AMENDMENTS.
On an amendment being moved, a member who has spoken to the main question
may speak again to the amendment.--_Scob._ 23.
If an amendment be proposed inconsistent with one already agreed to,
it is a fit ground for its rejection by the House; but not within the
competence of the Speaker to suppress, as if it were against order. For,
were he permitted to draw questions of consistence within the vortex of
order, he might usurp a negative on important modifications, and suppress
instead of subserving the legislative will.
Amendments may be made so as totally to alter the nature of the
proposition; and it is a way of getting rid of a proposition, by making
it bear a sense different from what was intended by the movers, so that
they vote against it themselves.--2 _Hats._ 79; 4, 82, 84. A new bill
may be ingrafted, by way of amendment, on the words, "Be it enacted,"
&c.--1 _Grey_, 190, 192.
If it be proposed to amend by leaving out certain words, it may be moved
as an amendment to this amendment, to leave out a part of the words
of the amendment, which is equivalent to leaving them in the bill.--2
_Hats._ 80, 9. The Parliamentary question is always, Whether the words
shall stand part of the bill?
When it is proposed to amend by inserting a paragraph, or part of
one, the friends of the paragraph may make it as perfect as they can,
by amendments, before the question is put for inserting it. If it be
received, it cannot be amended afterwards, in the same stage, because
the House has, on a vote, agreed to it in that form. In like manner, if
it is proposed to amend by striking out a paragraph, the friends of the
paragraph are first to make it as perfect as they can by amendments,
before the question is put for striking it out. If, on the question,
it be retained, it cannot be amended afterwards; because a vote against
striking out is equivalent to a vote agreeing to it in that form.
When it is moved to amend, by striking out certain words and inserting
others, the manner of stating the question is, first to read the whole
passage to be amended, as it stands at present; then the words proposed
to be struck out; next those to be inserted; and lastly, the whole
passage, as it will be when amended. And the question, if desired, is
then to be divided, and put first, on striking out. If carried, it is
next on inserting the words proposed. If that be lost, it may be moved
to insert others.--2 _Hats._ 80, 7.
A motion is made to amend by striking out certain words, and inserting
others in their place, which is negatived. Then it is moved to strike
out the same words, and to insert others of a tenor entirely different
from those first proposed. It is negatived. Then it is moved to strike
out the same words and insert nothing, which is agreed to. All this is
admissible; because to strike out and insert A, is one proposition. To
strike out and insert B, is a different proposition. And to strike out and
insert nothing is still different. And the rejection of one proposition
does not preclude the offering a different one. Nor would it change
the case were the first motion divided by putting the question first
on striking out, and that negatived. For as putting the whole motion to
the question at once would not have precluded, the putting the half of
it cannot do it.[4]
But if it had been carried affirmatively to strike out the words and
to insert A, it could not afterwards be permitted to strike out A and
insert B. The mover of B should have notified, while the insertion of A
was under debate, that he would move to insert B. In which case, those
who preferred it would join in rejecting A.
After A is inserted, however, it may be moved to strike out a portion
of the original paragraph, comprehending A, provided the coherence to
be struck out be so substantial as to make this effectively a different
proposition. For then it is resolved into the common case of striking out
a paragraph after amending it. Nor does anything forbid a new insertion,
instead of A and its coherence.
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.