Previous Question
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
There are several motions which give rise to questions previous in their nature to other questions to which they relate; but the term " previous " has been applied exclusively to a motion denominated the previous question, which has for its object the suppression of a principal motion or question. This motion was introduced into the house of commons of England more than two centuries ago, for the purpose of suppressing subjects of a delicate nature relating to high personages, or the discussion of which might call forth observations of an injurious tendency. When first made use of, the form of the motion was: shall the main question he put ? And the effect of a decision of it in the negative was to suppress the main question for the whole session. The form was afterwards changed to that which it has at present; viz., shall the main question he now put f And the effect of a negative decision of it, now, is to suppress the main question for the residue of the day only. But the previous question may be decided in the affirmative as well as the negative; that is, that the main question shall now be put, — in which case that question is to be put immediately, without any further debate, and in the form in which it then exists. This operation of the previous question (when ordered) has led to a use of it for the purpose of suppressing debate on a principal question, and coming to a vote upon it immediately; and this is ordinarily the only object of the previous question, as made use of in the legislative assemblies of the United States. The operation of a negative decision is different in different assemblies: in some, it disposes of the main question by suppressing it, or removing it from before the house for the day; in others, it leaves the main question under debate, to be disposed of in some other manner. In England, the previous question is used only for suppressing a main question. The object of the mover is to obtain to dispose of the subject altogether. In this country, the previous question is used chiefly for suppressing debate on a main question. The object of the mover is to obtain a decision of it in the affirmative; and the effect of a negative decision is, in general, merely to suspend the taking of the question (not the debate) for that day. The operation of an affirmative decision is the same in both countries; viz., the putting of the main question immediately, and without further debate, delay, or consideration. See Cushing's Man. When upon any question in parliament there is no debate, or after a debate is closed, the speaker ordinarily puts the question, as a matter of course, without any direction from the house; but, by a motion for the previous question, this act of the speaker may be intercepted and forbidden. The question, whether the original question be put, is called the previous question; because, if onfce moved, it is put before the main question can be put. In the commons, the words of the motion are that the main question be now put; and those who propose it vote against their own motion, in order to avoid the putting of the main question. If the previous question be put and resolved in the affirmative, then the main question must be put at once to the vote. Mosley ^ W.