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 it was intended by the movers, so
that they vote against it themselves. 2 _Hats._, 79, 4, 82, 84. A new
bill may be engrafted by way of amendment, on the words, “Be it
enacted,” etc. 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 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.[43]
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 be first put
on the longest time; therefore, after 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 motion, that may be struck out as well as any other part of a
motion; and when struck out, a motion may be received to insert any
other. In fact, it is not until 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 question
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 had been made 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 the first 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 better be 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.