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Antiviral Research 141 (2017) 101e106
Antiviral Research
journal homepage: www.elsevier.com/locate/antiviral
a r t i c l e i n f o a b s t r a c t
Article history: Middle East respiratory syndrome coronavirus (MERS-CoV) causes severe acute respiratory illness with
Received 13 September 2016 fever, cough and shortness of breath. Up to date, it has resulted in 1826 human infections, including 649
Received in revised form deaths. Analogous to picornavirus 3C protease (3Cpro), 3C-like protease (3CLpro) is critical for initiation of
10 February 2017
the MERS-CoV replication cycle and is thus regarded as a validated drug target. As presented here, our
Accepted 14 February 2017
peptidomimetic inhibitors of enterovirus 3Cpro (6b, 6c and 6d) inhibited 3CLpro of MERS-CoV and severe
Available online 17 February 2017
acute respiratory syndrome coronavirus (SARS-CoV) with IC50 values ranging from 1.7 to 4.7 mM and from
0.2 to 0.7 mM, respectively. In MERS-CoV-infected cells, the inhibitors showed antiviral activity with EC50
Keywords:
MERS-CoV
values ranging from 0.6 to 1.4 mM, by downregulating the viral protein production in cells as well as
SARS-CoV reducing secretion of infectious viral particles into culture supernatants. They also suppressed other a-
3C-like protease and b-CoVs from human and feline origin. These compounds exhibited good selectivity index (over 70
Peptidomimetic inhibitor against MERS-CoV) and could lead to the development of broad-spectrum antiviral drugs against
Coronavirus emerging CoVs and picornaviruses.
Picornavirus © 2017 Elsevier B.V. All rights reserved.
1. Introduction 2003). Due to its vital role in replication, 3CLpro has been regar-
ded as a validated drug target. Many inhibitors of SARS-CoV 3CLpro
Coronaviruses (CoVs) affecting upper respiratory tract were first were discovered by high throughput screening and structure-based
identified in humans in mid-1960 (Tyrrell and Bynoe, 1965). In late rational design as summarized in the review articles (Hilgenfeld
2002, there was emergence of a life threatening CoV of atypical and Peiris, 2013; Kumar et al., 2013; Kuo and Liang, 2015;
pneumonia, named severe acute respiratory syndrome CoV (SARS- Pillaiyar et al., 2016; Ramajayam et al., 2011; Tong, 2009; Zhao
CoV). SARS-CoV belongs to the family Coronaviridae, and is an et al., 2013). After SARS-CoV infection subsided, Middle East res-
enveloped, positive-stranded RNA virus with ~30,000 nucleotides piratory syndrome CoV (MERS-CoV), has emerged in Saudi Arabia
(Rota et al., 2003). Its genome encodes two polyproteins, pp1a in 2012 and spread worldwide, killing 36% of the reported 1826
(~490 kDa) and pp1ab (~790 kDa) which are processed by 3C-like patients (http://www.who.int/mediacentre/factsheets/mers-cov/
protease (3CLpro) and papain-like protease (PLpro) to generate non- en/). Due to the similar maturation pathway, MERS-CoV 3CLpro is
structural proteins essential for viral replication (Thiel et al., 2001, also regarded as a target for developing antiviral drugs (Tomar et al.,
2015). Though tremendous efforts have been made to develop in-
hibitors, therapeutic interventions for such continuous CoV out-
* Corresponding author. Institute of Biological Chemistry, Academia Sinica, Taipei breaks are yet to reach market (Barnard and Kumaki, 2011; Kilianski
115, Taiwan. and Baker, 2014).
** Corresponding author. Center for Virus Research and Testing, Korea Research
These CoVs' 3CLpro are functionally similar to the 3Cpro in pi-
Institute of Chemical Technology, 141 Gajeongro, Yuseong, Daejeon 34114, Republic
of Korea.
cornaviruses and both adopt chymotrypsin fold (Anand et al.,
E-mail addresses: mkim@krict.re.kr (M. Kim), phliang@gate.sinica.edu.tw 2003). However, 3CLpro is a dimer with Cys-His dyad, whereas
(P.-H. Liang). 3Cpro is a monomer with Cys-His-Glu triad (Hsu et al., 2005; Lee
1
These authors contributed equally to this work.
http://dx.doi.org/10.1016/j.antiviral.2017.02.007
0166-3542/© 2017 Elsevier B.V. All rights reserved.
