SECTION XLIII.

RECONSIDERATION.

[When a question has been once made and carried in the affirmative, or

negative, it shall be in order for any member of the majority to move

for the reconsideration thereof; but no motion for the reconsideration

of any vote shall be in order after a bill, resolution, message, report,

amendment, or motion upon which the vote was taken shall have gone out

of the possession of the Senate announcing their decision; nor shall any

motion for reconsideration be in order unless made on the same day on

which the vote was taken, or within the two next days of the actual

session of the Senate thereafter. _Rule 20._]

[1798, January. A bill on its second reading being amended and on the

question whether it shall be read a third time negatived, was restored

by a decision to reconsider that question. Here the votes of negative

and reconsideration, like positive and negative quantities in an

equation, destroy one another, and are as if they were expunged from the

journal. Consequently the bill is open for amendment, just so far as it

was the moment preceding the question for the third reading; that is to

say, all parts of the bill are open for amendment except those on which

votes have been already taken in its present stage. So, also, it may be

recommitted.]

[[45]The rule permitting a reconsideration of a question affixing to it

no limitation of time or circumstance, it may be asked whether there is

no limitation? If, after the vote, the paper on which it is passed has

been parted with, there can be no reconsideration; as if a vote has been

for the passage of a bill, and the bill has been sent to the other

House. But where the paper remains, as on a bill rejected, when, or

under what circumstances, does it cease to be susceptible of

reconsideration? This remains to be settled; unless, a sense that the

right of reconsideration is a right to waste the time of the House in

repeated agitations of the same question, so that it shall never know

when a question is done with, should induce them to reform this

anomalous proceeding.]

In Parliament, a question once carried cannot be questioned again at the

same session, but must stand as the judgment of the House. _Towns._

_col._, 67.; _Mem. in Hakew._, 33. And a bill once rejected, another of

the same substance cannot be brought in again the same session.

_Hakew._, 158; 6 _Grey_, 392. But this does not extend to prevent

putting the same question in different stages of a bill; because every

stage of a bill submits the whole and every part of it to the opinion of

the House, as open for amendment, either by insertion or omission,

though the same amendment has been accepted or rejected in a former

stage. So in reports of committees, _e. g._, report of an address, the

same question is before the House, and open for free discussion.

_Towns._, _col._ 26; 2 _Hats._, 98, 100, 101. So orders of the House, or

instructions to committee, may be discharged. So a bill, begun in one

house, and sent to the other, and there rejected, may be renewed again

in that other, passed and sent back. _Ib._, 92; 3 _Hats._, 161. Or if,

instead of being rejected, they read it once and lay it aside, or amend

it, and put it off a month, they may order in another to the same

effect, with the same or a different title. _Hakew._, 97, 98.

Divers expedients are used to correct the effects of this rule; as by

passing an explanatory act, if anything has been omitted or ill

expressed (3 _Hats._, 278), or an act to enforce, and make more

effectual an act, etc., or to rectify mistakes in act, etc., or a

committee on one bill may be instructed to receive a clause to rectify

the mistakes of another. Thus, June 24, 1685, a clause was inserted in a

bill for rectifying a mistake committed by a clerk in engrossing a bill

of supply. 2 _Hats._, 194, 6. Or the session may be closed for one, two,

three, or more days, and a new one commenced. But then all matters

depending must be finished, or they fall, and are to begin de novo. _3

Hats._, 94, 98. Or a part of the subject may be taken up by another

bill, or taken up in a different way. 6 _Grey_, 304, 316.

And in cases of the last magnitude, this rule has not been so strictly

and verbally observed as to stop indispensable proceedings altogether,

2 _Hats._, 92, 98. Thus when the address on the preliminaries of peace

in 1782 had been lost by a majority of one, on account of the importance

of the question, and smallness of the majority, the same question in

substance, though with some words not in the first, and which might

change the opinion of some members, was brought on again and carried, as

the motives for it were thought to outweigh the objection of form. _2

Hats._, 99, 100.

A second bill may be passed to continue an act of the same session, or

to enlarge the time limited for its execution. 2 _Hats._, 95, 98. This

is not in contradiction to the first act.

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 34 / 46 章