1. Between the Houses.

2. Susceptible of division.

3. When not divisible.

4. On motions to strike out, and to strike out and insert.

5. Can not be withdrawn as report of committee.

6. Bill, moved as amendment, always germane.

7. Increasing amounts, may not be made to amendments reported. 8. Motion to take up a subject not open to.

9. Senate receding from, to a resolution, does not pass same.

10. Inconsistent, in order.

11. Mere recital legal proposition not an amendment.

12. Debate limited on, for a limited period.

13. May be laid on the table.

14. Containing appropriations not estimated for.

15. Not out of order after debate begins on merits.

16. Not in order from mere fact of reference.

17. Part to be inserted regarded as a question.

18. Not in order to refer to a committee an amendment to a pending bill. 19. In conflict with the Constitution.

20. Covering same subject as just agreed to-not in order. 21. General observations on.

Regarding amendments, pure and simple, the Senate rules have but little to say. The following are the more important:

RULE XV. All bills and joint resolutions which shall have received two readings shall first be considered by the Senate as in Committee of the Whole, after which they shall be reported to the Senate, and any amendments made in Committee of the Whole shall again be considered by the Senate, after which further amendments may be proposed. (Jefferson's Manual, Secs. XXVI, XXX.)

When a bill or resolution shall have been ordered to be read a third time, it shall not be in order to propose amendments, unless by unanimous consent, but it shall be in order at any time before the passage of any bill or resolution to move its commitment; and when the bill or resolution shall again be reported from the committee it shall be placed on the Calendar, and when again considered by the Senate it shall be as in Committee of the Whole. (Jefferson's Manual, Secs. XXVI, XXX.)

RULE XVII. When an amendment proposed to any pending measure is laid on the table, it shall not carry with it, or prejudice, such

measure.

RULE XVIII. If the question in debate contains several propositions, any Senator may have the same divided, except a motion to

strike out and insert, which shall not be divided; but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition; nor shall it prevent a motion simply to strike out; nor shall the rejection of a motion to strike out prevent a motion to strike out and insert. But pending a motion to strike out and insert the part to be stricken out and the part to be inserted shall each be regarded for the purpose of amendment as a question, and motions to amend the part to be stricken out shall have precedence. (Jefferson's Manual, Secs. XXXV, XXXVI.)

By Rule XXII it is provided that when a question is pending certain motions may be received and in a certain order. The motion to amend is at the foot of the list, and preceding it, in the order of acceptance, are the motions to adjourn; to adjourn to a day certain, or that when the Senate adjourn it shall be to a day certain; to take a recess; to proceed to the consideration of executive business; to lay on the table; to postpone indefinitely; to postpone to a day certain; and to commit.

The first organized Senate fairly reversed this order. In the rules it first adopted, on April 16, 1789, is the following: "RULE VIII. While a question is before the Senate, no motion shall be received unless for an amendment, for the previous question, or for postponing the main question, or to commit it, or to adjourn."

Amendments to appropriation bills that are treated by themselves following this heading are far more perplexing and the precedents regarding them are not unfrequently conflicting. They are too often in order or not in order under the rules according to the strength of the amendment itself, the spirit or temper of the body at the time of the decision, and the urgency for the adoption of the proposition.

When there is time for doing so, important amendments are generally printed following their presentation and referred to the committee having the bill in charge. If the bill has been reported such amendments are printed, to be offered when the bill is taken up for consideration. Such amendments are printed in the same style and type as bills are printed.

Out of courtesy and from custom amendments proposed by the committee reporting the bill or resolution are generally first disposed of. When an appropriation bill is taken up the member of the committee reporting it or having it in charge usually moves that "the first formal reading be dispensed with, that the bill be read a second time for the purpose of amendment, and that the amendments of the committee be first considered." This motion usually prevails.

