Obrázky stránek
PDF
ePub

it is made; but individuals of the nation are not responsible for its violation before they have had due notice of it. And for all prizes taken after the time of its commencement, the government is bound to make restitution. During the cessation of hostilities, each party may, within his own territories, continue his preparations for war, without being chargeable with a breach of good faith.

§ 17. Safe conducts and passports are written licenses insuring safety to persons in passing and repassing, or insuring a safe passage of property. The right to grant safe conducts rests in the supreme authority of a state; but the right is either expressly delegated to subordinate officers, or they derive it from the nature of their trust. If a person suffers damage by a violation of his passport, he is entitled to indemnity from him who promised security.

§ 18. War is generally terminated, and peace secured, by treaties, called treaties of peace. The manner of making treaties has been described. (Chap. XL, § 5.) A treaty of peace puts an end to the war, and leaves the contracting parties no right to take up arms again for the same cause. Hence, the parties agree to preserve "perpetual peace," which, however, relates only to the war which the treaty terminates; but does not bind either party never to make war on the other for any cause that may thereafter arise.

19. The contracting parties to a treaty of peace are bound by it from the time of its conclusion, which is the day on which it is signed; but, as in the case of a truce, persons are not held responsible for any hostile acts committed before the treaty was known; and their government is bound to order and to enforce the restitution of property captured subsequently to the conclusion of the treaty.

§ 20. War is sometimes terminated by mediation. A friend to both parties, desirous of stopping the destruction of human life, kindly endeavors to reconcile the parties. The friendly sovereign who thus interposes, is called mediator. Many desolating wars might have been early arrested in this way, had there always been among friendly powers generally a disposition to reconcile contending nations.

PARLIAMENTARY RULES

CHAPTER LXIV.

NECESSITY OF RULES OF PROCEEDING IN DELIBERATIVE BODIES; ORGANIZATION OF AN ASSEMBLY; DUTIES OF ITS OFFICERS; RIGHTS AND DUTIES OF MEMBERS.

§ 1. Ir must be apparent, upon the slightest consideration, that no deliberative assembly, consisting of any considerable number of persons, can transact business with facility or dispatch, without some established rules of proceeding. Their deliberations would almost unavoidably be protracted by needless debate; action upon any subject would be liable to interruption; and perhaps the assembly, incapable of preserving order, would break up in confusion.

§ 2. Hence, it has become the universal practice of political conventions and other assemblages for deliberative purposes, to observe some rules for conducting their deliberations. These rules are in all bodies nearly the same; so far, at least as the character of different meetings will admit; and, like many other institutions in this country, have come to us from England. From their having been origi nally adopted and practiced by the British parliament, they are called parliamentary rules; and the same term is still used, whether applied to the rules of legislative bodies, or to those of meetings for other purposes.

3. These rules have been adopted by all legislative assemblies in this country, with such alterations and additions only as have been found necessary to adapt them to the peculiar circumstances of each assembly. And so far as they admit of general application, they regulate the proceedings of all public meetings. As every citizen has occasion to participate in public business, and as a large portion of the citizens are at times called upon to preside at meetings of some kind, a compendium of the principal rules of parliamentary practice, will, it is believed, add essen

tial value to this "Manual," and will not be deemed incompatible with its design.

4. Before an assembly proceeds to business, it must be duly organized; that is, it must be put into a suitable form for the transaction of business. It is done thus: One of the members of the meeting requests the others to come to order. The members having become seated, he requests them to nominate (name) some person to act as chairman. This being done, he declares that such person has been nominated, and puts the question, that the person named be requested to take the chair.

$5. It is not unusual for the person himself who calls the meeting to order, both to nominate a candidate for the chair, and to put the question to vote. Should the question be decided in the negative, (which, however, is seldom the case,) another person is nominated and the question is taken, until a choice is made. The person chosen to serve as chairman takes the chair, and proceeds to complete the organization of the meeting, by the election of a clerk, or secretary, in the same manner, and such other officers as the assembly shall think proper to appoint.

