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That a bill be now read a

of either House on any question, shall at

Noes. third time......

398.

the desire of one-fifth of those present, be Receive a rider........

260. entered on the journal.” And again: that Pass.......

Ayes. 259. in all cases of reconsidering a bill disapBe printed.....

proved by the President, and returned with Committees. That A take

his objections, "the votes of both Houses the chair........

shall be determined by yeas and nays, and To agree to the whole or

the names of persons voting for and against any part of report

the bill shall be entered on the journals of That the House do now

each House respectively.”] resolve into committee... } Noes. 291. [By the 16th and 17th rules of the SenSpeaker. That he now

ate, when the yeas and nays shall be called leave the chair, after or

for by one-fifth of the members present, der to go into commit

each member called upon shall, unless for tee........

special reasons he be excused by the Sen. That he issue warrant for

ate, declare openly, and without debate, a new writ.......

his assent or dissent to the question. In Member. That none be

taking the yeas and nays, and upon the absent without leave.....

call of the House, the names of the memWitness. That he be fur

bers shall be taken alphabetically.) ther examined........

Ayes. 344.

( When the yeas and nays shall be taken Previous question.... Noes. upon any question in pursuance of the Blanks. That they be fill

above rule, no member shall be permitted, ed with the largest sum. Amendments. That words

under any circumstances whatever, to rote Ayes.

after the decision is announced from the stand part of........

Chair.] Lords. That their amend

[When it is proposed to take the vote by ment be read a second Noes. yeas and nays, the President or Speaker time.......

states that “the question is whether, e. g., Messenger be received......

the bill shall pass-that it is proposed that Orders of day to be now Ayes. the yeas and nays shall be entered on the read, if before 2 o'clock...

journal. Those, therefore, who desire it, If after 2 o'clock........... Noes. will rise.” If he finds and declares that Adjournment. Till the

one-fifth have risen, he then states that next sitting day, if before Ayes

those who are of opinion that the bill 4 o'clock....

shall pass are to answer in the affirmative; If after 4 o'clock........... Noes. those of the contrary opinion in the negaOver a sitting day, (un

tive.” The Clerk then calls over the names less a previous resolution,

Ayes.

alphabetically, note the yea or nay of each, Over the 30th of Janu

Noes.

and gives the list to the President or Speakary:

who declares the result. In the Senate, For sitting on Sunday, or

if there be an equal division, the Secretary any other day not being Ayes. calls on the Vice-President and notes his a sitting day..........

affirmative or negative, which becomes the The one party being gone forth, the decision of the House.) Speaker names two tellers from the affirm In the House of Commons, every memative and two from the negative side, who ber must give his vote the one way or the first count those sitting in the House and other, Scob., 24, as it is not permitted to report the number to the Speaker. Then any one to withdraw who is in the House they place themselves within the door, two when the question is put, nor is any one to on each side, and count those who went be told in the division who was not in when forth as they come in, and report the num- the question was put. 2 Hats., 140. ber to the Speaker. Mem. in Hakew., 26. This last position is always true when

A mistake in the report of the tellers the vote is by yeas and nays; where the may be rectified after the report made. 2 negative as well as affirmative of the ques. Hats., 145, note.

tion is stated by the President at the same (But in both Houses of Congress all time, and the vote of both sides begins and these intricacies are avoided. The ayes proceeds pari passu. It is true also when first rise, and are counted standing in their the question is put in the usual way, if the places by the President or Speaker. Then negative has also been put; but if it has they sit, and the noes rise and are counted not, the member entering, or any other in like manner.]

member, may speak, and even propose (In Senate, if they be equally divided, amendments, by which the debate may be the Vice-President announces his opinion, opened again, and the question be greatly which decides.]

deferred. And as some who have an. (The Constitution, however, has directed swered ay may have been changed by the that “the yeas and nays of the members new arguments, the affirmative must be

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put over again. If, then, the member en [1798, Jan. A bill on its second readtering may, by speaking a few words, ing being amended, and on the question occasion à repetition of a question, it whether it shall be read a third time would be useless to deny it on his simple negatived, was restored by a decision to recall for it.

consider that question. Here the votes While the House is telling, no member of negative and reconsideration, like posimay speak or move out of his place; for if tive and negative quantities in equation, any mistake be suspected, it must be destroy one another, and are as if they told again. Mem. in Hakew., 26; 2 Hats., were expunged from the journals. Con143.

