Chapter LXXXI: Section XLVI: Conferences

It is on the occasion of amendments between the Houses that conferences are usually asked; but they may be asked in all cases of difference of opinion between the two Houses on matters depending between them. The request of a conference, however, must always be with the House which is possessed of the papers. 3 _Hats._, 31; 1 _Grey_, 425.

Conferences may be either simple or free. At a conference simply, written reasons are prepared by the House asking it, and they are read and delivered, without debate, to the managers of the other House at the conference; but are not then to be answered. 4 _Grey_, 144. The other House, then, if satisfied, vote the reason satisfactory, or say nothing; if not satisfied, they resolve them not satisfactory, and ask a conference on the subject of the last conference, where they read and deliver, in like manner, written answers to those reasons. 3 _Grey_, 183. They are meant chiefly to record the jurisdiction of each House to the nation at large, and to posterity, and in proof that the miscarriage of a necessary measure is not imputable to them. 3 _Grey_, 255. At free conferences the managers discuss, viva voce and freely, and interchange propositions for such modifications as may be made in a parliamentary way, and may bring the sense of the two Houses together. And each party reports in writing to their respective Houses the substance of what is said on both sides, and it is entered in their journals. 9 _Grey_, 220; 3 _Hats._, 280. This report cannot be amended or altered, as that of a committee may be. _Journal of Senate, May 24, 1796._

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_, 137. 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 inferences of conferences, 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, etc., 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. _Ib._, 317, 323, 354; _10 Grey_, 146.

After a free conference, the usage is to proceed with free conferences, and not 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_, 177. 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 article 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. 6 _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 the modern practice. 8 _Grey_, 255.

A conference has been asked after the first reading of the bill. _1 Grey_, 194. This is a singular instance.