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They are meant chiefly to record the justification 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.-6 Grey, 220-3 Hats. 280. (Vide Joint Rules, 1.) This report cannot be amended or altered as that of a committee may be.-Journ. 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, 147. 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 instances of conference 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, &c. 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.--3 Hats. 271. 317. 323. 354-10 Grey, 146.
After a free conference the usage is to proceed with free conferences, and not to return again to a conference.--3 Hats. 270—9 Grey,
After a conference denied, a free conference may be asked.-1 Grey, 45.
When a conference is asked, the subject if 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, 171, 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 articles 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. -7 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 modern practice.-8 Grey, 255.
A conference has been asked, after the first reading of a bill.-1 Grey, 194. This is a singular instance.
Messages between the Houses are to be sent only while both Houses are sitting.-3 Hats. 15. They are received during a debate, without adjourning the debate.-3 Hats. 22.
In Senate, the messengers are introduced in any state of business, except-1. While a question is putting.2. While the yeas and nays are calling.-3. While the ballots are calling. The first case is short: the second and third are cases where any interruption might occasion errors difficult to be corrected.-Rule 46.
In the House of Representatives, as in Parliament, if the House be in a committee when a messenger attends, the Speaker takes the chair to receive the message, and then quits it to return into a committee, without any question or interruption.-4 Grey, 226.
Messengers are not saluted by the members, but by the Speaker, for the House.-2 Grey, 253. 274.
If messengers commit an error in delivering their message, they may be admitted, or called in, to correct their message.-4 Grey, 41. cordingly, March 13, 1800, the Senate having made two amendments to a bill from the House of Representatives, their Secretary, by mistake, delivered one only; which being inadmissible by itself, that House disagreed, and notified the Senate of their disagreement. This produced a discovery of the mistake. The Secretary was sent to the other House to correct his mistake, the correction was received, and the two amendments acted on de novo.
As soon as the messenger, who has brought bills from the other House, has retired, the Speaker holds the bill in his hand, and acquaints the House, that the other House have, by their messenger, sent certain bills,' and then reads
their titles, and delivers them to the clerk to be safely kept, till they shall be called for to be read.-Hakew. 178.
It is not the usage for one House to inform the other by what numbers a bill has passed.10 Grey, 150. Yet they have sometimes recommended a bill as of great importance to the consideration of the House to which it is sent.-3 Hats. 25. Nor when they have rejected a bill from the other House, do they give notice of it; but it passes sub-silentio, to prevent unbecoming altercations.-1 Black. 133.
But in Congress, the rejection is notified by message to the House in which the bill originated.--Joint Rules,
A question is never asked by the one House, of the other, by way of message, but only at a conference; for this is an interrogatory, not a message.-3 Grey, 151. 181.
When a bill is sent by one House to the other, and is neglected, they may send a message to remind them of it.-3 Hats. 25—5 Grey, 154. But if it be mere inattention, it is better to have it done informally, by communications between the Speakers, or members of the two Houses.
Where the subject of a message is of a nature that it can properly be communicated to both Houses of Parliament, it is expected that this communication should be made to both on the same day. But where a message was accompanied with an original declaration, signed by