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 in the same day.

At the third reading the 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, etc., he states that "preamble recites so and so-the first section enacts that, etc., the 2d section enacts," etc.

[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 has been sometimes suffered, but as a thing very unusual. Hakew., 126. 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, 337, 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 Blackst., 183. For example 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 occasion erasures or interlineations. Sometimes a 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 former 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 rejeating it.

When the debate is ended, the Speaker, holding the bill in his hand, puts the question for its passage, by saying, "Gentlemen, all of you who are of opinion that this bill shall pass, say aye;" and after the answer of the ayes, "All those of the contrary opinion, say no." Hakew., 154.

After the bill is 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 IIats., 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 exceptions 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 appear by the following statement of who go forth.

Amendments to be read a second time .....

Clause offered on report of bill be read a 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. 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, after order to go into

committee.....

That he issue warrant for new writ.....

Member. That none be absent without leave..

Noes.

Ayes.
Noes.

Ayes.

30, P. J. 251

Noes.
Ayes.

334

395

}

Ayes.

Lords. That their amendment be read a second time....

Noes.

Messenger be received.......

Orders of day to be now read, if before 2 o'clock......

Adjournment. Till the next sitting day, if before 4 o'clock...

If after 2 o'clock.......

If after 4 o'clock.....

Over a sitting day, (unless a previous resolution)......
Over the 30th of January....

For sitting on Sunday, or any other day not being a sitting day. 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 IIakew., 26.

A mistake in the report of the tellers may be rectifled 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 are equally divided, the Vice President announces his opinion, which decides.]

[The Constitution, however, has directed that "the yeas and anys 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 yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journals of cach 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 the opinion that the bill shall pass are to answer in the affirmative; those of a contrary opinion in the negative." The Clerk than 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 the Senate, if there be an equal division, the Secretary calls on the Vice President 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 truc 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 a 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 Пats., 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 irrreg

alar. 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, etc., 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.131. [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 Hals., 123. 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 33 Eliz., who in like case changed his opinion. Mem. Hakew., 27.

SECTION XLII.

TITLES.

After the bill has passed, and not before, the title may be amended, and is to be fixed by a question; and the bill is then sent to the other House.

SECTION XLIII.

RECONSIDERATION.

[When a question has been once made and carried in the affirmative or neg ative, 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 shal! 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 the 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 that question. Here the votes of negative and reconsideration, like positive and negative quantities in an equation, destroy one another, and are as if they were expunged from the journal. 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, it may be recommitted.]

[†The rule permitting a reconsideration of a question affixing to it no limitThis part of the rule has been added since the Manual was compiled. This rule now fixes the limitation.