of opinion, and to avoid the serious difficulties always
arising from a lack of definiteness in the law, every deliberative
assembly should imitate our legislative bodies in adopting Rules of
Order for the conduct of their business.* [Where the practice of
Congress differs from that of Parliament upon a material point, the
common law of this country follows the practice of Congress. Thus in
every American deliberative assembly having no rules for conducting
business, the motion to adjourn would be decided to be undebatable, as
in Congress, the English parliamentary law to the contrary
notwithstanding; so if the Previous Question were negatived, the debate
upon the subject would continue as in Congress, whereas in Parliament
the subject would be immediately dismissed; so too the Previous Question
could be moved when there was before the assembly a motion either to
amend, to commit, or to postpone definitely or indefinitely, just as in
Congress, notwithstanding that, according to English parliamentary law,
the Previous Question could not be moved under such circumstances.
When the rules of the two Houses of Congress conflict, the H. R. rules
are of greater authority than those of the Senate in determining the
parliamentary law of the country, just as the practice of the House of
Commons, and not the House of Lords, determines the parliamentary law of
England. For instance, though the Senate rules do not allow the motion
for the Previous Question, and make the motion to postpone indefinitely
take precedence of every other subsidiary motion [Sec. 7] except to lie on
the table, yet the parliamentary law of the land follows the practice of
the House of Representatives, in recognizing the Previous Question as a
legitimate motion, and assigning to the very lowest rank the motion to
postpone indefinitely. But in matters of detail, the rules of the House
of Representatives are adapted to the peculiar wants of that body, and
are of no authority in any other assembly. No one for instance would
accept the following H. R. rules as common parliamentary law in this
country: That the chairman, in case of disorderly conduct, would have
the power to order the galleries to be cleared; that the ballot could
not be used in electing the officers of an assembly; that any fifteen
members would be authorized to compel the attendance of absent members
and make them pay the expenses of the messengers sent after them; that
all committees not app