CONFERENCES.
It is on the occasion of amendments between the Houses that conferences
are usually asked; but they may be asked in all cases of difference of
opinion between the two Houses on matters depending between them. The
request of a conference, however, must always be by the House which is
possessed of the papers.--3 _Hats._ 71; 1 _Grey_, 435; 4 _Hats._ 3, 43.
Conferences may be either simple or free. At a conference simply,
written reasons are prepared by the House asking it, and they are read
and delivered without debate, to the managers of the other House at
the conference; but are not then to be answered.--3 _Grey_, 144. The
other House then, if satisfied, vote the reasons satisfactory, or say
nothing; if not satisfied, they resolve them not satisfactory, and ask
a conference on the subject of the last conference, where they read and
deliver in like manner written answers to those reasons.--3 _Grey_, 183.
They are meant chiefly to record the justification of each House to the
nation at large, and to posterity, and in proof that the miscarriage of
a necessary measure is not imputable to them.--3 _Grey_, 255. At free
conferences, the managers discuss _vivâ voce_ and freely, and interchange
propositions for such modifications as may be made in a Parliamentary
way, and may bring the sense of the two houses together. And each party
reports in writing to their respective Houses the substance of what is
said on both sides, and it is entered in their journals.--6 _Grey_, 220;
3 _Hats._ 280. (_Vide Joint Rules_, 1.) This report cannot be amended
or altered as that of a committee may be.--_Journ. Senate_, May 24, 1796.
A conference may be asked, before the House asking it has come to a
resolution of disagreement, insisting or adhering.--3 _Hats._ 269, 341.
In which case the papers are not left with the other conferees, but are
brought back to be the foundation of the vote to be given. And this is
the most reasonable and respectful proceeding. For, as was urged by the
Lords on a particular occasion, "it is held vain, and below the wisdom
of Parliament, to reason or argue against fixed resolutions, and upon
terms of impossibility to persuade."--3 _Hats._ 226. So the Commons say
"an adherence is never delivered at a free conference, which implies
debate."--10 _Grey_, 147. And on another occasion, the Lords made it
an objection that the Commons had asked a free conference after they
had made resolutions of adhering. It was then affirmed, however, on
the part of the Commons, that nothing was more Parliamentary than to
proceed with free conferences after adhering; 3 _Hats._ 269; and we do
in fact see instances of conference or of free conference, asked after
the resolution of disagreeing.--3 _Hats._ 251, 253, 260, 286, 291, 316,
349, of insisting, _ib._ 280, 296, 299, 319, 322, 355, of adhering, 269,
270, 283, 300; and even of a second or final adherence.--3 _Hats._ 270.
And in all cases of conference asked after a vote of disagreement, &c.,
the conferees of the House asking it are to leave the papers with the
conferees of the other; and in one case where they refused to receive
them, they were left on the table in the conference chamber.--3 _Hats._
271, 317, 323, 354; 10 _Grey_, 146. The Commons affirm, that it is
usual to have two free conferences or more before either House proceeds
to adhere, because, before that time, the Houses have not had the full
opportunity of making replies to one another's arguments, and, to adhere
so suddenly and unexpectedly, excludes all possibility of offering
expedients.--4 _Hats._ 330.
After a free conference the usage is to proceed with free conferences,
and not to return again to a conference.--3 _Hats._ 270; 9 _Grey_, 229.
After a conference denied, a free conference may be asked.--1 _Grey_, 45.
When a conference is asked, the subject of it must be expressed, or the
conference not agreed to.--_Ord. H. Com._ 89; 1 _Grey_, 425; 7 _Grey_,
31. They are sometimes asked to inquire concerning an offence or default
of a member of the other House, 6 _Grey_, 181; 1 _Chand._ 304; or the
failure of the other House to present to the King a bill passed by both
Houses, 8 _Grey_, 302; or on information received, and relating to the
safety of the nation, 10 _Grey_, 171, or when the methods of Parliament
are thought by the one House to have been departed from by the other,
a conference is asked to come to a right understanding thereon.--10
_Grey_, 148. So, when an unparliamentary message has been sent, instead
of answering it, they ask a conference.--3 _Grey_, 155. Formerly, an
address, or articles of impeachment, or a bill with amendments, or a vote
of the House, or concurrence in a vote, or a message from the King, were
sometimes communicated by way of conference.--7 _Grey_, 128, 300, 387; 7
_Grey_, 80; 8 _Grey_, 210, 255; 1 _Torbuck's Deb._ 278; 10 _Grey_, 293;
1 _Chandler_, 49, 287. But this is not modern practice.--8 _Grey_, 255.
A conference has been asked after the first reading of a bill.--1 _Grey_,
194. This is a singular instance. During the time of a conference, the
House can do no business. As soon as the names of the managers are called
over, and they are gone to the conference, the Speaker leaves the chair,
without any question, and resumes it in the return of the managers. It
is the same while the managers of an impeachment are at the House of
Lords.--4 _Hats._ 47, 209, 288.