Chapter LXXIV: Section XXXVIII: Equivalent

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 further question. 4 _Grey_, 149. And see _Elsynge’s Mem._, 42, in what cases 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. Does there result from this a vote of disagreement, or must the question on disagreement be expressly voted? The questions respecting amendments from another house are--1st, to agree; 2d, to disagree; 3d, recede; 4th, insist; 5th, adhere.

1st. To agree. } Either of these concludes the other
2d. To disagree. } 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 amendments 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.
3d. To recede. } You may then either insist or adhere.
4th. To insist. } You may then either recede or adhere.
5th. To 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.