[244]. It is a general rule, that every member, who is in the assembly-room at the time when the question is stated, has not only the right but is bound to vote; and, on the other hand, that no member can vote, who was not in the room at that time.
[245]. The only other form of taking the question, which requires to be described, is one in general use in this country, by means of which the names of the members voting on the one side and on the other are ascertained and entered in the journal of the assembly. This mode, which is peculiar to the legislative bodies of the United States, is called taking the questions by yeas and nays. In order to take a question in this manner, it is stated on both sides at once, namely: As many as are or opinion, that, etc., will when their names are called, answer yes; and As many as are [p131] ]of a different opinion will, when their names are called, answer no; the roll of the assembly is then called over by the clerk, and each member, as his name is called, rises in his place, and answers yes or no, and the clerk notes the answer as the roll is called. When the roll has been gone through the clerk reads over first the names of those who have answered in the affirmative and then the names of those who have answered in the negative, in order that if he has made any mistake in noting the answer, or if any member has made a mistake in his answer, the mistake of either may be corrected. The names having been thus read over, and the mistakes, if any, corrected, the clerk counts the numbers on each side, and reports them to the presiding officer, who declares the result to the assembly.
[246]. The following is the mode practised in the house of representatives of Massachusetts, (which is by far the most numerous of all the legislative bodies in this country,) of taking a question by yeas and nays. The names of the members being printed on a sheet, the clerk calls them in their order; and as each one answers, the clerk (responding to [p132] ]the member, at the same time) places a figure in pencil, expressing the number of the answer, at the left or right of the name, according as the answer is yes or no; so that the last figure or number, on each side, shows the number of the answers on that side; and the two last numbers or figures represent the respective numbers of the affirmatives and negatives on the division. Thus, at the left hand of the name of the member who first answers yes, the clerk places a figure 1; at the right hand of the first member who answers no, he also places a figure 1; the second member that answers yes is marked 2; and so on to the end of the list; the side of the name, on which the figure is placed, denoting whether the answer is yes or no, and the figure denoting the number of the answer on that side. The affirmatives and negatives are then read separately, if necessary, though this is usually omitted, and the clerk is then prepared, by means of the last figure on each side, to give the numbers to the speaker to be announced to the house. The names and answers are afterwards recorded on the journal.
[247]. In any of the modes of taking a question, in which it is first put on one side, and [p133] ]then on the other, it is no full question, until the negative as well as the affirmative has been put. Consequently, until the negative has been put, it is in order for any member, in the same manner as if the division had not commenced, to rise and speak, make motions for amendment, or otherwise, and thus renew the debate; and this, whether such member was in the assembly-room or not, when the question was put and partly taken. In such a case, the question must be put over again on the affirmative as well as the negative side; for the reason, that members who were not in the assembly-room, when the question was first put, may have since come in, and also that some of those who voted, may have since changed their minds. When a question is taken by yeas and nays, and the negative as well as the affirmative of the question is stated, and the voting on each side begins and proceeds at the same time, the question cannot be opened and the debate renewed, after the voting has commenced.
[248]. If any question arises, in a point of order, as, for example, as to the right or the duty of a member to vote, during a division, the presiding officer must decide it peremptorily, [p134] ]subject to the revision and correction of the assembly, after the division is over. In a case of this kind, there can be no debate, though the presiding officer may if he pleases receive the assistance of members with their advice, which they are to give sitting, in order to avoid even the appearance of a debate; but this can only be with the leave of the presiding officer, as otherwise the division might be prolonged to an inconvenient length; nor can any question be taken, for otherwise there might be division upon division without end.
[249]. When, from counting the assembly on a division, it appears that there is not a quorum present, there is no decision; but the matter in question continues in the same state, in which it was before the division; and, when afterwards resumed, whether on the same or on some future day, it must be taken up at that precise point.
[Footnote 34:] The most common expression is: “I doubt the vote,” or, “that vote is doubted.”] [Return to text]
[p135]
]CHAPTER XIV.
OF RECONSIDERATION.
[250[!-- TN: original reads "256" --]. It is a principle of parliamentary law, upon which many of the rules and proceedings previously stated are founded, that when a question has once been put to a deliberative assembly, and decided, whether in the affirmative or negative, that decision is the judgment of the assembly, and cannot be again brought into question.