The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
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 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 has 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 XXXVI.
DIVISION OF THE QUESTION.
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