Amendments be read a second time,

Clause offered on report of bill be read second time,

For receiving a clause,

With amendments be engrossed,

That a bill be now read a third time,

Receive a rider,

Pass,

Be printed,

Committees.

251.

Noes.

Ayes.

334

395

Noes. 398

260

Ayes. 259

That A take the chair,

To agree to the whole or any part

of report,

That the House do now resolve into

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

Previous question,

Blanks. That they be filled with the

largest sum,

Amendments. That words stand part of

Lords. That their amendment be read

a second time,

Messenger be received,

Noes.

Ayes.

Noes.

Orders of day to be now read, if be-Ayes.

fore 2 o'clock,

If after 2 o'clock,

Adjournment. Till the next sitting

day, if before 4 o clock,

If after 4 o'clock,

Over a sitting day, (unless a pre

vious resolution.)

Over the 30th of January,

For sitting on Sunday, or any

Noes.

Ayes.

Noes.

Ayes.

Noes.

day, not being a sitting day therAyes.

The one party being gone forth, the speaker names two tellers from the affirmative, and two from the negative side, who first count those sitting 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 intriIcacies 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."]

the

[By the 16th and 17th rules of the Senate, when 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

R

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 affirmative 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 answered 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

take be suspected, it must be told again. Mem. in Hakew. 26. 2 Hats. 143.

If any difficulty arises in point of order during the division, the speaker is to decide peremptorily, subject to the future censure of the House if irregular. He sometimes permits old experienced members to assist him with their advice, which they do, sitting in their seats, covered, to avoid the appearance of debate; but this can only be with the speaker's leave, else the division might last several Hours. 2 Hats. 143.

The voice of the majority decides. For the lex majoris partis is the law of all councils, elections, &c., where not otherwise expressly provided.Hakew. 93. But if the House be equally divided, semper presumatur pro negante;" that is, the former law is not to be changed but by a majority. Towns. col. 134.

66

[But in the Senate of the United States, the vice-president decides, when the House is divided. Const. U. S. I. 3.]

When, from counting the House, on a division, it appears that there is not a quorum, the matter continues exactly in the state in which it was before the division, and must be resumed at that point on any future day. 2 Hats. 126.

1606, May 1, on a question whether a member having said yea, may afterwards sit and change his opinion? a precedent was remembered by the speaker, of Mr. Morris, attorney of the wards in 39 Eliz. who in like case changed his opinion. Mew. in Hakew 27.