Bill, Report taken up.-Bills, Second Reading, &c. 115

SECTION 32.

BILL, REPORT TAKEN up.

WHEN the report of a paper originating with a com mittee is taken up by the House, they proceed exactly as in committee. Here, as in committee, when the paragraphs have, on distinct questions, been agreed to seriatim, 5 Grey 366. 6 Grey 368. 8 Grey 47, 104, 360. 1 Torbuck's Deb. 125. 3 Hats. 348. no question needs be put on the whole report. 5 Grey 381.

On taking up a bill reported with amendments, the a mendments only are read by the clerk, The Speaker then reads the first, and puts it to the question, and so on, till the whole are adopted or rejected, before any other amendment be admitted, except it be an amendment to an amendment. Elsynge's Mem. 53. When through the amendments of the committee, the Speaker of the House of Representatives pauses, and gives time for amendments to be proposed in the House to the body of the bill: as he does also if it has been reported without amendments; putting no questions but on amendments proposed: and when through the whole, he puts the question whether the bilk shall be read a third time? Jefferson' Manual 83.

SECTION 33.

BILLS, SECOND READING IN THE HOUSE.

IN Parliament, after the bill has been read a second time, if, on the motion and question, it be not committed, or if no proposition for commitment be made, the Speaker reads it by paragraphs, pausing between each, but putting no question but on amendments proposed; and when thro the whole, he puts the question whether it shall be read a third time? if it came from the other House; or, if origin. ating with themselves, whether it shall be engrossed and read a third time? The Speaker reads sitting, but rises to put questions. 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 as the act of the Senate, has never been seen in Senate. In reducing numerous, difficult, and illegible amendments into the text, the Secretary may, with the most innocent intentions, com. mit errors, which can never again be corrected.

After the bill has been finally agreed to, it is ordered to be engrossed. It is then prepared to be read the third

time

The bill being now as perfect as its friends can make it, this is the proper stage for those fundamentally opposed, to make their first attack. All attempts at earlier periods are with disjointed efforts; because many who do not expect to be in favor 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 will 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 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 behoves 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?

When the bill is engrossed, the title is to be endorsed on the back, and not within the bill. Haken. 250.

In the Assembly it is also written within the bill, at top.

SECTION 34.

READING PAPERS.

WHERE papers are laid before the House, or referred to a committee, every member has a right to have them ouce read at the table, before he can be compelled to vote on them. But it is a great, though oommon 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 manifest 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. Ib.

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 U. S. 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 Senate, it pass▸ed in the negative; February 28, 1793.

Formerly when papers were referred to a committee, they used to be first read: but of late, only the titles; un

less a member insists they shall be read, and then nobody can oppose it. 2 Hats. 117.

SECTION 35.

PRIVILEGED QUESTIONS..

No motion shall be debated or put, unless the same be seconded; when a motion is seconded, it shall be stated by the Speaker before debate, and every such motion shall be reduced to writing, if the Speaker or any member desire it.-R. of A. 9.

After a motion is stated by the Speaker, it shall be deemed to be in possession of the House; but may be withdrawn at any time before decision or amendment.-R. of

A. 10.

When a question is under debate, no motion shall be received, unless to amend it, to commit it, to postpone it to a day certain, for the previous question, or to adjourn.R. of A. 11.

A motion to adjourn shall be always in order, and shall be decided without debate.-R. of A. 12.

The previous question, until it is decided, shall pre clude all amendment and debate of the main question, and shall be in this form-shall the main question be now put? —R. of A. 13.

No member shall speak more than once, without leave, upon a previous question.-R. of A. 14.

A motion for commitment, until it is decided, shall preclude all amendment of the main question.-R. of A. 15. It is no possession of a bill, unless it be delivered to the Clerk to be read, or the Speaker reads the title. Lex. Part. 274. Elsynge Mem. 95. Ord. House of 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 voce. The order is a repeal of the general rule as to this special case. When any member moves therefore 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 motion, 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.

When the House have proceeded to "the general orders of the day," no other business shall be in order until the House have disposed of the same, by laying them upon the table, or by postponing them until the next day.K. of A. 42.

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 a question 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,