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 resolve, 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 in 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 1st degree, and the amendment to that again by 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 amend

ment 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.

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 adherence.-3 Hats. 270. And in all cases of conference asked after a vote of disagreement, &c. the conefrees 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 if 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, or 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, reading of a bill.-1 Grey, 194. gular instance.

after the first This is a sin

SECTION XLVII.

MESSAGES.

Messages 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.