sequently the bill is open for amendment, If any difficulty arises in point of order just so far as it was the moment precedduring the division, the speaker is to de- ing the question for the third reading; cide peremptorily, subject to the future that is to say, all parts of the bill are open censure of the House if irregular. He for amendment except those on which sometimes permits old experienced mem- votes have been already taken in its bers to assist him with their advice, which present stage. So, also, it may be recomthey do sitting in their seats, covered, to mitted.] avoid the appearance of debate ; but this [* The rule permitting a reconsideration can only be with the Speaker's leave, else of a question affixing to it no limitation of the division might last several hours. 2 time or circumstance, it may be asked Hats., 143.

whether there is no limitation? If, after The voice of the majority decides; for the vote, the paper on which it is passed the lex majoris partis is the law of all has been parted with, there can be no recouncils, elections, &c., where not other consideration ; as if a vote has been for the wise expressly provided. Hakew., 93. But passage of a bill, and the bill has been if the House be equally divided, semper sent to the other House. But where the presumatur pro negante ; that is, the former paper remains, as on a bill rejected; when, law is not to be changed but by a majority. or under what circumstances, does it cease Towns., col. 134.

to be susceptible of reconsideration? This (But in the Senate of the United States, remains to be settled; unless a sense that the Vice-President decides when the the right of reconsideration is a right to House is divided. Const. U. S. I, 3.] waste the time of the House in repeated

When from counting the House on a agitations of the same question, so that it
division it appears that there is not a shall never know when a question is done
quorum, the matter continues exactly in with, should induce them to reform this
the state in which it was before the divi- anomalous proceeding.)
sion, and must be resumed at that point on In Parliament a question once carried
any future day. 2 Hats., 126.

cannot be questioned again at the same 1606, May 1, on a question whether a session, but must stand as the judgment of member having said yea may afterwards the House. Towns., col. 67; Mem. in sit and change his opinion, a precedent Hakew., 33. And a bill once rejected, was remembered by the Speaker, of Mr. another of the same substance cannot be Morris, attorney of the wards, in 39 Eliz., brought in again the same session. Hakew., who in like case changed his opinion. 158; 6 Grey, 392. But this does not exMem. in Hakew., 27.

tend to prevent putting the same question SEC. XLII.-TITLES.

in different stages of a bill; because every After the bill has passed, and not before, stage of a bill submits the whole and the title may be amended, and is to be every part of it to the opinion of the fixed by a question ; and the bill is then insertion or omission, though the same

House, as open for amendment, either by sent to the other House.

amendment has been accepted or rejected SEC. XLIII.RECONSIDERATION. in a former stage. So in reports of com. [When a question has been once made mittees, e. g., report of an address, the and carried in the affirmative or negative, same question is before the House, and it shall be in order for any member of the open for free discussion. Towns., col. 26 ; majority to move for the reconsideration 2 Hats., 98, 100, 101. So orders of the thereof; but no motion for the reconsidera- House, or instructions to committees, may tion of any vote shall be in order after a be discharged. So a bill, begun in one bill, resolution, message, report, amend- House, and sent to the other, and there ment, or motion upon which the vote was rejected, may be renewed again in that taken shall have gone out of the possession other, passed and sent back. Ib., 92: 3 of the Senate announcing their decision; Hats., 161. Or if, instead of being repor shall any motion for reconsideration jected, they read it once and lay it aside be in order unless made on the same day or amend it, and put it off a month, they on which the vote was taken, or within may order in another to the same effect, the two next days of actual session of the Senate thereafter. Rule 20.]

* The rule now Oxes a limitation.

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with the same or a different title. Hakem., | SEC. XLV.--AMENDMENTS BETWEEN THB 97, 98.

