Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-04-28
STA UNION, April 6, 1866,
.Lnhn II. GiLmnr. ESn .


DEAR SIR-Yours of the Bird inst. has been re-
ceived and carefully considered and while ! do not
anticipate any good as likely to follow such dis
cussion, deem it respectful to give you my views
in reply.
|. BY Article A. Section of the Constitution of
the State of Virginia each House" is authorized to
settle its Orn rules Of proceeding. To this authori-
y there is no limit except such as is found in the
Constitution itself, as, for example in Article 4,
Section II. 1t is only when the Constitution and
the rules of the House silent that the parliament
nv law can be appealed TO. preface TO Jefferson 5
Manual of House of Delegates-Rule 49,
Every law requires the consent of both Houses {;
and as each House gives its consent according to It's
own rules, the only mode of asceItanng the lnalty
of any action taken by the House OF Delegates is by
reference to its rules By rule 10 the House express
" retains the right to reconsider any of its proceed
ngs, to wit: 'When a question has been decided
il NAV be recOnsideIed on the motion OF any men,
Der who voted with the prevailing side provided 1t
be made on the same day, or lCithiH the Hert tlrO
dags Of actual session.
Who can deny the right of the House of Delegates
to annex this condition to all of its actOnl And if
the right exists, by what authority can the passage
of bill subject to this reservation be construed as
final and unconditional!
Q | do not understand you to question the cor
rectness of these positions; but you seem to think
that the message announcing the passage of the bill
operates, some how other, to cut of the right 10
reconsider, and thus to give finality to the bill
\ message between the Houses is nothing more
than the official mode of announcing facts occur
ring in the progress of their business. The message
makes no change in the legal or parliamentary ef-
feet of the fact. The only facts necessary to be
communicated are those upon which the other
House is required TO act: as when House bill is
sent to the Senate for its concurrence. All other
messages are mere matters of courtesy between the
Houses, the omission of which would not effect the
result. As in this case the message in
forming the Senate of the passage of the bill by the
House required no action the part of the
Senate and was not necessary for any purpose eX-
cept to maintain courteous intercourse between the
two Houses.
8. If the motion to reconsider was entered on the
day the bill passed it was mistake of the Clerk to
send the message to the Senate for the motion to re-
consider stops the bill until the motion is disposed
Of Barclay l6Il.
j. The possession of bill is not necessary in or
der TO a motion, or a vote to reconsider, but when
the reconsideration is ordered, the paper must lie
present i'm order TO the further action of the House.
This is, however, a mere physical obstruction, like
the displacement of paper; but a vote to recon-
slider stops all action of the other House
known without regard to the custody of the paper,
viz: 4 bill passes the House and is sent TO the
Senate: next day. and before any action Of the
Senate on the bill the House reconsders and sends
TO the Senate for the bill The Senate may refuse to
return the bill but after notice of the reconsdera-
ton il has no right TO proceed with the bill.
o. You seem % regard the message to the Senate
as a declaration Of record, that the House was done
with the bill But the fact is that such message
sent by the Clerk is not entered upon the Journal or
in any way brought to the attention of the House or
the Speaker.
1t was my purpose simply to notice such points as
had not been attended to in my former cOmmunica-
ton. have no desire to continue discussion upon
which, with my views, ! can take no practical &C.
ton voted constantly for this BILL in all its stages
and regretted its defeat; but think it was egiti-
maely rejected according to the rules of the House.
and the established practice.
Yours, truly,
JOHN 3. BALDWIN,
Speaker of House OF Delegates,