3d. To recede. 4th. To insist. 5th. To adhere. You may then either insist or adhere. SECTION XXXIX. THE QUESTION. The question is to be put first on the affirmative, and then on the negative side. After the Speaker has put the affirmative part of the question, any member who has not spoken before the question, may rise and speak before the negative be put. Because it is no full question till the negative part be put.-Scob. 23-Hats. 73. But in small matters, and which are of course such as receiving petitions, reports, withdrawing motions, reading papers, &c., the Speaker most commonly supposes the consent of the House, where no objection is expressed, and does not give them the trouble of putting the question formally.—Scob. 22—2 Hats. 87—5 Grey, 129 -9 Grey, 301. SECTION XL. BILLS, THIRD READING. To prevent bills from being passed by surprise, the House by a standing order, directs that they shall not be put on their passage before a fixed hour, naming one at which the House is commonly full-Hakew. 153. The usage of the Senate is, not to put bills on their passage till noon. A bill reported and passed to the third reading, cannot on that day be read the third time and passed. Because this would be to pass on two readings on the same day. At the third reading, the K clerk reads the bill, and delivers it to the Speaker, who states the title, that it is the third time of reading the bill, and that the question will be, Whether it shall pass? Formerly the Speaker, or those who prepared a bill, prepared also a breviate or summary statement of its contents, which the Speaker read when he declared the state of the bill at the several readings. Sometimes, however, he read the bill itself, especially on its passage.-Hakew. 136, 137, 153-Coke, 22, 115. Latterly, instead of this, he, at the third reading, states the whole contents of the bill, verbatim ; only instead of reading the formal parts, "Be it enacted, &c.," he states that "the preamble cites so and so; the first section enacts that, &c., the second section enacts," &c. But in the Senate of the United States, both of these formalities are dispensed with, the breviate presenting but an imperfect view of the bill, and being capable of being made to present a false one; and the full statement being a useless waste of time, immediately after a full reading by the clerk; and especially as every member has a printed copy in his hand. A bill on the third reading, is not to be committed for the matter or body thereof; but to receive some particular clause or proviso, it hath been sometimes suffered, but as a thing very unusual. -Hakew. 156; thus, 27 El. 1584, a bill was committed on the third reading, having been formerly committed on the second; but is declared not usual.-D'Ewes, 127, col. 2, 414, col. 2. When an essential provision has been omitted, rather than erase the bill, and render it suspicious, they add a clause on a separate paper, engrossed and called a rider, which is read and put to the question three times.-Elsynge's Memorials, 59-6 Grey, 335-1 Blacks. 183. For examples of riders, see 3 Hats. 121, 122, 124, 126. Every one is at liberty to bring in a rider without asking leave.-10 Grey, 52. It is laid down as a general rule, that amendments proposed at the second reading shall be twice read, and those proposed at the third reading thrice read; as also all amendments from the other House.-Town. col. 19, 23, 24, 25, 26, 27, 28. It is with great, and almost invincible reluctance, that amendments are admitted at this reading, which occasions erasures or interlineations. Sometimes the proviso has been cut off from a bill; sometimes erased.-9 Grey, 513. This is the proper stage for filling up blanks: for if filled up before, and now altered by erasure, it would be peculiarly unsafe. At this reading, the bill is debated afresh, and for the most part is more spoken to, at this time, than on any of the former readings.-Hakew. 153. The debate on the question, Whether it should be read a third time has discovered to its friends and opponents the arguments on which each side relies, and which of these appear to have influence with the House; they have had time to meet them with new arguments, and to put their old ones into new shapes. The former vote has tried the strength of the first opinion, and furnished grounds to estimate the issue; and the question now offered for its passage, is the last occasion which is ever to be offered for carrying or rejecting it. When the debate is ended, the Speaker, holding the bill in his hand, puts the question for its passage; by saying, "Gentlemen, all who are of opinion that this bill shall pass, say aye," and after the answer of ayes, "All those of the contrary opinion say no." Hakew. 154. After the bill has passed, there can be no further alteration of it in any point.-Hakew. 159. SECTION 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 is made, (for it is too late after that,) any member shall rise and declare himself 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 preserva 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. Amendments be read a 2d time,...... Clause offered on report of bill be read 2d time, With amendments be engrossed,. That a bill be now read a third time, Ayes. Noes. Ayes. Ayes. Noes. Ayes. Noes. Ayes. 50 P. J. 251. Ayes. 334 Noes. 398 260 Ayes. 159 To agree to a whole or any part of the report,. That the House do now resolve into a committee,.. Speaker. That he now leave the chair, after order Noes. to go into committee,.... That he issue warrant for a new visit,.. Member. That none be absent without leave,. *Notes. 9 Grey, 365, 291 Witness. That he be further examined, Previous questions, Blanks. That they be filled with the largest sum, Lords. That their amendment be read a 2d time,. Ayes. 344 Ayes. Ayes. Orders of the day to be now read, if before 2 Ayes. 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 previous resolution,). Noes. Ayes. For sitting day on Sunday, or any other day, not being Ayes. a sitting day, 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 Senate, 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 alphabetically. |