same in all cases, namely, shall the bill pass notwithstanding the objections of the executive, and must in all cases be taken by yeas and nays, which must be recorded on the journal. It may be disposed of, either temporarily or permanently, by any of the subsidiary motions, except that of amendment, which, as a veto bill must be passed or rejected as it stands, is not admissible. On any of the motions for disposing of the bill, whether made at the present time or any other, the question thereon is to be taken and decided in the ordinary manner, and by the ordinary majority. The final question on the bill, as stated above, must, on the contrary, be taken in the manner prescribed, and decided by the majority required, usually greater than is required on other questions in each particular constitution. 2387. (6.) This majority is variously expressed in the different constitutions; and, with one exception, which will be presently stated, it is the same in both branches. These constitutional provisions may, however, be all reduced to four classes; first, in the constitution of the United States, and in those of the States of Maine, New Hampshire, Massachusetts, Pennsylvania, Mississippi; New York, Georgia, Texas, Wisconsin, Iowa, and California, the house being duly constituted for the transaction of business, the majority required is that of two thirds of the members present; second, in those of Louisiana, and Michigan, two thirds of all the members elected; third, in those of Vermont and Connecticut, the ordinary majority; and, fourth, in the constitutions of New Jersey, Florida, Alabama, Kentucky, Indiana, Illinois, and Arkansas, the majority required is a majority of all the members elected. In the constitution of Missouri, it is remarkable, that in the house to which a bill is returned with objections, the ordinary majority only is required to pass it, but in the other, it must be passed by a majority of all the members elected to that house.2 2388. (7.) If the bill passes in the house to which it is returned by the requisite majority, it is then to be sent to the other, to be there reconsidered, with the objections of the executive, by a message from the former. If, on such reconsideration, the house agrees to pass the bill by the requisite majority, it then becomes a law.3 The vote on the bill, whether in the affirmative or negative, does 1 Cong. Globe, XV. 1184. 2 The intention was probably the same, in regard to both branches, but the language is different. 3 See the proceedings of the two houses of congress, on the third of March, 1845, in passing a vetoed bill, "relating to revenue cutter steamers." J. of S. 28th Cong. 2d Sess. 262. not admit of being reconsidered.1 But a new bill may be offered, if not otherwise objectionable.2 2389. (8.) There seems to be no good reason why a bill which has been passed in this manner should not be authenticated by a certificate thereon of the proceedings with relation to the same in each branch, signed by the proper authenticating officers thereof, respectively, and deposited at once without the intervention of the executive, in the place or custody appropriated for the keeping of the laws. But, in one case, it was thought necessary by congress to pass a joint resolution, "that the secretary of the senate be directed to present to the secretary of state, the bill in question, with certified extracts from the journals of the senate and house, showing the proceedings in the two houses of congress respectively on the same bill, after the same had been returned to the senate by the president with his objections thereto." 3 2390. (9.) When bills have been agreed to, and become laws, in any of the ways above mentioned, that is to say, either by the concurrence of the two branches alone, or by such concurrence, accompanied by the approval of the executive, or by such concurrence, notwithstanding the objections of the executive, they are deposited and kept by the proper officer, appointed by law, or designated by usage, for the purpose, by whom or whose authority, the laws are authenticated and published, from time to time, for the information of the people, and as evidence in courts of justice. This is so generally the case, that the necessity of proving by an authenticated copy seldom occurs.4 1 J. of H. 27th Cong. 1st Sess. 1093, 1095, 1097, 1098; Cong. Globe, XIII. 672. 2 J. of S. V. 636. 3 J. of S. 28th Cong. 2d Sess. 262. 4 For full and accurate information on this subject, which does not properly belong to the plan of this work, see the works on evidence generally, and May, 580, and following. 78 CHAPTER TWENTY-THIRD. OF SEVERAL MISCELLANEOUS MATTERS CONNECTED WITH THE PASSING OF BILLS. 2391. This chapter is devoted to the consideration of several topics, which either do not make a necessary part of the proceedings on bills, at any of the regular stages in their progress, or which are quite independent of the progress of a bill, but are too important, in their connection with bills, to be wholly overlooked. These proceedings relate chiefly to the correction of mistakes between the two houses, with regard to the passing of bills; to the reconsideration of votes respecting the same; to the correction of mistakes in declaring and recording the votes thereon; and how far the validity of the proceeding is affected by the want of the usual forms. 2392. If any mistake occurs in the delivery of a message accompanying a bill, which is not discovered until the messengers have returned, the mistake may be corrected by means of a new message, either from the house by which the first was sent, or from the other, suggesting the occurrence of the mistake. 2393. It sometimes happens, where a bill, which is passed in one house, and sent to the other, is there passed with amendments, that the latter are incorrectly engrossed or certified, when the bill is returned to the house in which it originated. Where this is the case, the amending house informs the other of the fact, by message, and either requests a return1 of the bill and amendments, in order that the mistake may be corrected; 2 or that the clerk of the amending house may be permitted to attend3 in the other for that purpose. Where a mistake occurs in the engrossment of a bill which is sent by one house to the other, a similar proceeding takes place.1 Where a bill is sent from one house to the other, without the signature of the clerk of the amending house, the defect is suggested by a message from the house to which the bill is sent, and the clerk of the former is thereupon allowed, on message for the purpose, to 1 J. of H. I. 520; Same, VII. 356; Same, 14th Cong. 1st Sess. 549; J. of S. 14th Cong. 1st Sess. 357; Cong. Globe, XII. 390. 