HOUSES. Divers expedients are used to correct When either House, e. g., the House of the effects of this rule; as, by passing an Commons, send a bill to the other, the explanatory act, if anything has been other may pass it with amendments. The omitted or ill expressed, 3 Hats., 278, or an regular progression in this case is, that the act to enforce, and make more effectual an Commons disagree to the amendment; the act, &c., or to rectify mistakes in an act, Lords insist on it; the Commons insist &c., or a committee on one bill may be in on their disagreement; the Lords adhere structed to receive a clause to rectify the to their amendment; the Commons adhere mistakes of another. Thus, June 24, 1685, to their disagreement. The term of insista clause was inserted in a bill for rectifying may be repeated as often as they ing a mistake committed by a clerk in en- choose to keep the question open, But grossing a bill of supply. 2 Hats., 194, 6. the first adherence by either renders it Or the session may be closed for one, two, necessary for the other to recede or adhere three or more days, and a new one com- also; when the matter is usually suffered menced. But then all matters depending to fall. 10 Grey, 148. Latterly, however, must be finished, or they fall, and are to there are instances of their having gone to begin de novo. 2 Hats., 94, 98. Or a a second adherence. There must be an part of the subject may be taken up by absolute conclusion of the subject someanother bill, or taken up in a different where, or otherwise transactions between way. 6 Grey, 304, 316.

the Houses would become endless. 3 Ånd in cases of the last magnitude, this Hats., 268, 270. The term of insisting, we rule has not been so strictly and verbally are told by Sir John Trevor, was then (1679) observed as to stop indispensable proceed- newly introduced into parliamentary usage, ings altogether. *2 Hats., 92, 98. Thus by the Lords. 7 Grey, 94. It was certainly a when the address on the preliminaries of happy innovation, as it multiplies the oppeace in 1782 had been lost by a majority portunities of trying modifications which of one, on account of the importance of may bring the Houses to a concurrence. the question, and smallness of the majority, Either House, however, is free to pass over the same question in substance, though the term of insisting, and to adhere in the with some words not in the first, and first instance ; 10 Grey, 146; but it is not which might change the opinion of some respectful to the other. In the ordinary members, was brought on again and car-parliamentary course, there are two free ried, as the motives for it were thought to conferences, at least, before an adherence. outweigh the objection of form. 2 Hats., 10 Grey, 147. 99, 100.

Either House may recede from its A second bill may be passed to continue amendment and agree to the bill; or rean act of the same session, or to enlarge cede from their disagreement to the amendthe time limited for its execution. 2 ment, and agree to the same absolutely, or Hats., 95, 98. This is not in contradiction with an amendment; for here the disagreeto the first act.

ment and receding destroy one another,

and the subject stands as before the agreeSEC, XLIV.-BILLS SENT TO THE OTHER

ment. Elsynge, 23, 27; 9 Grey, 476.

But the House cannot recede from or in

sist on its own amendment, with an amend(All bills passed in the Senate shall, ment; for the same reason that it cannot before they are sent to the House of Re- send to the other House an amendment to presentatives, be examined by a commit- its own act after it has passed the act. They tee, consisting of three members, whose may modify an amendment from the other duty it shall be to examine all bills, House by ingrafting an amendment on it, amendments, resolutions, or motions, be- because they have never assented to it; fore they go out of the possession of the but they cannot amend their own amendSenate, and to make report that they are ment, because they have, on the question, correctly engrossed; which report shall be passed it in that form. 9 Grey, 363; 10 entered on the journal. Rule 34.] Grey, 240. In the Senate, March 29, 1798.

A bill from the other House is some- Nor where one House has adhered to their times ordered to lie on the table. 2 Hats., amendment, and the other agrees with an 97.

amendment, can the first House depart When bills, passed in one House and from the form which they have fixed by sent to the other, are grounded on special an adherence. facts requiring proof, it is usual, either by In the case of a money bilr, the Lords' message or at a conference, to ask the proposed amendments, become, by declay, grounds and evi lence; and this evidence, confessedly necessary. The Commons, whether arising out of papers, or from the however, refused them, as infringing on examination of witnesses, is immediately their privilege as to money bills; but they communicated. 3 Hats., 48.

offered themselves to add to the bill a proa

HOUSE.

