Thomas Jefferson: A Manual of Parliamentary Practice

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Thomas Jefferson: A Manual of Parliamentary Practice IF, on a question for rejection, a bill be retained, it passes of course to its next reading. Hakew. 141. Scob. 42. And a question for a second reading, determined negatively, is a rejection without farther question. 4 Grey 149. And see Elsynge's Memor. 42. in what cases questions are to be taken for rejection. Where questions are perfectly equivalent, so that the negative of the one amounts to the affirmative of the other, and leaves no other alternative, the decision of the one concludes necessarily the other. 4 Grey 157. Thus the negative of striking out amounts to the affirmative of agreeing; and therefore, to put a question on agreeing after that on striking out, would be to put the same question in effect twice over. Not so in questions of amendments between the two Houses. A motion to recede being negatived, does not amount to a positive vote to insist, because there is another alternative, to wit, to adhere. A bill originating in one House, is passed by the other with an amendment. A motion in the originating House to agree to the amendment is negatived. Does there result from this a vote of disagreement, or must the question on disagreement be expressly voted The questions respecting amendments from another House are, 1. To agree. 2. Disagree. 3. Recede. 4. Insist. 5. Adhere. 1st. To agree. 2nd. To disagree. Either of these concludes the other necessarily: for the positive of either is exactly the equivalent of the negative of the other, and no other alternative remains. On either motion amendments to the amendment may be proposed, e.g. if it be moved to disagree, those who are for the amendment have a right to propose amendments, and to make it as perfect as they can, before the question of disagreeing is put. 3d. To recede. You may then either insist or adhere. 4th. To insist. You may then either recede or adhere. 5th. To adhere. You may then either recede or insist. Consequently the negative of these is not equivalent to a positive vote the other way. It does not raise so necessary an implication as may authorise the secretary by inference to enter another vote: for two alternatives still remain, either of which may be adopted by the House. SEC. XXXIX. THE QUESTION. THE question is to be put first on the affirmative, and then on the negative side. http://www.constitution.org/tj/tj-mpp.htm (46 of 70) [4/14/2008 6:37:46 PM]
Thomas Jefferson: A Manual of Parliamentary Practice After the Speaker has put the affirmative part of the question, any member who has not spoken before to 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. 2 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. 79, 2, 87. 5 Grey 129. 9 Grey 301. SEC. 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, &c." he states that "the preamble recites so and so.... the 1st section enacts that, &c. the 2d 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 an 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 337. col. 2, 414, col. 2. http://www.constitution.org/tj/tj-mpp.htm (47 of 70) [4/14/2008 6:37:46 PM]
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Thomas Jefferson: A Manual of Parliamentary Practice

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