Cong. Man. 62, 103.

4

5 H. Jour. I. 106, 107.

6 Jour. of Cong. 1786, Sept. 11.

7 H. Jour. I. 29. 356. May 172. 2

3 S. Jour., 20 Jan. 1834. Cong. M. 67. 8 Barclay 8.

[Hats. 82.

13. "A motion for adjournment cannot be made while another is speaking." But, according to the practice, a member speaking may yield for a motion to adjourn, or that the committee rise, without losing his right to the floor when the subject is resumed.1

14. A motion to adjourn cannot be received after another question is actually put, and while the House is engaged in voting.2

15. It is in order for the Speaker, after the House has voted, and before the vote is announced, to entertain a motion, that the House adjourn to a particular day.3

16. The motion to fix the particular day to which the House shall adjourn, may be repeated, though it has been voted down the same day.*

17. A motion to adjourn is not in order whilst the question is pending, on seconding the demand for the previous question.5

18. A motion to adjourn is in order during the pendency of a question of order, which a member, in rightful possession of the floor, was interrupted, to raise.

19. A motion to adjourn, simply, must be put immediately," "that this House do now adjourn;" not by way of amendment to the original question, but as a distinct question, which interrupts and supersedes that already under consideration; and if carried in the affirmative, it is adjourned to the next sitting day, unless it has come to a previous resolution, "that at its rising it will adjourn to a particular day," and then the House is adjourned to that day.

8

20. This motion will not take precedence of the question pending, if it is made to a particular day, or for any specified time, unless first moved as an amendment to the original question, and substituted therefor by a vote of the House."

1 H. Jour. I. 24. 749. Reg. of Deb. 9. I., 462. 3 Cong. Globe 264; 8 Ibid. 290, 510; 16 Ibid. 773. Jeff. Man. 2 20.

2 Jeff. Man. 33.

3 H. Jour. I. 26. 266.

Ibid. I. 35. 232, 309, 340.

5 10 Cong. Globe 226.

6 Ibid. 3. 265.

7 16 Parl. His. 1311.

8 2 Hats. 82. May 172. Jeff, Man. 250.

9 C. L. & P. 1391.

Such a motion can only be made when resolutions are in order1 (or under a suspension of the rules when in order).

21. A motion to adjourn is an independent motion, and if made pending any question is not susceptible of amendment as to time and place, because, if it could be so amended, it would have some other purpose in view than to break up the present sitting, and would consequently become irregular and disorderly.3 It be taken by yeas and nays.

may

22. On a motion to adjourn sine die, it is usual to order the yeas and nays.

23. This motion cannot succeed itself, but some legislation must intervene.5

24. If it is desirable to avoid a decision on any measure, or upon the original question, the practice is to move alternately that "this House do now adjourn," and that, "the debate be now adjourned."

996

"Yet members who only desire to enforce the continuance of the debate on another day often vote for an adjournment of the House, which, if carried, would supersede the question which they are prepared to support." The former, if carried, supersedes the pending question. The latter, defers the decision of the House.

66

'Suppose a question to be opposed by a majority, and that the minority are anxious for an adjournment of the debate, but that on the failure of a question proposed by them to that effect, they vote for an adjournment of the House; the majority have only to vote with them, and carry the adjournment, when the obnoxious question is disposed of at once, and its supporters have themselves contributed to its defeat."

25. A motion to adjourn debate, is not regular, on the question that the "order of the day" be read," nor until the subject is proceeded with.

26. On resuming an adjourned debate, a motion may then be made for its withdrawal, or to suppress it by the previous question;1 and a member may speak to these motions, though he may have spoken to the original question, for they are secondary questions.

27. The House may adjourn during pleasure, in order that business may be suspended for a short time."

28. If a question be put for adjournment, it is no adjournment till the Speaker pronounces it. Nor is the House to be adjourned by the Speaker without its own consent.*

29. It is not in order to reconsider a vote on a motion to adjourn.5

30. A motion for a recess is not in order in the absence of a quorum. See QUORUM.

31. It is the undoubted privilege of the House of Commons to adjourn themselves, whether the King's pleasure is signified by himself in person, or by his command, or by commission."

32. The King has no authority to adjourn the Parliament, but can only signify his desire.

33. When the Parliament meets on the day to which it has been prorogued, it is irregular for them to proceed to do any business whatever till the cause of summons has been declared, and the session opened by the King, or persons authorized by him. If the King does not come in person, or send a commission for opening the session, or proroguing the Parliament, the House ought to do nothing but adjourn to a future day.9

34. A motion to be excused from voting on a motion to adjourn is not in order. 10

35. A resolution of adjournment of Congress is always regarded as a privileged question, when the House is not. engaged in the consideration of other business."1