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The Writings of Thomas Jefferson, Vol. 9 (of 9) / Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private cover

The Writings of Thomas Jefferson, Vol. 9 (of 9) / Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private

Chapter 43: SECTION XXXVIII. EQUIVALENT QUESTIONS.
By Thomas Jefferson
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About This Book

This collected volume assembles the author’s autobiography, extensive private and official correspondence, legislative reports, public messages and addresses, and a variety of shorter writings and miscellaneous papers. It features a thorough manual of parliamentary practice that synthesizes constitutional provisions, senatorial rules, and parliamentary precedents for legislative procedure, alongside sections of anas and ephemera. Editorial organization and explanatory notes guide readers through practical guidance on governance, procedural form, and the political and personal concerns reflected across the documents.

SECTION XXXVIII.
EQUIVALENT QUESTIONS.

If, on a question for rejection, a bill be retained, it passes of course to its next reading.—Hakew. 141. Scob. 42, and a question for a second reading determined negatively, is a rejection without farther question.—4 Grey, 149. And see Elsynge's Memor. 42, in what case questions are to be taken for rejection.

Where questions are perfectly equivalent, so that the negative of the one amounts to the affirmative of the other, and leaves no other alternative, the decision of the one concludes necessarily the other.—4 Grey, 157. Thus the negative of striking out amounts to the affirmative of agreeing; and therefore to put a question on agreeing after that on striking out, would be to put the same question in effect twice over. Not so in questions of amendments between the two Houses. A motion to recede being negatived, does not amount to a positive vote to insist, because there is another alternative, to wit, to adhere.

A bill originating in one House, is passed by the other with an amendment. A motion in the originating House, to agree to the amendment, is negatived. Do these result from this vote of disagreement? or must the question on disagreement be expressly voted? The questions respecting amendments from another House are, 1st. To agree: 2d. Disagree: 3d. Recede: 4th. Insist: 5th. Adhere.

1st. To agree.  Either of these concludes the other necessarily, for the positive of either is exactly the equivalent of the negative of the other, and no other alternative remains. On either motion, amendments to the amendment may be proposed; e. g. if it be moved to disagree, those who are for the amendment have a right to propose amendments, and to make it as perfect as they can, before the question of disagreeing is put.
2d. To disagree.
3d. To recede.  You may then either insist or adhere. You may then either recede or adhere. You may then either recede or insist. Consequently, the negative of these is not equivalent to a positive vote the other way. It does not raise so necessary an implication as may authorize the secretary by inference to enter another vote; for two alternatives still remain, either of which may be adopted by the House.
4th. To insist.
5th. To adhere.