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the party, to which the message referred, its being sent to one House, was not noticed by the other, because the declaration, being original, could not possibly be sent to both Houses at the same time.-2 Hats. 260, 261, 262.
The King having sent original letters to the Commons, afterwards desires they may be returned, that he may communicate them to the Lords.-1 Chandler, 303.
The House which has received a bill, and passed it, may present it for the King's assent, and ought to do it, though they have not by message notified to the other their passage of it. Yet the notifying by message is a form which ought to be observed between the two Houses, from motives of respect and good understanding.
-2 Hats. 242. Were the bill to be withheld from being presented to the King, it would be an infringement of the rules of Parliament.-2 Hats.
When a bill has passed both Houses of Con gress, the House last acting on it notifies its passage to the other, and delivers the bill to the
joint committee of enrolment, who see that it is truly enrolled in parchment.-(Vide Joint Rules, 6.) When the bill is enrolled, it is not to be written in paragraphs, but solidly and all of a piece, that the blanks within the paragraphs may not give room for forgery.-9 Grey, 143. It is then put in the hands of the clerk of the House of Representatives, to have it signed by the Speaker. The clerk then brings it by way of message to the Senate, to be signed by their President. The secretary of the Senate returns it to the committee of enrolment, who present it to the President of the United States. (Vide Joint Rules 8, 9.) If he approves, he signs and deposits it among the rolls in the office of the Secretary of State, and notifies by message the House in which it originated, that he has approved and signed it; of which that House informs the other by message. If the President disapproves, he is to return it, with his objec tions, to the House in which it shall have originated; who are to enter the objections at large on their journal, and proceed to re-consider it. If, after such re-consideration, two-thirds of the House shall agree to pass the bill, it shall be sent, together with the President's objections, to the other House, by which it shall likewise be re-considered, and, if approved by two-thirds of that House, it shall become a law. If any bill shall not be returned by the President within ten days, (Sunday excepted,) after it shall have been presented to him, the same shall be a
law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a law.-Const. U. S. Art. I. Sec. 7.
Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment,) shall be presented to the President of the United States, and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.-Const. U. S. Art. I. Sec. 7.
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy.— Const. I. 5. 3.
The proceedings of the Senate, when not acting as in a committee of the House, shall be entered on the journals, as concisely as possible, care being taken to detail a true account of the proceedings. Every vote of the Senate shall be entered on the journals, and a brief statement of the contents of each petition, memorial, or paper,
presented to the Senate, be also inserted on the journals. -Rule 32.
The titles of bills, and such parts thereof only as shall be affected by proposed amendments, shall be inserted on the Journals.-Rule 31.
If a question is interrupted by a vote to adjourn, or to proceed to the orders of the day, the original question is never printed in the journal, it never having been a vote, nor introductory to any vote: but when suppressed by the previous question, the first question must be stated, in order to introduce, and make intelligible, the second.-2 Hats. 83.
So also, when a question is postponed, adjourned, or laid on the table, the original question, though not yet a vote, must be expressed in the journals; because it makes part of the vote of postponement, adjourning, or laying on the table.
Where amendments are made to a question, those amendments are not printed in the journals, separated from the question; but only the question as finally agreed to by the House. The rule of entering in the journals only what the House has agreed to, is founded in great prudence and good sense; as there may be many questions proposed which it may be improper to publish to the world, in the form in which they are made.--2 Hats. 85.
In both Houses of Congress, all questions whereon the yeas and nays are desired by one-fifth of the members present, whether decided affirmatively or negatively, must be entered in the journals.-Const. I. 5. 3.
The first order for printing the votes of the House of Commons, was October 30, 1685.-1 Chandler, 387.
Some judges have been of opinion, that the journals of the House of Commons are no records, but remembrances. But this is not law. -Cob. 110, 111-Lex. Parl. 114, 115-Jour. H. C. Mar. 17, 1592-Hale. Parl. 105. For the Lords, in their House, have power of judicature; the Commons, in their House, have power of judicature; and both Houses together have power of judicature; and the book of the clerk of the House of Commons is a record, as is affirmed by act of Parliament.—6 H. 8. c. 16. --Inst. 23, 24; and every member of the House of Commons has a judicial place.-4 Inst. 15. As records, they are open to every person; and a printed vote of either House is sufficient ground for the other to notice it. Either may appoint a committee to inspect the journals of the other, and report what has been done by the other in any particular case.--2 Hats. 261-3 Hats. 27-30. Every member has a right to see the journals, and to take and publish votes from them. Being a record, every one may see and publish them.-6 Grey, 118, 119.
On information of a mis-entry or omission of an entry in the journal, a committee may be appointed to examine and rectify it, and report it to the House.-2 Hats. 194, 5.