2 In one case, where an amendment, which was not, in fact, adopted, was improperly certified, the mistake appears to have been cor rected, by the amendment being disagreed to. J. of H. I. 267. 3 J. of S. 27th Cong. 3d Sess. 283. 4 J. of H. 27th Cong. 3d Sess. 520; Same, 25th Cong. 2d Sess. 1244. affix his signature to the bill at the clerk's table of the latter; 1 or the bill may be sent to be attested.2 2394. Where a bill is sent from one house to the other by mistake, or is wanted in the originating house for the purpose of reconsideration, or for any other purpose,5 a message is sent from the former requesting its return. 4 2395. In all the above-mentioned cases, in which one house sends to the other for the return of a bill, the message is considered by the house to which it is sent, and the bill ordered to be returned, at the first convenient opportunity, without formally rescinding any of its former votes 6 with relation to the bill. When a bill, returned in this manner, is received back, it is begun again as a new bill. 8 2396. It is a general rule, that it is not competent for either house, or any of its committees, to proceed upon a bill or other paper which is not in its possession; and in such case, therefore, when a bill, joint resolution, or series of amendments, from the other branch, is accidentally lost or mislaid, the house, to which the same is sent, may request of the other, by message, a certified copy of such bill, resolution, or amendments, and this request is never refused; but if the bill or other paper in question is of the same house, and is there referred to a committee of the whole, the committee, on reporting the fact that the paper referred to it is lost or mislaid, or that it has been sent to be printed, and is not likely to be returned in season, may be deferred,10 or the committee may proceed upon a copy furnished by a member.11 2397. The proceedings on a bill, at any stage of its progress, may be interrupted, by its being ordered to lie on the table; and in this case, when the consideration of the bill is resumed, it is taken up at the precise point at which it was suspended.12 2398. The distinction between public and private bills, which, in parliament, leads to the separate consideration of the latter, upon a distinct system, is recognized in all our assemblies,13 in which it is 1 J. of H. 25th Cong. 2d Sess. 254. 2 J. of S. 25th Cong. 2d Sess. 133. 3 J. of S. 25th Cong. 1st Sess, 375; Same, 30th Cong. 2d Sess. 291; Same, 1st Sess. 170. 4 J. of H. 28th Cong. 2d Sess. 554, 555. 5 J. of H. 30th Cong. 1st Sess. 404, 972; J. of S. 32d Cong. 1st Sess. 472. 6 J. of S. 23d Cong. 1st Sess. 375; Same, 25th Cong. 2d Sess. 133; Same, 27th Cong. 1st Sess. 241, 246; Same, 3d Sess. 268. 7 J. of S. 19th Cong. 2d Sess. 131; J. of H. 32d Cong. 1st Sess. 1026; J. of S. 32d Cong. 1st Sess. 592. 8 J. of H. 32d Cong. 1st Sess. 348; J. of S. 32d Cong. 1st Sess. 209, 211. 9 J. of H. IX. 521, 523. 10 J. of H. IX. 339. 11 Cong. Globe, IX. 169. 12 J. of H. I. 241, 242, 245. 13 Whether a bill belongs to the one class or the other, is a question of order. Cong. Globe, XII. 183; Same, XIII. 636. attended, in a greater or less degree, according to the character of each assembly, with corresponding differences in the proceedings. Among these differences, one of the most common is the passing of an order, on the report of a committee or otherwise, requiring the parties interested in the bill, or applying for it, to give notice of such bill or application in the manner pointed out in the order, either to all persons generally, or to particular persons named, requiring them to appear, on a day fixed, and show cause, if they have any, why the application should not be granted.1 In the mean time all further proceedings are, of course, suspended. 3 2399. It is not consistent, as we have seen, with the ordinary practice of parliament, for one house to inform the other by what number a bill passes; 2 yet where a bill or other measure passes without a dissenting vote, it is allowable to insert that fact in the attestation; and it is not disrespectful in one house towards the other, to recommend the bill, as one of great importance, to the consideration of the house to which it is sent.4 For the same reason, if a bill, sent by one house to the other, is there apparently neglected, the first house may remind the other of it by message.5 So one house may be reminded by the other of the report of a committee of conference on the disagreeing votes of the two houses concerning a bill.6 2400. When a bill, sent from one house to the other, is of the same title, or for the same purpose, with a bill of the other already pending in that branch, the course is, as one bill only is necessary to be passed, to refer them both to the same committee, and, upon their report, to reject the one and pass the other. The bill passed may ordinarily be amended, if necessary, by provisions taken from the other; but in the house of representatives in congress, it is provided, by rule, that no bill shall be amended by the annexation or incorporation of any other bill pending before the house. The operation of this rule, however, may be prevented, by a slight change of phraseology.9 2401. Amendments, which are merely the necessary consequence of another and principal amendment, cohere with it, and are dis 1 J. of S. II. 78, 80. 2 Ante, § 2360. 3 Parl. Reg. XV. 238. 4 Jefferson's Manual, Sec. XLVII. 5 Jefferson's Manual, Sec. XLVIII.; Cong. Globe, XV. 1084. Mr. Jefferson remarks, that if this apparent neglect "be mere inattention, it is better to have it done informally, by com munications between the speakers, or members of the two houses." 6 J. of S. 23d Cong. 2d Sess. 239; Reg. of Deb. XI. Part 2, 1661. 7 J. of H. VIII. 651; Same, 14th Cong. 2d Sess. 453, 454, 455. 8 Reg. of Deb. IV. Part 1, 631. |