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 with the House which is
possessed of the papers. 3 _Hats._, 31; 1 _Grey_, 425.
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. 4 _Grey_, 144. The other
House, then, if satisfied, vote the reason 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 jurisdiction 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, viva 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. 9 _Grey_, 220;
3 _Hats._, 280. This report cannot be amended or altered, as that of a
committee may be. _Journal of 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_, 137. 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
inferences of conferences, 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, etc., 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. _Ib._, 317, 323, 354; _10 Grey_, 146.
After a free conference, the usage is to proceed with free conferences,
and not 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_, 177. 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 article 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. 6 _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 the modern practice. 8 _Grey_,
255.
A conference has been asked after the first reading of the bill. _1
Grey_, 194. This is a singular instance.