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 Parliament, a question once carried, cannot be questioned again, at
the same session; but must stand as the judgment of the House.--_Towns._
_col._ 67; _Memor. in Hakew._ 33. And a bill once rejected, another of
the same substance cannot be brought in again the same session.--_Hakew._
158; 6 _Grey_, 392. But this does not extend to prevent putting the same
questions in different stages of a bill; because every stage of a bill
submits the whole and every part of it to the opinion of the House, as
open for amendment, either by insertion or omission, though the same
amendment has been accepted or rejected in a former stage. So in reports
of committees, _e. g._ report of an address, the same question is before
the House, and open for free discussion.--_Towns. col._ 26; 2 _Hats._
98, 100, 101. So, orders of the House, or instructions to committees
may be discharged. So a bill begun in one House, sent to the other, and
there rejected, may be renewed again in that other, passed, and sent
back.--_Ib._ 92; 3 _Hats._ 161. Or if, instead of being rejected, they
read it once, and lay it aside, and put it off a month, they may offer in
another to the same effect, with the same or a different title.--_Hakew._
97, 98.
Divers expedients are used to correct the effects of this rule; as, by
passing an explanatory act, if anything has been omitted or ill-expressed,
3 _Hats._ 278; or an act to enforce, and make more effectual an act, &c.,
or to rectify mistakes in an act, &c.; or a committee on one bill may be
instructed to receive a clause to rectify the mistakes of another. Thus,
June 24, 1685, a clause was inserted in a bill for rectifying a mistake
committed by a clerk in engrossing a bill of reply.--2 _Hats._ 194. 6.
Or the session may be closed for one, two, three, or more days, and a
new one commenced. But then all matters depending must be finished, or
they fall, and are to begin _de novo_.--2 _Hats._ 94, 98. Or a part of
the subject may be taken up by another bill, or taken up in a different
way.--6 _Grey_, 316.
And in cases of the last magnitude, this rule has not been so strictly
and verbally observed as to stop indispensable proceedings altogether.--2
_Hats._ 92. 98. Thus, when the address on the preliminaries of peace, in
1782, had been lost by a majority of one; on account of the importance
of the question, and smallness of the majority, the same question in
substance, though with words not in the first, and which might change
the opinions of some members, was brought on again and carried: as
the motives for it were thought to outweigh the objections of form.--2
_Hats._ 99, 100.
A second bill may be passed, to continue an act of the same session; or
to enlarge the time limited for its execution.--2 _Hats._ 95, 98. This
is not in contradiction to the first act.
SECTION XLIV.
BILLS SENT TO THE OTHER HOUSE.
Public-domain text, read in full here on John Shaqi.
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