finished, or they fall, and are to begin de novo. 2 Hats. 94, to 98. Or a part of the subject may be taken up by another bill, or taken up in a different way. 6 Grey 304, 316. And in cases of the last magnitude, this rule has not been so strictly and verbally observed as to stop indispensable proceedings altogether. 2 Hats. 92, 98. Thus when the address on the preliminaries of peace, in 1782, had been lost by a majority of one, on account of the importance of the question, and smallness of the majority, the same question in substance, though with some words not in the first, and which might change the opinion of some members, was brought on again and carried; as the motives for it were thought to outweigh the objection of form. 2 Hats. 99, 100. A second bill may be passed to continue an act of the same session; or to enlarge the time limited for its execu tion. 2 Hats. 95, 98. This is not in contradiction to the first act. SECTION 45. BILLS FROM THE OTHER HOUSE. A bill from the other House is sometimes ordered to lie on the table. 2 Hats. 97. When bills passed in one House and sent to the other, are grounded on special facts requiring proof, it is usual either by message, or at a conference, to ask the grounds and evidence; and this evidence, whether arising out of papers, or from the examination of witnesses, is immediately communicated. 3 Hats. 48. SECTION 46. AMENDMENTS BETWEEN THE HOUSES. WHEN either House, e. g. the House of Commous, sends a bill to the other, the other may pass it with amendments. The regular progression in this case is, that the N Commons disagree to the amendment; the Lords insist on it; the Commons insist on their disagreement; the Lords adhere to their amendment; the Commons adhere to their disagreement. The term of insisting, may be repeated as often as they choose, to keep the question open. But the first adherence by either, renders it necessary for the other to recede or adhere also; when the matter is usually suf fered to fall. 10 Grey 148. Latterly, however, there are instances of their having gone to a second adherence. There must be an absolute conclusion of the subject somewhere, or otherwise transactions between the Houses would become endless. 3 Hats. 268, 270. The term of insisting, we are told by Sir John Trevor, was then (1679) newly introduced into Parliamentary usage, by the Lords. 7 Grey 94. It was certainly a happy innovation, as it multiplies the opportunities of trying modifications which may bring the Houses to a concurrence. Either House however is free to pass over the term of insisting, and to adhere in the first instance. 10 Grey 146. But it is not respectful to the other. In the ordinary Parliamentary course, there are two free conferences at least before an adherence. 10 Grey 147. Either House may recede from its amendment and agree to the bill; or recede from their disagreement to the a. mendment, and agree to the same absolutely, or with an amendment. For here the disagreement and receding destroy one another, and the subject stands as before the disagreement. Elsynge 23, 27. 9 Grey 476. But the House cannot recede from, or insist on its own amendment, with an amendment: for the same reason that åt cannot send to the other House an amendment to its own act after it has passed the act. They may modify an amendment from the other House by ingrafting an amendment on it, because they have never assented to it; but they cannot amend their own amendment, because they have, on the question, passed it in that form. 9 Grey 353. 10 Grey 240. In Senate, March 29, 1798. Nor where one House has adhered to their amendment, and the other agrees with an amendment, can the first House depart from the form which they have fixed by an adherence. In the case of a money bill, the Lords' proposed amendments, become by delay, confessedly necessary. The Commons, however, refused them, as infringing on their privilege 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 Lords' 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 any thing 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 the second and not the third 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 first degree, and the amendment to that again by the amending House, is only in the second, 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 second degree. SECTION 47. CONFERENCES. Whenever the assembly and senate disagree, a conference shall be held in the presence of both, and be managed by committees to be by them respectively chosen by ballot. That the doors both of the senate and assembly, shall at all times be kept open to all persons, except when the welfare of the state shall require their debates to be kept secret. And the journals of all their proceedings shall be kept in the manner heretofore accustomed by the general assembly of the colony of New-York, and except such parts as they shall as aforesaid respectively determine not to make public, be from day to day (if the business of the legislature will permit) published.-Con. S. 15. It is on the occasion of amendments by one House disagreed to by the other, that conferences are usually asked; but they may be asked, 4 Hats. 4, 223, in all cases of difference of opinion between the two Houses, on matters depending between them. 4 Hats. 4, 5, 7. The request of a conference, however, must always be by the House which is possessed of the papers. 3 Hats. 31. 1 Grey 425. 4 Hats. 3, 43. 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, which are asked after two conferences, 4 Hats. 37, 40. the managers discuss, viva voce and freely, and interchange propositions for suck modifications as may be made in a parliamentary way, and may bring the sense of the two Houses together. The conferees may argue in support of what is done in their House, but not against it, nor assent to any new thing there propounded, till their House be informed and agree to it. 4 Hats. 31, 33. 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. 9 Grey 220. 3 Hats. 280. 4 Hats. 48. This report cannot be amended or altered, as that of a committee may be. Journ. Sen. May 24, 1796. A conference may be asked before the House asking it has come to a resolution of disagreement, insisting or adhering. 3 Hals. 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 impossi bility 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 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, &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. Ib. 271, 317, 323, 354. 10 Grey 146. The Commons affirm that it is usual to have two free |