SECTION XLI. 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 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,* Read, Lie on the table, } Ayes. Rejected after refusal to lie Noes. on the table, Referred to a committee, or stage, Committed, To a Committee of the whole, Noes. To a select Committee, Report of bill to lie on table, Be now read, Be taken into consideration three months hence, Amendments be read a 2d time, Noes. Clause offered 'on report of Bill be read 2d time, Ayes. For receiving a clause, Ayes. Ayes. Ayes. Ayes. 251. grossed, That a bill be now read a 3d Noes. time, 398. * Noes, 9 Grey, 365. 334 Receive a rider, Be printed, chair, new visit, Member. To agree to the whole or any part of report, 291 That the House do now re- That he issue warrant for a That none be ab sent without leave, Witness. That he be further Ayes 259. stand part of, Lords. That their amend examined, Previous questions, Ayes 344. Noes. Ayes. ment be read a 2d time, Messenger be received, Noes. If after 2 o'clock, - 454 260. If after 4 o'clock, Noes. Over a sitting day, (unless a Ayes. Noes. Over the 30th of January, 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 those 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 man ner. In Senate, if they be 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 re-considering a bill, disapproved by the President, and returned with his objections, "the votes of both Houses shall be determined by the yeas and nays, and names of the persons voting for and against the bill, shall be entered on the journals of each House respectively." By the 16th rule 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 a vote by yeas and nays, the President or Speaker states, 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 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 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 H |