[731.2] [731.3] 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, and that which goes to the other House as the act of the Senate, has never been seen in the Senate. In reducing numerous, difficult, and illegible amendments into the text, the Secretary may, with the most innocent intentions, commit errors which can never again be corrected. NOTE. Under the present rules of the Senate (Rule XV, clause 2) no measure can be amended after it has been ordered to be read a third time, unless by unanimous consent, but as matter of fact the engrossment is not made until the measure has finally passed. 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 engrossed and 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 behooves everyone 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 indorsed on [731.4] the back, and not within the bill. Hakew., 250. SEC. XXXII. READING PAPERS [732] Where papers are laid before the House or referred to a [732.1] committee, every member has a right to have them once read at the table before he can be compelled to vote on them; but it is a great though common error to suppose that he has a right, toties quoties, to have acts, journals, accounts, or papers on the table read independently of the bill of the House. The delay and interruption which this might be made to produce evince the possibility 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. NOTE.-See Senate Rule XI. It is equally an error to suppose that any member has a [732.2] 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 [732.3] paper in his place, if it be objected to, without leave of the House. But this rigor 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, [732.4] 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 Senate on a bill from the [732.5] House of Representatives being under consideration: On [732.6] [733] motion that the report of the committee of the House of Representatives on the same bill be read in the Senate, it passed in the negative. Feb. 28, 1793. Formerly, when papers were referred to a committee, they used to be first read, but of late only the titles, unless a member insists they shall be read, and then nobody can oppose it. 2 Hats., 117. SEC. XXXIII. PRIVILEGED QUESTIONS [733.1] It is no possession of a bill unless it be delivered to the Clerk to read, or the Speaker reads the title.-Lex Parl., 274; Elsynge Mem., 85; Ord. House of Commons, 64. [733.2] [733.3] [733.4] It is a general rule that the question first moved and seconded shall be first put. Scob., 22, 28; 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. NOTE.-See Senate Rules IX and XXII. case. 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 vice. The order is a repeal of the general rule as to this special When any member moves, therefore, for the order 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 can not be taken away but by another special order. NOTE.-See Senate Rule X. After these there are other privileged questions, which will [733.5] require considerable explanation. It is proper that every parliamentary assembly should have certain forms of questions, 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. 5. To commit. 6. To amend. proper occasion for each of these questions should be understood. The 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, if they wish to suppress it for the whole of that session, they postpone it indefinitely. 3 Hats., 183. This quashes the proposition for that session, as an indefinite adjournment is a dissolution, or the continuance of a suit sine die is a discontinuance of it. 3. When a motion is made which it will be proper to act on, but information is wanted, or something more pressing claims the present time, the question or debate is adjourned to such day within the session as will answer the views of the House. 2 Hats., 81. And those who have spoken before may not speak again when the adjourned debate is resumed. 2 Hats., 73. Sometimes, however, this has been abusively used by adjourning it to a day beyond the session, to get rid of it altogether, as would be done by an indefinite postponement. [733.6] 4. When the House has something else which claims its present attention, but would be willing to reserve in their power to take up a proposition whenever it shall suit them, they order it to lie on their table. It may then be called for at any time. NOTE.-See Senate Rule XXII. 5. If the proposition will want more amendment and digestion than the formalities of the House will conveniently admit, they refer it to a committee. 6. But if the proposition be well digested, and may need but few and simple amendments, and especially if these be of leading consequence, they then proceed to consider and amend it themselves. The Senate, in their practice, vary from this regular gradation of forms. Their practice comparatively with that of Parliament stands thus: FOR THE PARLIAMENTARY: THE SENATE USES: Postponement indefinite............ Postponement to a day beyond Adjournment. Lying on the table... [733.7] [733.8] the session. Postponement to a day within the session. [Postponement indefinite. In their VIIIth rule (XXII), therefore, which declares that while a question is before the Senate no motion shall be received, unless it be for the previous question, or to postpone, commit, or amend the main question, the term postponement must be understood according to their broad use of it, and not in its parliamentary sense. Their rule, then, establishes as privileged questions, the previous question, postponement, commitment, and amendment. But it may be asked, Have these questions any privilege among themselves; or, are they so equal that the common principle of the "first moved first put" takes place among |