§ 6. When large conventions are assembled, and the importance of the business to be transacted seems to require a more deliberate choice of officers, the person calling the convention to order sometimes announces, that the organization is intended to be temporary, and preparatory to a permanent organization. And after such temporary organization, a committee is appointed to make a selection of persons as permanent officers of the meeting; who are generally a president, one or more vice-presidents, and one or more secretaries.

7. The business of a vice-president is to take the chair in the absence of the president from the meeting, or when he leaves the chair to take part in the proceedings as an ordinary member. When, as is often the case at large conventions, a number of supernumerary vice-presidents and secretaries are chosen, it is done chiefly to give consequence and dignity to the meeting.

§ 8. In deliberative bodies composed of delegates chosen in the several towns, counties, or districts, to represent the people of these localities, it is necessary to ascertain before proceeding to business, who have been chosen as mem

bers, that those only who are authorized may, take part in the proceedings, and that a list of the members may be made for the use of the meeting and its officers. A proper time for this investigation, is before the permanent organization, if the meeting was not permanently organized in the first instance.

§ 9. Sometimes also before, or immediately after, the permanent organization, besides the committee appointed to select permanent officers, committees are also appointed to arrange and report the order of business, and to fix the times for reassembling after adjournment; to prepare resolutions, and perhaps an address, to be presented to the meeting for consideration; and for such other purposes as may be deemed necessary. These committees are thus early appointed, that there may be no unnecessary delay in proceeding to business when the convention shall have become permanently organized. Legislative bodies have standing rules for the order of business, which are adopted by each successive legislature, and seldom with any essential alteration.

§ 10. Legislative assemblies can not do business without the presence of a quorum. The number of members constituting a quorum, is fixed by the constitution or by law. As ordinary public meetings are not to consist of any definite number of persons, it can not be known what number of members constitute a quorum. Hence, the business of such meetings is generally commenced, and from time to time resumed, after waiting a reasonable time for the attendance of members, without reference to any particular number.

§ 11. The principal duties of a presiding officer, are the following: To open each sitting by taking the chair, and calling the members to order; to announce to the assembly the business in order; to receive all communications, messages, motions, and propositions, and put to vote all questions which are to be decided by the assembly, and declare the result; to enforce the rules of order, and the observance of decorum among the members. The presiding officer may read sitting, but should rise to state a motion, or put a question. In many, especially small bodies, the formality of rising is more frequently dispensed with.

§ 12. It is the duty of a clerk or secretary, to take notes

of all the acts and proceedings of the meeting; to read all papers that may be ordered to be read; to call the roll of the assembly, and record the votes when necessary; to notify committees of their appointment and of the business referred to them; and to take charge of all papers and documents belonging to the assembly.

§ 13. It is the duty of every member to treat all other members with respect and decorum. In general, whispering or speaking to each other; standing up to the interruption of others; walking across the room, and especially passing between the presiding officer and a member speaking; to enter the room, or to remove from place to place, with hats on; are all violations of the rules of decorum. But to disturb each other by hissing, intentional coughing, spitting, or otherwise, is an aggravated breach of decorum, of which no member having a proper respect for himself or the assembly, will be guilty.

§ 14. It is the right of any member, and the special duty of the presiding officer, to call the attention of the assembly to any instance of disorderly conduct. A member charged with an offense against the assembly has a right to vindicate himself from the charge, and having been heard, he is to withdraw, unless, on his offering to withdraw, the assembly allows him to remain.

§ 15. No member, when his private interests, or his conduct as a member, are involved in a question under debate, ought to be present after having been heard in exculpation; but if he should remain, he should not be allowed to vote; or, if he should vote, his vote ought to be disallowed. The laws of decency, the honor of the assembly, and the rule that no man is to be judge in his own case, alike forbid the allowance of such vote.

« PředchozíPokračovat »