DIVISION OF THE HOUSE.
The affirmative and negative of the question having been both put and
answered, the Speaker declares whether the yeas or nays have it by the
sound, if he be himself satisfied, and it stands as the judgment of the
House. But if he be not himself satisfied which voice is the greater, or
if before any other member comes into the House, or before any new
motion is made (for it is too late after that), any member shall rise
and declare himself dissatisfied with the Speaker’s decision, then the
Speaker is to divide the House. _Scob._, 24; 2 _Hats._, 140.
When the House of Commons is divided, the one party goes forth, and the
other remains in the House. This has made it important which go forth
and which remain; because the latter gain all the indolent, the
indifferent, and inattentive. Their general rule therefore, is, that
those who give their vote for the preservation of the orders of the
House, shall stay in; and those who are for introducing any new matter
or alteration, or proceeding contrary to the established course, are to
go out. But this rule is subject to many exceptions and modifications.
2 _Hats._, 134; 1 _Rush._, _p._ 3, _fol._ 92; _Scob._, 43, 52; _Co._,
12, 116; _D’Ewes_, 505, _col._ 1; _Mem. in Hakew._, 25, 29, as will
appear by the following statement of who go forth.
Petition that it be received[44] } Ayes.
Read }
Lie on the table } Noes.
Rejected after refusal to lie on the table }
Referred to committee for further proceeding Ayes.
Bill, that it be brought in }
Read first or second time }
Engrossed or read a third time } Ayes.
Proceedings on every other stage }
Committed }
To committee of the whole Noes.
To select committee Ayes.
Report of bill to lie on table Noes.
Be now _read_ } Ayes.
Be taken into consideration three months hence } 30, P. J. 251
Amendments to be read a second time Noes.
Clause offered on report of bill be read a second
time } Ayes.
For receiving a clause } 334
With amendments be engrossed } 395
That a bill be _now_ read a third time Noes. 398
Receive a rider }
Pass } 260
Be printed } Ayes. 259
Committees. That A take the chair }
To agree to the whole or any part of report }
That the House do _now_ resolve into committee }
Speaker. That he now leave the chair, after order
to go into committee } Noes. 291
That he issue warrant for new writ }
Member. That none be absent without leave }
Witness. That he be further examined Ayes. 344
Previous question Noes.
Blanks. That they be filled with the largest sum }
Amendments. That words stand part of } Ayes.
Lords. That their amendment be read a second time Noes.
Messenger be received }
Orders of day be now read, if before 2 o’clock } Ayes.
If after 2 o’clock Noes.
Adjournment. Till the next sitting day, if before
4 o’clock Ayes.
If after 4 o’clock Noes.
Over a sitting day (unless a previous resolution) Ayes.
Over the 30th of January Noes.
For sitting on Sunday, or any other day not being a
sitting day Ayes.
The one party being gone forth, the Speaker names two tellers from the
affirmative and two from the negative side, who first count those
sitting in the House and report the number to the Speaker. Then they
place themselves within the door, two on each side, and count those who
went forth as they come in, and report the number to the Speaker. _Mem.
in Hakew._, 26.
A mistake in the report of the tellers may be rectified after the report
made. 2 _Hats._, 145, note.
[But in both Houses of Congress all these intricacies are avoided. The
ayes first rise, and are counted standing in their places by the
President or Speaker. Then they sit, and the noes rise and are counted
in like manner.]
[In Senate, if they are equally divided, the Vice-President announces
his opinion, which decides.]
[The Constitution, however, has directed that “the yeas and nays of the
members of either House, on any question shall, at the desire of
one-fifth of those present, be entered on the journal.” And again: that
in all cases of reconsidering a bill disapproved by the President, and
returned with his objections, “the votes of both Houses shall be
determined by yeas and nays, and the names of the persons voting for and
against the bill shall be entered on the journals of each House
respectively.”]
[By the 16th and 17th rules of the Senate, when the yeas and nays shall
be called for by one-fifth of the members present, each member called
upon shall, unless for special reasons he be excused by the Senate,
declare openly, and without debate, his assent or dissent to the
question. In taking the yeas and nays, and upon the call of the House,
the names of the members shall be taken alphabetically.]
[When the yeas and nays shall be taken upon any question in pursuance of
the above rule, no member shall be permitted, under any circumstances
whatever, to vote after the decision is announced from the chair.]
[When it is proposed to take the vote by yeas and nays, the President or
Speaker stales that “the question is whether, _e. g._, the bill shall
pass--that it is proposed that the yeas and nays shall be entered on the
journal. Those, therefore, who desire it, will rise.” If he finds and
declares that one-fifth have risen, he then states that “those who are
of the opinion that the bill shall pass, are to answer in the
affirmative; those of the contrary opinion in the negative.” The clerk
then calls over the names alphabetically, notes the yea or nay of each,
and gives the list to the President or Speaker, who declares the result.
In the Senate, if there be an equal division, the Secretary calls on the
Vice-President and notes his affirmative or negative, which becomes the
decision of the House.]
In the House of Commons, every member must give his vote the one way or
the other, (_Scob._, 24.,) as it is not permitted to any one to withdraw
who is in the House when the question is put, nor is any one to be told
in the division who was not in when the question was put. 2 _Hats._,
140.
This last position is always true when the vote is by yeas and nays;
where the negative as well as affirmative of the question is stated by
the President at the same time, and the vote of both sides begins and
proceeds _pari passu_. It is true also when the question is put in the
usual way, if the negative has also been put; but if it has not, the
member entering, or any other member, may speak, and even propose
amendments, by which the debate may be opened again, and the question be
greatly deferred. And as some who have answered aye may have been
changed by the new arguments, the affirmative must be put over again.
If, then, the member entering may, by speaking a few words, occasion a
repetition of a question, it would be useless to deny it on his simple
call for it.
While the House is telling, no member may speak or move out of his
place, for if any mistake be suspected it must be told again. _Mem. in
Hakew._, 26; 2 _Hats._, 143.
If any difficulty arises in point of order during the division, the
Speaker is to decide peremptorily, subject to the future censure of the
House if irregular. He sometimes permits old experienced members to
assist him with their advice which they do sitting in their seats,
covered, to avoid the appearance of debate; but this can only be with
the Speaker’s leave, else the division might last several hours. _2
Hats._, 143.
The voice of the majority decides; for the _lex majoris partis_ is the
law of all councils, elections, etc., where not otherwise expressly
provided. _Hakew._, 93. But if the House be equally divided, “_semper
presumatur pro negante_;” that is, the former law is not to be changed
but by a majority. _Towns._, _col._ 134.
[But in the Senate of the United States, the Vice-President decides when
the House is divided. _Const., U. S._, I, 3.]
When from counting the House on a division, it appears that there is not
a quorum, the matter continues exactly in the State in which it was
before the division, and must be resumed at that point on any future
day. 2 _Hats._, 126.
1606, May 1, on a question whether a member having said yea may
afterwards sit and change his opinion, a precedent was remembered by the
Speaker, of Mr. Morris, attorney of the wards, in _39 Elis._, who in
like case changed his opinion. _Mem. Hakew._, 27.