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tion 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 exceptions and modifications.—2 Rush. p. 3, fol. 62—Socb. 43, 52—Co. 12, 116–D’Ewes, 105, col. 1—Mem. in Hakew. 25, 29, as will appear by the following statement of who go forth. Petition that it be received,*
Ayes. Report of a bill to lie on the table,..
Noes. Be now read,..
Ayes. Be taken into consideration three months hence,.... 50 P. J.
251. Amendments be read a 2d time,......
Noes. 398 Receive a rider,
Ayes. 159 Be printed, Committees. That A. take the chair,. To agree to a whole or any part of the report, That the House do now resolve into a committee,....
291 Speaker. That he now leave the chair, after order Noes.
to go into committee, ...... That he issue warrapt for a new visit,. Meinber. That none be absent without leave,.
* Notes. 9 Grey, 365.
Witness. That he be further examined,
Ayes. 344 Previous questions,
Noes. Adjournment till the next sitting day, if before 4
o'clock, If after 4 o'clock,....
Noes. Over a sitting day, (unless a previous resolution,)...... Ayes. Over the 30th January,
For sitting day on Sunday, or any other day, not being } Ayes.
, 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. -Mem. 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. They then sit, and the noes rise, and are counted in like manner.
In fenate, if they be equally divided, the Vice-President 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 one-fifth 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 the 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 withcut 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 alpha. betically.
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 a 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, therefort, 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 or 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 Vice-President, and notes 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 ques. tion was put.—2 Hats. 140.
This last position is always true wben the vote is by yeas and nays; where the negative, as well as the affirmative of the question is stated by the President at the same time, and the vote of both sides begins and proceeds pari. possu. 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 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 meraber 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 mistake 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.
But in the Senate of the United States, the Vice-President decides, when the House is divided.-Const. U. S., Art. I., Sec. 2.
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.
Mem. in Hakew. 27.
After the bill has passed, and not before, the title may be amended, and it is to be fixed by a question; and the bill is then sent to the other House.
When a question has been once made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration thereof: but no motion for the reconsideration of any vote shall be in order after a bill, resolution, message, report, amendment or motion, upon which the vote was taken, shall have gone out of the possession of the Senate, announcing their decision; nor shall any motion for reconsideration be in order unless made on the same day on which the vote was taken, or within the two next days of actual session of the Senate thereafter.-Rule 20.
1798, Jan. A bill on its second reading, being amended, and on the question whether it shall be read a third time negatived, was restored by a decision to reconsider the question. Here the votes of negative and reconsideration, like positive and negative quantities in equation, destroy one another, and are as if They were expunged from the journals. Consequently the bill is open for amendment, just so far as it was the moment preceding the question for the third reading. That is to say, all parts of the bill are open for amendment, except those on which votes have been already taken in its present stage. So also may it be recommitted.
The rule permitting the reconsideration of a question affixing to it no limitation of time or circumstance, it may be asked whether there is no limitation? If, after the vote, the paper on which it has passed has been parted with, there can be no reconsideration : as if a vote has been for the passage of a bill, and the bill has been sent to the other House. But where the paper remains, as on a bill re jected, when or under what circumstances, does it cease to be susceptible of reconsideration? This remains to be settled, unless a sense that a right of reconsideration is a right to waste the time of the House in repeated agitations of the same question, so that it shall never know when a question is done with, should induce them to reform this anomalous proceeding."*
In Parliament, a question once carried, cannot be questioned again at the same session; but must stand as the judgment of the House.-Towns. col. 67–Mem. in Hakew. 33. And a bill once rejected, another of the same substance cannot be brought in again the same session.—Hakew. 158—6 Grey, 392. But this does not extend to prevent putting the same questions in different stages of a bill; because every stage of a bill submits the whole and every part of it to the opinion of the House, as open for amendment, either by insertion or omission, though the same amendment has been accepted or rejected in a former stage. So in reports of committees, e. g. report of an address, the same question is before the House, and open for free discussion.— Towns. col. 26—2 Hats. 98, 100, 101. So orders of the House or instructions to committees, may be discharged. So a bill begun in one House, sent to the other, and there rejected, may be renewed again in that other, passed and sent back.-16. 92—3 Hats. 161. Or if, instead of being rejected, they read it once and lay it aside, and put it off a month, they may order in another to the same effect, with the same or a different title.-Hakew. 97, 98.
Divers expedients are used to correct the effects of this rule; as, by passing an explanatory act, if any thing has been omitted or ill-expressed, 3 Hats. 278; or an act to enforce, and make more effectual an act, &c., or to rectify mistakes in an act, &c., or a committee on one bill may be instructed to receive a clause to rectify the mistakes of another. Thus, June 24, 1685, a clause was inserted in a bill for rectifying a mistake committed by a
* This defect is remedied by Rule 20, cited above, which has been adopted since the original cdition of this work was published.