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. 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 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, 171, 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 understanding thereon.—10 Grey, 148. So, when an unparliamentary message has been 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.
SECTION XLVII.
MESSAGES.
Messages between the Houses are to be sent only while both Houses are sitting.—3 Hats. 15. They are received during a debate, without adjourning the debate.—3 Hats. 22.
In Senate, the messengers are introduced in any state of business, except—1. While a question is putting. 2. While the yeas and nays are calling. 3. While the ballots are calling. The first case is short: the second and third are cases where any interruption might occasion errors difficult to be corrected.—So arranged, June 15th, 1798.
In the House of Representatives, as in Parliament, if the House be in a committee when a messenger attends, the Speaker takes the chair to receive the message, and then quits it to return into a committee, without any question or interruption.—4 Grey, 226.
Messengers are not saluted by the members, but by the Speaker, for the House.—2 Grey, 253, 274.