1. BETWEEN THE HOUSES.

Jefferson's Manual, in Section XLV, gives the parliamentary law governing amendments between the Houses:

"When either House, e. g., the House of Commons, sends a bill to the other, the other may pass it with amendments. The regular progression in this case

is that the Commons disagree to the amendment; the Lords insist on it; the Commons insist on their disagreement; the Lords adhere to their amendment; the Commons adhere to their disagreement. The term of insisting may be repeated as often as they choose to keep the question open. But the first adherence by either renders it necessary for the other to recede or adhere also; when the matter is usually suffered to fall. (10 Grey, 148.) Latterly, however, there are instances of their having gone to a second adherence. There must be an absolute conclusion of the subject somewhere, or otherwise transactions between the Houses would become endless. (Hatsell, vol. 3, pp. 268, 270.) The term of insisting, we are told by Sir John Trevor, was then (1679) newly introduced into parliamentary usage by the Lords. (7 Grey, 94.) It was certainly a happy innovation, as it multiplies the opportunities of trying modifications which may bring the Houses to a concurrence. Either House, however, is free to pass over the term of insisting, and to adhere in the first instance (10 Grey, 146), but it is not respectful to the other. In the ordinary parliamentary course there are two free conferences at least before an adherence. (10 Grey, 147.)

"Either House may recede from its amendment and agree to the bill; or recede from its disagreement to the amendment and agree to the same absolutely or with an amendment; for here the disagreement and receding destroy one another and the subject stands as before the disagreement. (Elysnge, 23, 27; 9 Grey, 476).

"But the House can not recede from or insist on its own amendment with an amendment for the same reason that it can not send to the other House an amendment to its own act after it has passed the act. They may modify an amendment from the other House by ingrafting an amendment on it, because they have never assented to it; but they can not amend their own amendment, because they have, on the question, passed it in that form. (9 Grey, 363; 10 Grey, 240). (In Senate, March 29, 1798.) Nor where one House has adhered to their amendment and the other agrees with an amendment, can the first House depart from the form which they have fixed by an adherence.

"In the case of a money bill the Lords proposed amendments become, by delay, confessedly necessary. The Commons, however, refused them, as infringing on their privilege as to money bills, but they offered themselves to add to the bill a proviso to the same effect, which had no coherence with the Lords' amendments, and urged that it was an expedient warranted by precedent, and not unparliamentary in a case become impracticable and irremediable in any other way. (Hatsell, vol. 3, pp. 437-441.) But the Lords refused, and the bill was lost. (1 Chand., 288.) A like case. (1 Chand., 311.) So the Commons resolved that it is unparliamentary to strike out, at a conference, anything in a bill which hath been agreed and passed by both Houses. (6 Grey, 274; 1 Chand., 312.)

"A motion to amend an amendment from the other House takes precedence of a motion to agree or disagree.

"A bill originating in one House is passed by the other with an amendment. "The originating House agrees to their amendment with an amendment. The other may agree to their amendment with an amendment, that being only in the second and not the third degree, for, as to the amending House, the first amendment with which they passed the bill is a part of its text; it is the only text they have agreed to. The amendment to that text by the originating House, therefore, is only in the first degree, and the amendment to that again by the amending House is only in the second-to wit, an amendment to an amendment-and so admissible. Just so when on a bill from the originating House the other at its second reading makes an amendment. On the third reading

this amendment is become the text of the bill, and if an amendment to it be moved, an amendment to that amendment may also be moved, as being only in the second degree."

For a splendid illustration of the treatment of amendments between the Houses, disagreement, and final settlement by conference, see Hinds' Precedents, section 1355. This outlines the action of the two Houses upon the joint resolution (H. Res. 233) "authorizing and directing the President of the United States to intervene and stop the war in Cuba," etc. (55th Cong., 2d sess.; Cong. Record, pp. 4040, 4041, 4056, 4060-4064.)

3d Cong., 2d sess.; J., p. 177.]

MARCH 2, 1795.

A message from the House of Representatives announced that the House had agreed to the amendment of the Senate to the bill “making further provision for the support of public credit," etc., with an amendment.

The Senate proceeded to consider the amendment of the House to their amendment; and it was

Resolved, That they disagree to the said amendment.

On motion,

Resolved, That the Senate recede from their amendment to the said bill. NOTE. So the Senate disagreed to the amendment of the House to its amendment to a House bill and then proceeded immediately to recede from its amendment.

5th Cong., 1st sess.; J., p. 379.]

JUNE 28, 1797.

On being submitted to the Senate it was decided by a vote of the body that it is in order for the Senate to recede from their disagreement to an amendment to the bill of the House of Representatives, and agree to the same with an amendment. 53d Cong., 2d sess.; J., pp. 356, 357.]

