After A is inserted, however, it may be moved to strike out a portion of the original paragraph, comprehending A, provided the coherence to be struck out be so substantial as to make this effectively a different proposition. For then it is resolved into the common case of striking out a paragraph after amending it. Nor does any thing forbid a new insertion, instead of A and its coherence.

In Senate, January 25, 1798, a motion to postpone until the second Tuesday in February, some amendments proposed to the Constitution. The words, until the second Tuesday in February,' were struck out by way of amendment. Then it was moved to add, until the first day of June.' Objected, that it was not in order, as the question should first be put on the longest time; therefore, a shorter time decided against, a longer cannot be put to question. It was answered, that this rule takes place only in filling blanks for time. But when a specific time stands part of a motion, that may be struck out as well as any other part of the motion; and when struck out a motion may be received to insert any other. In fact, it is not till they are struck out, and a blank for the time thereby produced, that the rule can begin to operate, by receiving all the propositions for different times, and putting the questions successively on the longest. Otherwise, it would be in the power of the mover, by inserting originally a short time, to preclude the possibility of a longer. For, till

G

the short time is struck out, you cannot insert a longer; and if, after it is struck out, you cannot do it, then it cannot be done at all. Suppose the first motion had been to amend by striking out the second Tuesday in February,' and inserting instead thereof, the first of June.' It would have been regular then to divide the question, by proposing first the question to strike out, and then that to insert. Now this is precisely the effect of the present proceeding; only instead of one motion and two questions, there are two motions and two questions, to effect it: the motion being divided as well as the question.

When the matter contained in two bills might be better put into one, the manner is to reject the one, and incorporate its matter into another bill by way of amendment. So, if the matter of one bill would be better distributed into two, any part may be struck out by way of amendment, and put into a new bill. If a section is to be transposed, a question must be put on striking it out where it stands, and another for inserting it in the place desired.

A bill passed by the one House, with blanks. These may be filled up by the other, by way of amendments, returned to the first, as such, and passed-3 Hats. 83.

The number prefixed to the section of a bill being merely a marginal indication, and no part of the text of the bill, the clerk regulates that; the House or committee is only to amend the

text.

SECTION XXXV1.

DIVISION OF THE QUESTION.

If a question contain more parts than one, it may be divided into two or more questionsMem. in Hakew. 29. But not as the right of an individual member, but with the consent of the House. For who is to decide whether a question is complicated or not? where it is complicated? into how many propositions it may be divided? The fact is, that the only mode of separating a complicated question is by moving amendments to it; and these must be decided by the House on a question, unless the House orders it to be divided: as on the question, Dec. 2, 1640, making void the election of the Knights for Worcester, on a motion it was resolved to make two questions of it, to wit, one on each Knight.-2 Hats. 85, 86. So, wherever there are several names in a question, they may be divided and put one by one.-9 Grey, 444. So, 1729, April 17, on an objection that a question was complicated, it was separated by amendment.-2 Hats. 79. 5.

The soundness of these observations will be evident from the embarrassments produced by the 12th rule of the Senate, which says, 'If the question in debate contain several points, any member may have the same divided:' but, on a motion to strike out and insert, it shall not be in order to move for a division of the question; but the rejection of a motion to strike out and insert

one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent motion, simply to strike out: nor shall the rejec tion of a motion, simply to strike out, prevent a subsequent motion to strike out and insert.

tee.

1798, May 30, the alien bill in quasi-commit

To a section and proviso in the original, had been added two new provisos by way of amendment. On a motion to strike out the section as amended, the question was desired to be divided. To do this, it must be put first on striking out either the former proviso, or some distinct member of the section. But when nothing remains but the last member of the section, and the provisos, they cannot be divided so as to put the last member to question by itself; for the provisos might thus be left standing alone as exceptions to a rule when the rule is taken away; or the new provisos might be left to a second question, after having been decided on once before at the same reading; which is contrary to rule. But the question must be on striking out the last member of the section as amended. This sweeps away the exceptions with the rule, and relieves from inconsistence. A question to be divisible, must comprehend points so distinct and entire, that one of them being taken away, the other may stand entire. But a proviso or exception, with an enacting clause, does not contain an entire point or proposition.

May 31. The same bill being before the SeThere was a proviso, that the bill should

nate.

not extend, 1. To any foreign minister; nor 2. To any person to whom the President should give a passport; nor 3. To any alien merchant, conforming himself to such regulations as the President shall prescribe; and division of the question into its simplest elements was called for. It was divided into four parts, the 4th taking in the words, conforming himself,' &c. It was objected, that the words any alien merchant' could not be separated from their modifying words, conforming,' &c., because these words, if left by themselves, contain no substantive idea, will make no sense. But admitting that the divisions of a paragraph into separate questions must be so made as that each part may stand by itself, yet the House having, on the question, retained the two first divisions, the words, any alien merchant,' may be struck out, and their modifying words will then attach themselves to the proceeding description of persons, and become a modification of that description.

6

When a question is divided, after the question on the first member, the 2d is open to debate and amendment: because it is a known rule, that a person may rise and speak at any time before the question has been completely decided, by putting the negative, as well as the affirmative side. But the question is not completely put when the vote has been taken on the first member only. One half of the question, both affirmative and negative, still remains to be put.