SECTION XXXV.

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.

The Legislative Manual, of the State of Colorado Comprising the History of Colorado, Annals of the Legislature, Manual of Customs, Precedents and Forms, Rules of Parliamentary Parliamentary Practice, and the Constitutions of the United States and the History of Colorado, Annals of the Legislature, Manual of Customs, Precedents and Forms, Rules of Parliamentary Practice, and the Constitutions of the United States and the State of Colorado. Also, Chronological Table of American History, Lists and Tables for Reference, Biographies, Etc. · 第 26 / 46 章