EQUIVALENT QUESTIONS.
If, on a question for rejection, a bill be retained, it passes of course
to its next reading.--_Hakew._ 141. _Scob._ 42, and a question for a
second reading determined negatively, is a rejection without farther
question.--4 _Grey_, 149. And see _Elsynge's Memor._ 42, in what case
questions are to be taken for rejection.
Where questions are perfectly equivalent, so that the negative of the one
amounts to the affirmative of the other, and leaves no other alternative,
the decision of the one concludes necessarily the other.--4 _Grey_,
157. Thus the negative of striking out amounts to the affirmative of
agreeing; and therefore to put a question on agreeing after that on
striking out, would be to put the same question in effect twice over.
Not so in questions of amendments between the two Houses. A motion to
recede being negatived, does not amount to a positive vote to insist,
because there is another alternative, to wit, to adhere.
A bill originating in one House, is passed by the other with an amendment.
A motion in the originating House, to agree to the amendment, is
negatived. Do these result from this vote of disagreement? or must the
question on disagreement be expressly voted? The questions respecting
amendments from another House are, 1st. To agree: 2d. Disagree: 3d.
Recede: 4th. Insist: 5th. Adhere.
1st. To agree. } Either of these concludes the other necessarily,
2d. To disagree. } for the positive of either is exactly the
equivalent of the negative of the other, and
no other alternative remains. On either motion,
amendments to the amendment may be
proposed; _e. g._ if it be moved to disagree,
those who are for the amendment have a
right to propose amendments, and to make it
as perfect as they can, before the question of
disagreeing is put.
3d. To recede. } You may then either insist or adhere. You
4th. To insist. } may then either recede or adhere. You may
5th. To adhere. } then either recede or insist. Consequently,
the negative of these is not equivalent to a
positive vote the other way. It does not raise
so necessary an implication as may authorize
the secretary by inference to enter another
vote; for two alternatives still remain, either
of which may be adopted by the House.