delay, confessedly necessary. The commons, however, refused them, as infringing on their privileges as to money bills; but they offered themselves to add to the bill a proviso to the same effect, which had no coherence with the lord's amendments; and urged that it was an expedient warranted by precedent, and not unparliamentary in a case become impracticable, and irremediable in any other way. 3 Hats., 256, 266, 270, 271. But the lords refused, and the bill was lost. 1 Chand., 288. A like case, 1 Chand., 311. So the commons resolved that it is unparliamentary to strike out, at a conference, anything in a bill which hath been agreed and passed by both Houses. 6 Grey, 274; 1 Chand., 312.

A motion to amend an amendment from the other House takes precedence of a motion to agree or disagree.

A bill originating in one House is passed by the other with an amendment. The originating House agrees to their amendment with an amendment. The other may agree to their amendment with an amendment, that being only in the 2d and not the 3d degree; for, as to the amending House, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to. The amendment to that text by the originating House, therefore, is only in the 1st degree, and the amendment to that again by the amending House is only in the 2d, to-wit: an amendment to an amendment, and so admissible. Just so, when, on a bill from the originating House, the other, at its second reading makes an amendment; on the third reading this amendment is become the text of the bill, and if an amendment to it be moved, an amendment to that amendment may also be moved, as being only in the 2d degree.

SECTION XLVI.

CONFERENCES.

It is on the occasion of amendments between the Houses that conferences are usually asked; but they may be asked in all cases of difference of opinion between the two Houses on matters depending between them. The request of a conference, however, must always be by the House which is possessed of the papers. 3 Hats., 31; 1 Grey, 425.

Conferences may be either simple or free. At a conference simply, written reasons are prepared by the House asking it, and they are read and delivered, without debate, to the managers of the other House at the conference; but are not then to be answered; 4 Grey, 144. The other House, then, if satisfied, vote the reason satisfactory. or say nothing; if not satisfied, they resolve them not satisfactory, and ask a conference on the subject of the last conference, where they read and deliver, in like manner, written answers to those reasons. 3 Grey, 183. They are meant chiefly to record the justification of each House to the nation at large, and to posterity, and in proof that the miscarriage of a necessary measure is not imputable to them. 3 Grey, 255. At free conferences the managers discuss, viva voce and freely, and interchange propositions for such modifications as may be made in a parliamentary way, and may bring the sense of the two Houses together. And each party reports in writing to their respective Houses the substance of what is said on both sides, and it is enter

ed in their journals. 9 Grey 220; 3 Hats., 280. This report cannot be amended or altered, as that of a committee may be. Journal of Senate, May 24, 1796. A conference may be asked, before the House asking it has come to a resolution of disagreement, insisting or adhering. 3 Hats., 269, 341. In which case the papers are not left with the other conferees, but are brought back to be the foundation of the vote to be given. And this is the most reasonable and respectful proceeding; for, as was urged by the lords on a particular occasion, "it is held vain, and below the wisdom of Parliament, to reason or argue against fixed resolutions, and upon terms of impossibility to persuade." 3 Hats., 226. So the commons say, "an adherence is never delivered at a free conference, which implies debate." 10 Grey, 137. And on another occasion the lords made it an objection that the commons had asked a free conference after they had made resolutions of adhering. It was then affirmed, however, on the part of the commons, that nothing was more parliamentary than to proceed with free conferences after adhering, (3 Hats., 269,) and we do in fact see inferences of conferences, or of free conference, asked after the resolution of disagreeing, (3 Hats., 251, 253, 260, 286, 291, 316, 349;) of insisting, (Ib., 280, 296, 299, 319, 322, 355;) of adhering, (269, 270, 283, 300;) and even of a second or final adherence. 3 Hats., 270. And in all cases of conference asked after a vote of disagreement, etc., the conferees of the House asking it are to leave the papers with the conferees of the other; and in one case where they refused to receive them, they were left on the table in the conference chamber. Ib., 271, 317, 323, 354; 10 Grey, 146.

