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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 2d reading, makes an amendment; on the 3d 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 second 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. 71; 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. -3 Grey, 144. The other House then, if satisfied, vote the reasons 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 entered in their journals.—6 Grey, 220; 3 Hats. 280. (Vide Joint Rules, 1.) This report cannot be amended or altered as that of a committee may be. Journ. Senate, May 24, 1796.

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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, 147. 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 instances of conference 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 adhe

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rence.-3 Hats. 270. And in all cases of conference asked after a vote of disagreement, &c., 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.-3 Hats. 271, 317. 323, 354; 10 Grey, 146.

After a free conference the usage is to proceed with free conferences, and not to 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 offence 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, er articles 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.-7 Grey, 128, 300, 387; 7 Grey, 80; 8 Grey, 210, 255; 1 Torbuck's Deb. 278; 10 Grey, 293; 1 Chandler, 49, 287. But this is not modern practice.-8 Grey, 255.

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

SECTION XLVII.

MESSAGES.

MESSA ES between the Houses are to be sent only while both Houses are sitting.-3 Hats. 15. They are received during a 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 calling. The first case is short: the second and third are cases where any interruption might occasion errors difficult to be corrected.-Rule 46.

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

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

If messengers commit an error in delivering their messages, 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 discovery 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 bills from the other House, has retired, the Speaker holds

the bill 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 Black. 133.

But in Congress the rejection is notified by message to the House in which the bill originated.-Joint Rules.

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 communications between the Speakers, or members of the two Houses.

Where the subject of a message is of a nature that it can properly be communicated to both Houses of Parliament, it is expected that this communication 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 pos sibly be sent to both Houses at the same time.—2 Hats. 260, 261, 262.

The King having sent original letters to the Com

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