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viso to the same effect, which had no co a necessary measure is not imputable to herence with the Lords' amendments; and them. 3 Grey, 255. At free conferences, urged that it was an expedient warranted the managers discuss, viva voce and freely, by precedent, and not unparliamentary in and interchange propositions for such a case become impracticable, and irremedi- | modifications as may be made in a parliaable in any other way. 3 Hats., 256, 266, mentary way, and may bring the sense of 270, 271. But the Lords refused, and the the two Houses together. And each party bill was lost. 1 Chand., 288. A like case, reports in writing to their respective Houses 1 Chand., 311. So the Commons resolved the substance of what is said on both sides, that it is unparliamentary to strike out, ata and it is entered on their journals. 9 Grey, conference, anything in a bill which hath 220; 3 Hats., 280. This report cannot be been agreed and passed by both Houses. amended or altered, as that of a committee 6 Grey, 274; 1 Chand., 312.

may be. Journal Senate, May 24, 1796. A motion to amend an amendment from A conference may be asked, before the the other House takes precedence of a House asking it has come to a resolution motion to agree or disagree.

of disagreement, insisting or adhering. 3 A bill originating in one House is passed | Hats., 269, 341. In which case the papers by the other with an amendment.

are not left with the other conferees, but The originating House agrees to their are brought back to be the foundation of amendment with an amendment. The the vote to be given, And this is the most other may agree to their amendment with reasonable and respectful proceeding; for, an amendment, that being only in the 2d as was urged by the Lords on a particular and not the 3d degree; for, as to the occasion," it is held vain, and below the amending House, the first amendment with wisdom of Parliament, to reason or argue which they passed the bill is a part of its against fixed resolutions, and upon terms text; it is the only text they have agreed of impossibility to persuade.” *3 Hats., to. The amendment to that text by the 226. So the Commons say, an adherence originating House, therefore, is only in the is never delivered at a free conference, 1st degree, and the amendment to that which implies debate.” 10 Grey, 137. And again by the amending House is only in on another occasion the Lords made it an the 2d, to wit, an amendment to an amend objection that the Commons had asked a ment, and so admissible. Just so, when, free conference after they had made resoon a bill from the originating House, the lutions of adhering. It was then affirmed, other, at its second reading, makes an however, on the part of the Commons, that amendment; on the third reading this nothing was more parliamentary than to amendment is become the text of the bill, proceed with free conferences after adher. and if an amendment to it be moved, an ing, 3 Hats., 269, and we do in fact see inamendment to that amendment may also stances of conference, or of free conferbe moved, as being only in the 20 degree. ence, asked after the resolution of disa

greeing, 3 Hats., 251, 253, 260, 286, 291, SEC. XLVI.--CONFERENCES.

316, 349; of insisting, ib., 280, 296, 299, It is on the occasion of amendments be- 319, 322, 355; of adhering, 269, 270, 283, tween the Houses that conferences are | 300; and even of a second or final adherusually asked; but they may be asked in ence. 3 Hats., 270. And in all cases of all cases of difference of opinion between conference asked after a vote of disagreethe two Houses on matters depending be- ment, &c., the conferees of the House asktween them. The request of a conference, ing it are to leave the papers with the conhowever, must always be by the House ferees of the other; and in one case where which is possessed of the papers. 3 Hats., they refused to receive them, they were 31; 1 Grey, 425.

left on the table in the conference chamConferences may be either simple or ber. ib., 271, 317, 323, 354; 10 Grey, 146. free. At a conference simply, written rea After a free conference, the usage is to sons are prepared by the House asking it, proceed with free conferences, and not to and they are read and delivered, without return again to a conference, 3 Hats., 270; debate, to the managers of the other House 9 Grey, 229. at the conference; but are not then to be After a conference denied, a free conanswered. 4 Grey, 144. The other House ference may be asked. 1 Grey, 45. then, if satisfied, vote the reasons satisfac When a conference is asked, the subject tory, or say nothing; if not satisfied, they of it must be expressed, or the conference resolve them not satisfactory and ask a not agreed to. Ord. H Com., 89; Grcy, conference) on the subject of the last con- 425 ; 7 Grey, 31. They are sometimes asked ference, where they read and deliver, in to inquire concerning an offense cr default like manner, written answers to those of a member of the other Hcuse. 6 Grey, reasons. 3 Grey, 183. They are meant 181; 1 Chand., 304. Or ine failure of the chiefly to record justification of each other House to present to the King a bill House to the nation at large, and to pos- passed by both Hcases, 8 Grey, 302. Oron terity, and in proof that the miscarriage of information received, and relating to tho

