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SEC. XLI.—DIVISION OF THE HOUSE. The affirmative and negative of the question having been both put and answered, the speaker declares whether the yeas or nays have it by the sound, if he be himself satisfied, and it stands as the judgment of the House. But if he be not himself satisfied which voice is the greater, or if, before any other member comes into the House, or before any new motion made, (for it is too late after that,) any member shall rise and declare him. self dissatisfied with the speaker's decision, then the speaker is to divide the House. Scob. 24. 2 Hats. 140.
When the House of Commons is divided, the one party goes forth, and the other remains in the House. This has made it important which go forth and which remain ; because the latter gain all the indolent, the indifferent, and inattentive.Their general rule, therefore, is, that those who give their vote for the preservation of the orders of the House, shall stay in ; and those who are for introducing any new matter or alteration, or proceeding contrary to the established course, are to go out. But this rule is subject to many excep. tions and modifications. 2 Hats. 134. 1 Rush, p. 3, fol 92. Scob. 43, 52. "Co. 12, 116. D’Ewes, 505. col. 1. Mem. in Hakew. 25, 29, as will ap. pear by the following statement of who go forth ; Petition that it be received, * • ! Aves.
Read, · · ·
* Noes. 9 Grey 365.
Referred to a committee, or farther Lave
proceeding, . . . S Bill, that it be brought in, .
Read first or second time, .
Committed, . .
Report of bill to lie on table, Noes.
months hence, - . 251. Amendments be read a second time, Noes. Clause offered on report of bill be read ) Ayes.
second time, · For receiving a clause, With amendments be engrossed, J 395 That a bill be now read a third time, Noes. 398 Receive a rider, .
260 Pass, . .
• Ayes. 259 Be printed, .. Committees. That A take the chair, To agree to the whole or any part of report,
committee, · Speaker. That he now leave the chair Noes. 291
after order to go into committee, That he issue warrant for a new
writ, - - - Member. That none be absent with
out leave, . • .. Witness. That he be further examined, Ayes. 344
334 · Noes.
Previous question, . . . Noes.
a second time, - - .)
fore 2 o'clock, .. If afier 2 o'clock, Adjournment. Till the next sitting / day, if before 4 o clock,
.. If after 4 o'clock, - . . Noes. Over a sitting day, (unless a pre
vious resolution.) : : : · Over the 30th of January, - Noes. For sitting on Sunday, or any other
day, not being a sitting day, s The one party being gone forth, the speaker names two tellers from the affirmative, and two from the negative side, who first count those sit. ting in the House, and report the number to the speaker. Then they place themselves within the door, two on each side, and count those who went forth, as they come in, and report the number to the speaker. Men. in Hakew. 26.
A mistake in the report of the tellers may be rectified after the report made. 2 Hats. 145, note.
[But in both Houses of Congress all these intricacies are avoided. The ayes first rise and are counted, standing in their places, by the president or speaker. Then they sit, and the noes rise and are counted in like manner.]
[In Senate, if they be equally divided, the vicepresident announces his opinion, which decides.]
[The Constitution, however, has directed that " the yeas and nays of the members of either House on any question shall, at the desire of onefifth of those present, be entered on the journal.” And again, that in all cases of reconsidering a bill, disapproved by the president, and returned with his objections, “ the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journals of each House respectively.”]
[By the 16th and 17th rules of the Senate, when the yeas and nays shall be called for by one-fifth of the members present, each member called upon shall, unless for special reasons he be excused by the Senate, declare, openly and without debate, his assent or dissent to the question. In taking the yeas and nays, and upon the call of the House, the names of the members shall be taken alphabetically.]
[When the yeas and nays shall be taken upon any question, in pursuance of the above rule, no member shall be permitted, under any circumstances whatever, to vote after the decision is announced from the chair.] · [When it is proposed to take the vote by yeas and nays, the president or speaker states that“ the question is whether, e. g. the bill shall pass ? that it is proposed that the yeas and nays shall be entered on the journal. Those therefore, who desire it will rise.” If he finds and declares that one-fifth have risen, he then states that “those who are of opinion that the bill shall pass, are to answer in the affirmative; those of the contrary opinion in the negative.” The clerk then calls over the names alphabetically, notes the yea and nay of each, and gives the list to the president or speaker, who declares the result. In Senate, if there be an equal division, the secretary calls on the vicepresident, and notes his affirinative or negative, which becomes the decision of the House.]
In the House of Commons, every member must give his vote the one way or the other. Scob. 24. As it is not permitted to any one to withdraw who is in the House when the question is put, nor is any one to be told in the division who was not in when the question was put. 2 Hats. 140.
This last position is always true when the vote is by yeas and nays; where the negative as well as affirmative of the question is stated by the president at the same time, and the vote of both sides begins and proceeds pari passu. It is true also when the question is put in the usual way, if the negative has also been put. But if it has not, the member entering, or any other member, may speak, and even propose amendments, by which the debate may be opened again, and the question be greatly deferred. And as some who have an. swered aye, may have been changed by the new arguments, the affirmative must be put over again. If, then, the member entering may, by speaking a few words, occasion a repetition of the question, it would be useless to deny it on his simple call for it.
While the House is telling, no member may speak, or move out of his place; for if any mis