Answers to messages. Business interrupted. General character of a conference. Subjects for a conference. to call in the messengers. The serjeant again advances to the table, and takes the mace, with which he introduces the messengers, and walks up to the table of the house on their right hand. They all make three obeisances in coming up the house, and, on reaching the table, one of the masters reads the message; and, when there are bills, delivers them to the clerk of the house. The serjeant retires with them to the bar (all making obeisances), and then returns and replaces the mace upon the table. When answers are required to be made to messages, they are returned either by the same messengers, who are again called in for that purpose; or the messengers are acquainted that the house will send an answer by messengers of their own. The business of the house by which a message is sent is not interrupted while their messengers are proceeding to the other house: but the house by which a message is received, usually take an early opportunity of discontinuing the business under discussion, so as not to detain the messengers. By 2. A conference is a mode of communicating important matters from one house of Parliament to the other, more formal and ceremonious than a message, and better calculated to explain opinions and reconcile differences. a conference both houses are brought into direct intercourse with each other, by deputations of their own members; and so entirely are they supposed to be engaged in it, that while the managers are at the conference, the deliberations of both houses are suspended. Either house may demand a conference upon matters which, by the usage of Parliament, are allowed to be proper occasions for such a proceeding: as, for example, 1. To communicate resolutions or addresses to which the concurrence of the other house is desired.1 2. Concerning the privileges of Parliament. 3. In relation to the course of proceeding in Parliament.' 4. To require statements of facts on which bills have been passed by the other house.2 5. Concerning matters affecting the public peace or security.3 6. To offer reasons for disagreeing to amendments made by one house, to bills passed by the other. manded. On all these and other similar matters it is regular to When to be dedemand a conference; but as the object of communications of this nature is, to maintain a good understanding and co-operation between the houses, it is not proper to use them for interfering with and anticipating the proceedings of one another, before the fitting time. Thus, while a bill is pending in the other house, it is irregular to demand a conference concerning it; and although this rule was not formerly observed with much strictness, it was distinctly declared by the House of Commons, in 1575, to be "according to its ancient rights and privileges, that conference is to be required by that court which, at the time of the conference demanded, shall be possessed of the bill, and not of any other court." The convenience and propriety of this rule is so obvious that it has now, for a long course of years, been invariably observed, not only with regard to bills, but to resolutions that have been communicated. For instance, if the commons have communicated a resolution to the lords, they must wait until some answer has been returned, and not demand another conference upon the same subject. When the lords are prepared with their answer, it is their turn to demand another conference. stated. In demanding a conference, the purpose for which it is Purpose to be desired should be explained, lest it should be on a subject not fitting for a conference; as concerning a bill in possession of the house of whom the conference is demanded, or any other interference with the independent proceedings of the other house; in which case a conference might pro 189 Com. J. 220. 90 Ib. 656. 3 19 Ib. 630. 4 1 Ib. 114. Reasons offered. 992 66 perly be declined. The causes of demanding a conference The occasions upon which conferences are most frequently demanded are to offer reasons for disagreeing to amendments to bills; when the course of proceeding is as follows. When any amendment made by the other house is disagreed to, a committee is appointed to draw up reasons for such disagreement, to be offered at the conference; and when the reasons prepared by the committee are reported to the house and agreed to, a message is sent to desire Time and place the conference. It is the peculiar privilege of the lords to of meeting. Managers appointed. name both the time and place of meeting, whether the conference be desired by themselves or by the commons; and when they agree to a conference, they at the same time appoint when and where it shall be held. Both houses communicate to each other their agreement to a conference by messages in the ordinary manner. Each house appoints managers to represent it at the conference, and it is an understood rule that the number on the part of the commons shall be double that on the part of the lords; although it is not the modern practice 185 Com. J. 473. 2 88 Ib. 488. 4 89 Ib. 232. (Sir J. Barrington). 3 81 Ib. 116. (Slaves). to make any mention of this circumstance when conferences are agreed to. The managers for the house which desires the conference are the members of the committee who drew up the reasons, to whom others are generally added; and on the part of the other house they are usually selected from those members who have taken an active. part in the discussions on the bill, if present; or otherwise any members are named who happen to be in their places. The duty of the managers is confined to the delivery and Duty of manareceipt of the resolutions to be communicated, or the bills gers. to be returned, with reasons for disagreeing to amendments. They are not at liberty to speak, either to enforce the resolutions or reasons communicated, or to offer objections to them. One of their number reads the resolutions or reasons, and afterwards delivers a paper on which they are written, which is received by one of the managers for the other house. When the conference is over, the managers return to their respective houses and report their proceedings. In order to make the subsequent proceedings upon a Conferences in bill' perfectly intelligible, let it be supposed that a bill regard to bills. sent up from the commons has been amended by the lords and returned; that the commons disagree to their amendments, draw up reasons, and desire a conference; that the conference is held, and the bill and reasons are in possession of the House of Lords. If the lords should be satisfied with the reasons offered, they do not desire another conference, but send a message to acquaint the commons that they do not insist upon their amendments. But if they insist upon the whole or part of their amendments, they desire another conference, and communicate the reasons of their perseverance. If the commons be stil. dissatisfied with these reasons, and persist in their disagreement to the lords' amendments, they are precluded, by the usage of Parliament, from desiring a third conference; 1 See also Chapter XVIII. Free confer ence. Forms of holding. and unless they let the bill drop, lay it aside, or defer the consideration of the reasons and amendments, they must desire a free conference. A free conference differs materially from the ordinary conference; for, instead of the duties of the managers being confined to the formal communication of reasons; they are at liberty to urge their own arguments, offer and combat objections, and, in short, to attempt, by personal persuasion, to effect an agreement between the houses, which the written reasons had failed in producing. If a free conference should prove as unsuccessful as the former, the disagreement is almost hopeless; but if the house in possession of the bill should at length be prepared to make concessions, in the hope of an ultimate agreement, it is competent to desire another free conference. It only remains to notice the manner in which conferences are held. When the time appointed has arrived, business is suspended in both houses, the managers leave their places, and repair to the chamber in which they are to meet. The lords have their hats on till they come just within the bar of the place of conference, when they take them off, and walk uncovered to their seats; they then seat themselves, and remain sitting and covered during the conference. The commons enter the room uncovered, and remain standing the whole time. The lord who receives or delivers the paper on which the resolutions or reasons are written, stands up uncovered while the paper is being transferred from one manager to the other; but while reading it, he sits covered. When the conference is over, the lords rise from their seats, take off their hats, and walk uncovered from the place of conference. The lords who speak at a free conference, do so standing and uncovered.2 1 See the proceedings between the two houses on the municipal corporations bill in 1836, in the Journals of the Lords and Commons. 24 Hats. 28 n. |