founded in and embracing all the essential rules of the common parliamentary law.

12. The rules of proceeding, in each state, being of course best known by the citizens of that state, it has sometimes happened in deliberative assemblies, that the proceedings have been conducted not merely according to the general parliamentary law, but also in conformity with the peculiar system of the state in which the assembly was sitting, or of whose citizens it was composed. This, however, is erroneous; as no occasional assembly can ever be subject to any other rules, than those which are of general application, or which it specially adopts for its own government; and the rules adopted and practised upon by a legislative assembly do not thereby acquire the character of general laws.

13. The judgment, opinion, sense, or will of a deliberative assembly is expressed, according to the nature of the subject, either by a resolution, order, or vote. When it commands, it is by an order; but facts, principles, its own opinions, or purposes, are most properly expressed in the form of a resolution; the term vote may be applied to the result of every question decided by the assembly. In what

ever form, however, a question is proposed, or ly whatever name it may be called, the mode of proceeding is the same.

14. The judgment or will of any number of persons. considered as an aggregate body, is that which is evidenced by the consent or agreement of the greater number of them; and the only mode by which this can be ascertained, in reference to any particular subject, ⚫ is, for some one of them to begin by submitting to the others a proposition, expressed in such a form of words, that, if assented to by the requisite number, it will purport to express the judgment or will of the assembly. This proposition will then form a basis for the further proceedings of the assembly; to be assented to, rejected, or modified, according as it expresses or not, or may be made to express, the sense of a majority of the members. different proceedings which take place, from the first submission of a proposition, through all the changes it may undergo, until the final decision of the assembly upon it, constitute the subject of the rules of debate and proceeding in deliberative assemblies.

The

15. If the proceedings of a deliberative as sembly were confined to the making of propo

sitions by the individual members, and their acceptance or rejection by the votes of the assembly, there would be very little occasior for rules in such a body. But this is not the case. The functions of the members are not limited to giving an affirmative or negative to such questions as are proposed to them. When a proposition is made, if it be not agreed to or rejected at once, the assembly may be unwilling to consider and act upon it at all; or it may wish to postpone the consideration of the subject to a future time; or it may be willing to adopt the proposition with certain modifications; or, lastly, approving the subjectmatter, but finding it presented in so crude, imperfect, or objectionable a form, that it cannot in that state be considered at all, the assembly may desire to have the proposition further examined and digested, before being presented. In order to enable the assembly to take whichever of the courses above in. dicated it may think proper, and then to dispose of every proposition in a suitable manner. certain motions or forms of question have been invented, which are perfectly adapted for the purpose, and are in common use in all delibera tive assemblies.

CHAPTER I.

OF CERTAIN PRELIMINARY MATTERS

16 Before entering upon the subject of the forms and rules of proceeding, in the transaction of business, it will be convenient to consider certain matters of a preliminary nature, which are more or less essential to the regularity, despatch, and efficiency of the proceedings.

17. In all councils, and other collective bodies of the same kind, it is necessary, that a certain number, called a quorum, of the members, should meet and be present, in order to the transaction of business. This regulation has been deemed essential to secure fairness of proceeding; and to prevent matters from being concluded in a hasty manner, or agreed to by so small a number of the members, as not to command a due and proper respect.

18. The number necessary to constitute a quorum of any assembly may be fixed by law.

As is the case with most of our legislative assemblies; or by usage, as in the English house of commons; or it may be fixed by the assembly itself; but if no rule is established on the subject, in any of these ways, a majority of the members composing the assembly is the requisite number.

19. No business can regularly be entered upon until a quorum is present; nor can any business be regularly proceeded with when it appears that the members present are reduced below that number; consequently, the presiding officer ought not to take the chair until the proper number is ascertained to be present; and if, at any time, in the course of the proceedings, notice is taken that a quorum is not present, and, upon the members being counted by the presiding officer, such appears to be the fact, the assembly must be immediately adjourned.

SECT. II. RULES AND ORDERS.

20. Every deliberative assembly, as has already been observed, is, by the fact alone of its existence, subject to those rules of proceeding, without which it could not accorplish the purposes of its creation. It may als pro.