made, what is their order of precedence, which can be debated, what is
their effect, etc., the common law of the land is settled by the
practice of the U. S. House of Representatives, and not by that of the
English Parliament, the U. S. Senate, or any other body.

While in extreme cases there is no difficulty in deciding the question
as to whether the practice of Congress determines the common
parliamentary law, yet between these extremes there must necessarily be
a large number of doubtful cases upon which there would be great
difference 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