Jefferson, Thomas, 1743-1826
. A MANUAL OF PARLIAMENTARY PRACTICE /
From The Writings of Thomas Jefferson: Volume 2
Electronic Text Center, University of Virginia Library
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SECTION XLVI.
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 by the House which is possessed of the
papers.-3 Hats. 71; 1 Grey, 435; 4 Hats. 3, 43.
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.
-3 Grey,144. The other House then, if satisfied, vote the reasons satisfactor
y, 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 justification of each House to the nation at
large, and to posterity, and in proof that the miscarriage of a necessary
measure is not
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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.
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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. The Commons
affirm, that it is usual to have two free conferences or more before either
House proceeds to adhere, because, before that time, the Houses have not had
the full opportunity of making replies to one another's arguments, and, to
adhere so suddenly and unexpectedly, excludes all possibility of offering
expedients.-4 Hats. 330.
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, 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
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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, 711,
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 understand
ing thereon.-1o 0 Grey. 148. So, when an unparliamentary message has bee
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. During the time of a conference, the House can do
no business. As soon as the names of the managers are called over, and they are
gone to the conference, the Speaker leaves the chair, without any question, and
resumes it in the return of the managers. It is the same while the managers of
an impeachment are at the House of Lords.-4 Hats. 47,209, 288.
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