AUGUST 13, 1894.

The committee of conference on the bill (H. R. 4864) “making appropriations for sundry civil expenses of the Government," etc., reported they were unable to agree as to amendment 277.

On motion by Mr. Sherman, that the Senate recede from its amendment numbered 277,

Mr. Harris raised a question of order, viz, that the House of Representatives having agreed to the amendment of the Senate with an amendment, the question on the amendment of the House would take precedence of the motion to recede; and

The Presiding Officer (Mr. Berry) sustained the question of order.

A vote was then taken on the House amendment to Senate amendment 277, and the amendment was rejected.

On motion by Mr. Aldrich, the Senate, by a vote of yeas 26, nays 19, receded from its amendment 277. (See Cong. Record, 53d Cong., 2d sess., pp. 84508456.)

2. SUSCEPTIBLE OF DIVISION.

If the question in debate contains several propositions, any Senator may have the same divided, except a motion to strike out and insert, which shall not be divided. (Part of Senate Rule XVIII; see introduction to this subject.)

16th Cong., 1st sess.; J., pp. 185, 186.]

FEBRUARY 25, 1820.

The Senate resumed the consideration of their amendments to the bill entitled "An act for the admission of the State of Maine into the Union," disagreed to by the House of Representatives; whereupon

The President (Mr. Tompkins) submitted to the consideration of the Senate a question of order, to wit: Is the present question susceptible of a division;

and requested Mr. Dickerson to take the chair; and, after debate, consideration of the question was postponed until to-morrow.

The question was considered on the following day, but was undisposed of. On February 28 it was determined by the Senate that the question was divisible, and on the question that the Senate recede from so much of its amendments as provides for the admission of Missouri into the Union, it was determined in the negative; yeas 21, nays 23 (pp. 188, 189).

On the question to recede from the residue of its amendments prohibiting the further introduction of slavery into the Territories north of 36 degrees 30 minutes north latitude, it was determined in the negative; yeas 11, nays 33 (p. 189).

By separate votes the Senate then resolved to insist upon these amendments, stating them, and then passed a general resolution that it insist on their said amendments disagreed to by the House (p. 190). (See Annals, 16th Cong., 1st sess., pp. 453, 455, 457.)

NOTE. These amendments embrace two distinct measures; one admitting Missouri into the Union, the other prohibiting the future transportation of slaves into the territories of the United States.

35th Cong., 2d sess.; J., p. 455.]

MARCH 3, 1859.

The Senate having under consideration the sundry civil appropriation bill, Mr. Davis offered an amendment, as follows:

For the support of the postal service such sums as may be received therefrom, and the Postmaster-General be, and he is hereby, authorized to reduce the service upon the various post routes so as to make the Department self-sustaining, and by warrants on the United States Treasury to draw therefrom amounts not exceeding at any time the balance in the Treasury from the receipts of the post-offices and post-roads. From and after the first day of July nert the franking privilege, except so far as conferred by special laws, be, and is hereby, abolished.

Mr. Seward asked a division of the amendment so that the question upon the franking privilege may stand separate from that for reducing the postal service to make the Department self-sustaining.

The Presiding Officer (Mr. Gwin) decided that the amendment is divisible. Before the division was had, however, the amendment went out on a point of order, raised by Mr. Hale, that it provided an appropriation not estimated for and not recommended by any committee. (See Cong. Globe, 35th Cong., 2d sess., p. 1632.)

3. WHEN NOT DIVISIBLE.

40th Cong., 3d sess.; J., p. 53.]

DECEMBER 16, 1868.

On motion by Mr. Cattell, the Senate proceeded to consider the resolution submitted by Mr. Willey on the 14th instant, and referred to the Committee on Finance, and reported yesterday by Mr. Cattell, from the said committee, without amendment, as follows:

Resolved, That the Senate, properly cherishing and upholding the good faith and honor of the nation, do hereby utterly disapprove of and condemn the sentiments and proposition contained in so much of the late annual message of the President of the United States as reads as follows:

"It may be assumed that the holders of our securities have already received upon their bonds a larger amount than their original investment, measured by a gold standard. Upon this statement of facts it would seem but just and equitable that the six per cent interest now paid by the Government should be applied to the reduction of the principal in semiannual instalments, which in