Hats.,

safety of the nation. 10_Grey, 171. Or and delivers them to the Clerk, to be safely when the methods of Parliament are kept till they shall be called for to be read. thought by the one House to have been Hakew., 178. departed from by the other, a conference It is not the usage for one House to inis asked to come to a right understanding form the other by what numbers a bill is thereon. 10 Grey, 148. So when an un- passed. 10 Grey, 150. Yet they have parliamentary message has been sent, in- sometimes recommended a bill, as of great stead of answering it, they ask a confer- importance, to the consideration of the ence. 3 Grey, 155. Formerly an address House to which it is sent. 3 Hats., 25. or articles of impeachment, or a bill with Nor when they have rejected a bill from amendments, or a vote of the House, or the other House, do they give notice of it; concurrence in a vote, or a message from but it passes sub silentio, to prevent unbethe King, were sometimes communicated coming altercations. 1 Blackst., 183. by way of conference. 6 Grey, 128, 300, (But in Congress the rejection is notified 387 ; 7 Grey, 80; 8 Grey, 210, 255; 1 Tor- by message to the House in which the bill buck's Deb., 278; 10 Grey, 293 ; 1 Chandler, originated. 49, 287. But this is not the modern prac A question is never asked by the one tice. 8 Grey, 255.

House of the other by way of message, but A conference has been asked after the only at a conference; for this is an interfirst reading of a bill. 1 Grey, 194. This rogatory, not a message. 3 Grey, 151, 181. is a singular instance.

When a bill is sent by one House to the

other, and is neglected, they may send a SEC. XLVII. -MESSAGES.

message to remind them of it. 3 Hats., Messages between the Houses are to be 25; 5 Grey, 154. But if it be mere inatsent only while both Houses are sitting. tention, it is better to have it done inform3 Hats., 15. They are received during a ally by communications between the debate without adjourning the debate. 3 Speakers or members of the two Houses. 22.

Where the subject of a message is of a [In Senate the messengers are introduced nature that it can properly be communiin any state of business, except, 1. While cated to both Houses of Parliament, it is a question is being put. 2. While the yeas expected that this communication should and nays are being called. 3. While the be made to both on the same day. But ballots are being counted. Rule 51. The where a message was accompanied with an first case is short; the second and third are original declaration, signed by the party cases where any interruption might oc- to which the message referred, its being casion errors difficult to be corrected. So sent to one House was not noticed by the arranged June 15, 1798.]

other, because the declaration, being origiIn the House of Representatives, as in nal, could not possibly be sent to both Parliament, if the House be in committee Houses at the same time. 2 Hats., 260, when a messenger attends, the Speaker 261, 262. takes the chair to receive the

message,

and The King having sent original letters then quits it to return into committee, to the Commons, afterward desires they without any question or interruption. 4 may be returned, that he may communiGrey, 226.

cate them to the Lords. 1 Chandler, 303. Messengers are not saluted by the members, but by the Speaker for the House. 2

SEC. XLVIII.- ASSENT. Grey, 253, 274.

The House which has received a bill and If messengers commit an error in deliv- passed it may present it for the King's asering their message, they may be admitted sent, and ought to do it, though they have or called in to correct their message. 4 not by message notified to the other their Grey, 41. Accordingly, March 13, 1800, passage of it. Yet the notifying by mesthe Senate having made two amendments sage is a form which ought to be observed to a bill from the House of Representatives, between the two Houses from motives of their Secretary, by mistake, delivered one respect and good understanding. 2 Hats., only; which being inadmissible by itself, 242. Were the bill to be withheld from that House disagreed, and notified the being presented to the King, it would be Senate of their disagreement. This pro- an infringement of the rules of Parliaduced a discovery of the mistake. The Sec- ment. Ib. retary was sent to the other House to correct (When a bill has passed both Houses of his mistake, the correction was received, Congress, the House last acting on it potiand the two'amendments acted on de novofies its passage to the other, and delivers

As soon as the messenger, who has the bill to the Joint Committee of Enbrought bills from the other House, has rolment, who see that it is truly enrolled retired, the Speaker holds the bills in his in parchment]. When the bill is enhand, and acquaints the House “that the rolled, it is not to be written in paraother House have by their messenger sent graphs, but solidly, and all of a piece, certain bills,” and then reads their titles, that the blanks between the paragraphs

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