each, but putting no questions but on amendments proposed; and when through the whole, he puts the question, Whether it shall be read a third time? if it came from the other House. Or, if originating with themselves, Whether it shall be engrossed and read a third time? The Speaker reads sitting, but rises to put a question. The clerk stands while he reads. But the Senate of the United States is so much in the habit of making many and material amendments at the third reading, that it has become the practice not to engross a bill till it has passed. An irregular and dangerous practice; because, in this way, the paper which passes the Senate is not that which goes to the other House; and that which goes to the other House as the act of the Senate, has never been seen in Senate. In reducing numerous, difficult, and ille. gible amendments into the text, the secretary may, with the most innocent intentions, commit errors which can never again be corrected.* The bill being now as perfect as its friends can make it, this is the proper stage for those, fundament ally opposed, to make their first attack. All attempts at other periods are with disjointed efforts; because many who do not expect to be in favour of the bill, ultimately, are willing to let it go on to its perfect state, to take time to examine it themselves, and to hear what can be said for it; knowing that, after all, they have sufficient opportunities of giving it their veto. Its two last stages, therefore, are reserved for this, that is to say, on the question, Whether it shall be engrossed and read a third time? and, lastly, Whether it shall pass? The first of these is usually the most interesting contest; because then the whole subject is new and engaging, and the minds of the members having not yet been declared by any trying vote, the issue is the more doubtful. In this stage therefore, is the main trial of strength between its friends and opponents; and it behooves every one to make up his mind decisively for this question, or he loses the main battle; and accident and management may, and often do, prevent a successful rallying on the next and last question, Whether it shall pass? * This difficulty has since been obviated by the following Rule of the Senate: "The final question upon the second reading of every bill, resolution, constitutional amendment, or motion, originating in the Senate, and requiring three readings previous to being passed, shall be, Whe ther it shall be engrossed and read a third time? and no amendment shall be received for discussion at the third reading of any bill, resolution, amendment, or motion, unless by unanimous consent of the members present: but it shall at all times be in order, before the final passage of any such bill, resolution, constitutional amendment, or motion, to move its commitment; and should such commitment take place, and any amendment be reported by the committee, the saio bill, resolution, constitutional amendment, or motion, shall be agai read a second time, and considered as in committed of the whole, and then the aforesaid question shall be again put"-Rule 29. When the bill is engrossed, the title is to be endorsed on the back, and not within the bill.--Hakew. 250. SECTION XXXΙΙ. READING PAPERS. WHERE papers are laid before the House, or referred to a committee, every member has a right to have them once read at the table, before he can be compelled to vote on them. But it is a great, though common error, to suppose that he has a right, toties quoties, to have acts, journals, accounts, or papers, on the table, read independently of the will of the House. The delay and interruption, which this might be made to produce, evince the impossibility of the existence of such a right. There is indeed so mani Cest a propriety of permitting every member to have as much information as possible on every question on which he is to vote, that when he desires the reading, if it be seen that it is really for information, and not for delay, the Speaker directs it to be read without putting a question, if no one objects. But if objected to, a question must be put. - 2 Hats. 117, 118. It is equally an error to suppose, that any member has a right, without a question put, to lay a book or paper on the table, and have it read, on suggesting that it contains matter infringing on the privileges of the House.-2 Hats. 117, 118. For the same reason, a member has not a right to read a paper in his place, if it be objected to, without leave of the House. But this rigour is never exercised but where there is an intentional or gross abuse of the time and patience of the House. A member has not a right even to read his own speech, committed to writing, without leave. This also is to prevent an abuse of time; and therefore is not refused, but where that is intended. 2 Grey, 227. A report of a committee of the Senate on a bill from the House of Representatives being under consideration, on motion that the report of the committee of the House of Representatives on the same bill be read in the Senate, it passed in the negative. Feb. 28, 1793. Formerly, when papers were referred to a committee, they used to be first read; but of late, only the titles; unless a member insists they shall be read, and then nobody can oppose it. --2 Hats. 117. SECTION XXXIII. PRIVILEGED QUESTIONS. WHEN a question is under debate, no motion shall be received bui & adjourn, to lie on the table, to postpone indefinitely, to postpone te a day certain, to commit, or to amend; which several motions shal have precedence in the order they stand arranged, and the motion for adjournment shall always be in order, and be decided without debate --Rule 11. When a question is under debate, no motion shall be received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to commit or amend, to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged: and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall be again allowed on the same day, and at the same stage of the bill or proposition. A motion to strike out the enacting words of a bill shall have precedence of a motion to amend, and if carried, shall be considered equivalent to its rejection. Rules H. R. 41 It is no possession of a bill, unless it be delivered to the clerk to be read, or the Speaker reads the title. Lex. Parl. 274; Elsynge, Mem. 85; Ord. House Commons, 64. It is a general rule, that the question first moved and seconded shall be first put. - Scob. 28, 22; 2 Hats. 81. But this rule gives way to what may be called privileged questions; and the privileged questions are of different grades among themselves. A motion to adjourn, simply takes place of all others; for otherwise the House might be kept sitting against its will, and indefinitely. Yet this motion cannot be received after another question is actually put, and while the House is engaged in voting. Orders of the day take place of all other questions, except for adjournment. That is to say, the question which is the subject of an order, is made a privileged one, pro hac vice. The order is a repeal of the general rule as to this special case. When any member moves, herefore, for the orders of the day to be read, no further debate is permitted on the question which was before the House; for if the debate might proceed, it might continue through the day, and defeat the order. This motior, to entitle it to precedence, must be for the orders generally, and not for any particular one; and if it be carried on the question, "Whether the House will now proceed to the orders of the day?" they must be read and proceeded on in the course in which they stand. -2 Hats. 83. For priority of order gives priority of right, which cannot be taken away but by another special order. After these there are other privileged questions, which will require considerable explanation. It is proper that every Parliamentary assembly should have certain forms of question, so adapted as to enable them fitly to dispose of every proposition which can be made to them. Such are, 1. The previous question: 2. To postpone indefinitely: 3. To adjourn to a definite day: 4. To lie on the table: 5. To commit: 6. To amend. The proper occasion for each of these questions should be understood. 1. When a proposition is moved, which it is useless or inexpedient now to express or discuss, the previous question has been introduced for suppressing, for that time, the motion and its discussion. - 3 Hats. 188, 189. 2. But as the previous question gets rid of it only for that day, and the same proposition may recur the next day, if they wish to suppress it for the whole of that session, they postpone it indefinitely. -3 Hats. 183. This quashes the proposition for that session, as an indefinite adjournment is a dissolution, or the continuance of a suit sine die is a discontinuance of it. 3. When a motion is made which it will be proper to act on, but information is wanted, or something more pressing claims the present time, the question or debate is adjourned to such a day within the session as will answer the views of the House. -2 Hats. 81. And those who have spoken before, may not speak |