After a free conference, the usage is to proceed with free conferences, and not return again to a conference. 3 Hats., 270; 9 Grey, 229.

After a conference denied, a free conference may be asked. 1 Grey, 45. When a conference is asked, the subject of it must be expressed, or the conference not agreed to. Ord. H. Com., 89; 1 Grey, 425; 7 Grey, 31. They are sometimes asked to inquire concerning an offense or default of a member of the other House. 6 Grey, 181; 1 Chand., 304. Or the failure of the other House to present to the King a bill passed by both Houses. 8 Grey, 302. Or on information received, and relating to the safety of the nation. 10 Grey, 171. Or when the methods of Parliament are thought by the one House to have been departed from by the other, a conference is asked to come to a right understanding thereon. 10 Grey, 148. So when an unparliamentary message has been sent, instead of answering it, they ask a conference. 3 Grey, 155. Formerly an address or article of impeachment, or a bill with amendments, or a vote of the House, or concurrence in a vote, or a message from the King, were sometimes communicated by way of conference. 6 Grey, 128, 300, 387; 7 Grey, SO; 8 Grey, 210, 255; 1 Torbuck's Deb., 278; 10 Grey, 293; 1 Chandler, 49, 287. But this is not the modern practice. 8 Grey, 255.

A conference has been asked after the first reading of the bill. 1 Gray, 194. This a singular instance.

8-MANUAL.

SECTION XLVII.

MESSAGES.

Messages between the Houses are to be sent only while both houses are sitting. 3 Hats., 15. They are received during debate without adjourning the debate. 3 Hats., 22.

[In Senate the messengers are introduced in any state of business, except, 1. While a question is putting. 2. While the yeas and nays are calling, 3 While the ballots are counting. Rule 47. The first case is short; the second and third are cases where any interruption might occasion errors difficult to be corrected. So arranged June 15, 1788.]

In the House of Representatives, as in Parliament, if the House be in committee when a messenger attends, the Speaker takes the chair to receive the message, and then quits it to return into committee, without any question or interruption. 4 Grey, 226.

Messengers are not saluted by the members, but by the Speaker of the House. 2 Grey, 253, 274.

If messengers commit an error in delivering their message, they may be admitted or called in to correct their message. 4 Grey, 41. Accordingly March 13, 1800, the Senate having made two amendments to a bill from the House of Representatives, their Secretary, by mistake, delivered one only, which being inadmissible by itself, that house disagreed, and notified the Senate of their disagreement. This produced a dicovery of the mistake. The Secretary was sent to the other House to correct his mistake, the correction was received, and the two amendments acted on de novo.

As soon as the messenger, who has brought the bills from the other House, has retired, the Speaker holds the bills in his hand, and acquaints the House "that the other House have by their messenger sent certain bills," and then reads their titles, and delivers them to the Clerk, to be safely kept till they shall be called for to be read Hakew., 178.

It is not the usage for one House to inform the other by what numbers a bill has passed. 10 Grey, 150. Yet they have sometimes recommended a bill as of great importance, to the consideration of the House to which it is sent. 3 Hats., 25. Nor when they have rejected a bill from the other House, do they give notice of it; but it passes sub silentio, to prevent unbecoming altercations. 1 Blackst., 183.

[But in Congress the rejection is notified by message to the house in which the bill originated.]

A question is never asked by the one House of the other by way of message, but only at a conference; for this is an interrogatory, not a message. 3 Grey 151, 181.

When a bill is sent by one House to the other, and is neglected, they may send a message to remind them of it. 3 Hats., 25.; 5 Grey, 154. But if it be mere inattention, it is better to have it done informally, by communicatio r between the Speakers or members of the two houses.

