When the House of Commons is divided, the one party goes forth, and the other remains in the House. This has made it important which go forth and which remain; because the latter gain all the indolent, the indifferent, and inattentive. Their general rule, therefore, is, that those who give their vote for the preservation of the orders of the House shall stay in; and those who are for introducing any new matter or alteration, or proceeding contrary to the established course, are to go out. But this rule is subject to many exceptions and modifications. 2 Hats., 134; 1 Rush., p. 3, fol. 92; Scob., 43, 52; Co., 12, 116; D’Ewes, 505, col. 1; Mem. in Hakew., 25, 29; as will appear by the following statement of who go forth:
| Petition that it be received | Ayes. | ||
| Read | |||
| Lie on the table | Noes. | ||
| Rejected after refusal to lie on table | |||
| Referred to a committee, for further proceeding | Ayes. | ||
| Bill, that it be brought in | Ayes. | ||
| Read first or second time | |||
| Engrossed or read third time | |||
| Proceeding on every other stage | |||
| Committed | |||
| To Committee of the whole | Noes. | ||
| To a select committee | Ayes. | ||
| Report of bill to lie on table | Noes. | ||
| Be now read | Ayes. 30, P.J. 251. | ||
| Be taken into consideration three months hence | |||
| Amendments to be read a second time | Noes. | ||
| Clause offered on report of bill to be read second time | Ayes. | ||
| For receiving a clause | 334. | ||
| With amendments be engrossed | 395. | ||
| That a bill be now read a third time | Noes. | 398. | |
| Receive a rider | Ayes. | 260. | |
| Pass | 259. | ||
| Be printed | |||
| Committees. That A take the chair | Noes. | 291. | |
| To agree to the whole or any part of report | |||
| That the House do now resolve into committee | |||
| Speaker. That he now leave the chair, after order to go into committee | |||
| That he issue warrant for a new writ | |||
| Member. That none be absent without leave | |||
| Witness. That he be further examined | Ayes. | 344. | |
| Previous question | Noes. | ||
| Blanks. That they be filled with the largest sum. | Ayes. | ||
| Amendments. That words stand part of | |||
| Lords. That their amendment be read a second time | Noes. | ||
| Messenger be received | Ayes. | ||
| Orders of day to be now read, if before 2 o’clock | |||
| If after 2 o’clock | Noes. | ||
| Adjournment. Till the next sitting day, if before 4 o’clock | Ayes. | ||
| If after 4 o’clock | Noes. | ||
| Over a sitting day, (unless a previous resolution.) | Ayes. | ||
| Over the 30th of January | Noes. | ||
| For sitting on Sunday, or any other day not being a sitting day | Ayes. | ||
The one party being gone forth, the Speaker names two tellers from the affirmative and two from the negative side, who first count those sitting in the House and report the number to the Speaker. Then they place themselves within the door, two on each side, and count those who went forth as they come in, and report the number to the Speaker. Mem. in Hakew., 26.
A mistake in the report of the tellers may be rectified after the report made. 2 Hats., 145, note.
[But in both Houses of Congress all these intricacies are avoided. The ayes first rise, and are counted standing in their places by the President or Speaker. Then they sit, and the noes rise and are counted in like manner.]
[In Senate, if they be equally divided, the Vice-President announces his opinion, which decides.]
[The Constitution, however, has directed that “the yeas and nays of the members of either House on any question, shall at the desire of one-fifth of those present, be entered on the journal.” And again: that in all cases of reconsidering a bill disapproved by the President, and returned with is objections, “the votes of both Houses shall be determined by yeas and nays, and the names of persons voting for and against the bill shall be entered on the journals of each House respectively.”]
[By the 16th and 17th rules of the Senate, when the yeas and nays shall be called for by one-fifth of the members present, each member called upon shall, unless for special reasons he be excused by the Senate, declare openly, and without debate, his assent or dissent to the question. In taking the yeas and nays, and upon the call of the House, the names of the members shall be taken alphabetically.]
[When the yeas and nays shall be taken upon any question in pursuance of the above rule, no member shall be permitted, under any circumstances whatever, to vote after the decision is announced from the Chair.]
[When it is proposed to take the vote by yeas and nays, the President or Speaker states that “the question is whether, e. g., the bill shall pass—that it is proposed that the yeas and nays shall be entered on the journal. Those, therefore, who desire it, will rise.” If he finds and declares that one-fifth have risen, he then states that “those who are of opinion that the bill shall pass are to answer in the affirmative; those of the contrary opinion in the negative.” The Clerk then calls over the names, alphabetically, note the yea or nay of each, and gives the list to the President or Speaker, who declares the result. In the Senate, if there be an equal division, the Secretary calls on the Vice-President and notes his affirmative or negative, which becomes the decision of the House.]