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
When it is proposed to take a vote by yeas and nays, the President or
Speaker states that "The question is whether, _e. g._, the bill shall
pass? That it is proposed that the yeas and nays shall be entered on
the journal. Those, therefore, who desire it will rise." If he finds and
declares that one-fifth have risen, he then states, that "those who are
of opinion that the bill shall pass, are to answer in the affirmative,
those of the contrary opinion, in the negative." The clerk then calls
over the names alphabetically, notes the yea or nay of each, and gives
the list to the President or Speaker, who declares the result. In Senate,
if there be an equal division, the Secretary calls on the Vice-President,
who notes his affirmative or negative, which becomes the decision of
the House.$
In the House of Commons, every member must give his vote the one way or
the other.--_Scob._ 24. As it is not permitted to any one to withdraw
who is in the House when the question is put, nor is any one to be told
in the division who was not in when the question was put.--2 _Hats._ 140.
This last position is always true when the vote is by yeas and nays;
where the negative as well as the affirmative of the question is stated
by the President at the same time, and the vote of both sides begins
and proceeds _pari passu_. It is true, also, when the question is put
in the usual way, if the negative has also been put. But if it has not,
the member entering, or any other member may speak, and even propose
amendments, by which the debate may be opened again, and the question
greatly deferred. And, as some who have answered aye, may have been changed
by the new arguments, the affirmative must be put over again. If, then,
the member entering may, by speaking a few words, occasion a repetition
of the question, it would be useless to deny it on his simple call for
it.
While the House is telling, no member may speak, or move out of his
place; for, if any mistake be suspected, it must be told again.--_Mem.
in Hakew._ 26; 2 _Hats._ 143.
If any difficulty arises in point of order, during the division, the
Speaker is to decide peremptorily, subject to the future censure of
the House, if irregular. He sometimes permits old experienced members
to assist him with their advice, which they do sitting in their seats,
covered to avoid the appearance of debate; but this can only be with the
Speaker's leave, else the division might last several hours.--2 _Hats._
143.
The voice of the majority decides. For the _lex majoris partis_ is
the law of all councils, elections, &c., where not otherwise expressly
provided.--_Hakew._ 93. But if the House be equally divided, "_semper
presumatur pro negante_:" that is, the former law is not to be changed
but by a majority.--_Towns. col._ 134.
$But, in the Senate of the United States, the Vice-President decides,
when the House is divided.--_Const. U S._, Art. I. Sec. 2.$
Public-domain text, read in full here on John Shaqi.
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