Where the subject of a message is of a nature that can properly be communicated to both houses of Parliament, it is expected that this communica

tion should be made to both on the same day. But where a message was accompanied with an original declaration, signed by the party to which the message referred, its being sent to one house was not noticed by the other, because the declaration, being original, could not possibly be sent to both houses at the same time. 2 Hats., 260, 261, 262.

The King having sent original letters to the commons, afterwards desires they may be returned, that he may communicate them to the lords. 1 Chan dler, 303.

SECTION XLVIII.

ASSENT.

The house which has received a bill and passed it, may present it for the King's assent, and ought to do it, though they have not by message notified to the other their passage of it. Yet the notifying by message is a form which ought to be observed between the two houses, from motives of respect and good understanding. 2 Hats., 142. Were the bill to be withheld from being presented to the King, it would be an infringement of the rules of Parliament. Ib.

[When a bill has passed both houses of Congress, the house last acting on it notifies its passage to the other, and delivers the bill to the Joint Committee of Enrollment, who see that it is truly enrolled in parchment.] When the bill is enrolled, it is not to be written in paragraphs, but solidly, and all of a piece, that the blanks between the paragraphs may not give room for forgery. 9 Grey, 143. [It is then put into the hands of the Clerk of the House of Representatives to have it signed by the Speaker. The Clerk then brings it by way of message to the Senate to be signed by their President. The Secretary of the Senate returns it to the Committee of Enrollment, who present it to the President of the United States. If he approve, he signs, and deposits it among the rolls in the office of the Secretary of State, and notifies by message the house in which it originated that he has approved and signed it; of which that house informs the other by message. If the President disapproves, he is to return it with his objections to that house in which it shall have originated, who are to enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent together with the President's objections to the other house, by which it shail likewise be reconsidered; and if approved by two-thirds of that house, it shall become a law. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by its adjournment prevent its return; in which case it shall not be a law. Const. U. S. I, 7.]

[Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjourn ment,) shall be presented to the President of the United States, and before he same shall take effect, shall be approved by him; or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Repre

sentatives, according to the rules and limitations prescribed in the case of a bill. Const. U. S., I, 7.]

SECTION XLIX.

JOURNALS.

[Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secresy. Const., I, 5.]

[The proceedings of the Senate, when not acting as in a Committee of the Whole, shall be entered on the journals as concisely as possible, care being taken to detail a true account of the proceedings. Every vote of the Senate shall be entered on the journals, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, be also inserted on the journal. Rule 33.]

[The titles of bills, and such parts thereof only, as shall be affected by proposed amendments, shall be inserted on the journals. Rule 32.]

If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote; but when suppressed by the previous question, the first question must be stated, in order to introduce and make intelligible the second. 2 Hats., 83.

So also when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals; because it makes part of the vote of postponement, adjourning, or laying it on the table.

Where amendments are made to a question, those amendments are not printed in the journals, separated from the question; but only the question as finally agreed to by the House. The rule of entering in the journals only what the House has agreed to, is founded in great prudence and good sense; as there may be many questions proposed, which it may be improper to publish to the world in the form in which they are made. 2 Hats., 85.

[In both houses of Congress, all questions whereon the yeas and nays are desired by one-fifth of the members present, whether decided affirmatively or negatively, must be entered in the journals. Const., I, 5.]

The first order for printing the votes of the House of Commons was October 30, 1685. 1 Chandler, 387.

Some judges have been of opinion that the journals of the House of Commons are no records, but only remembrances. But this is not law. Hob., 110, 111; Lex. Parl., 114, 115; Jour. H. C. Mar. 17, 1592; Hale, Parl., 105. For the lords in their house have power of judicature, the commons in their house have power of judicature; and both houses together have power of judicature; and the Book of the Clerk of the House of Commons is a record, as is affirmed by act of Parl., 6, H. 8 c. 16; 4 Inst., 23, 24; and every member of the House of Commons hath a judicial place. 4 Inst., 15. As records they are open to every person, and a printed vote of either house is sufficient ground for the other to notice it. Either may appoint a committee to inspect