102 V. Kumar et al. / Antiviral Research 141 (2017) 101e106
et al., 2009; Yang et al., 2003). Picornaviruses are small, non- 2.3. Expression and purification of SARS- and MERS-CoV 3CLpro
enveloped RNA virus with genome size of 7500e8000 nucleo-
tides. Based on their genetic organization, the family is composed The expression and purification of SARS-CoV 3CLpro followed
of 31 genera including Enterovirus (enterovirus and rhinovirus), our reported procedure (Kuo et al., 2004). For expression of MERS-
Aphthovirus (foot-and-mouth disease virus), Cardiovirus (encepha- CoV 3CLpro (Kumar et al., 2016), the Factor Xa cleavage site (IEGR)
lomyocarditis virus), Hepatovirus (hepatitis A virus) and others and the 3CLpro (accession KJ361502.1, Ser3248eGln3553) DNA
(http://www.picornaviridae.com/). As 3Cpro is produced in all sequence was synthesized and cloned into the pET32 expression
genera of Picornaviridae virus family, its inhibitors showed broad- vector by Mission Biotech. Company (Taiwan) and was transformed
spectrum, potent antiviral activity against rhinovirus, coxsack- into E. coli BL21 (DE3). A 10 ml overnight culture of a single
ievirus and enterovirus (Jetsadawisut et al., 2016; Kim et al., 2015; transformant was used to inoculate 1L of fresh LB medium con-
St John et al., 2015). Though 3Cpro and 3CLpro share similar struc- taining 100 mg/ml ampicillin. The cells were grown at 37 C to
tures at their active sites, subtle differences often discriminate in- A600 ¼ 0.8 and induced with 0.4 mM isopropyl-b-thiogalactopyr-
hibitors. AG7088, an established 3Cpro inhibitor, was inactive anoside (IPTG) for 22 h at 16 C. The cells were harvested by
against SARS-CoV 3CLpro prior to the modifications (Ghosh et al., centrifugation at 7000 g for 15 min and the pellet was suspended
2005; Shie et al., 2005; Thanigaimalai et al., 2013; Yang et al., in lysis buffer (12 mM Tris-HCl, 120 mM NaCl, 0.1 mM EDTA, and
2006). Unlike AG7088 which contains a, b-unsaturated ester for 5 mM DTT, pH 7.5). A French-press instrument (Constant Cell
forming covalent bond with the active-site Cys, our previously re- Disruption System) was used to disrupt the cells at 20,000 psi and
ported potent peptidomimetic inhibitors of 3Cpro from enterovirus centrifuged at 20,000 g for 1 h to discard the debris. The cell-free
71 (EV71) contains aldehyde as electrophilic warhead (Kuo et al., extract was loaded onto Ni-NTA column which was equilibrated
2008). In this work, we screened those EV71 3Cpro inhibitors with lysis buffer containing 5 mM imidazole. After exhaustive
against MERS-CoV 3CLpro and further evaluated the hits by cell- washing with lysis buffer, the imidazole concentration of the
based assays using live MERS-CoV. Our best compounds 6b, 6c washing buffer was increased to 30 mM. The protein eluted by lysis
and 6d inhibited MERS-CoV 3CLpro with IC50 values ranging from buffer containing 300 mM imidazole was dialyzed against lysis
1.7 to 4.7 mM and also suppressed viral replication with EC50 values buffer to remove imidazole and then Factor Xa was added to a final
between 0.6 and 1.4 mM. These derivatives represent some of few concentration of 1% (w/w) and incubated at 16 C for 24 h to
cell-based assay-confirmed anti-MERS-CoV agents and also remove the His-tag. Subsequently, the processed MERS-CoV 3CLpro
showed broad-spectrum activity against both a- and b-types of was passed through a Ni-NTA column for purification. The protein
CoVs as described herein. concentration was determined by the protein assay kit (BioRad,
USA) and BSA was used as standard.
2. Materials and methods
2.4. Measurement of IC50
2.1. Synthesis of compounds
A fluorometric assay by using the fluorogenic peptide, Dabcyl-
Compounds reported here were synthesized using previously KTSAVLQSGFRKME-Edans as previously described (Kuo et al.,
reported procedures with some modifications (Kuo et al., 2008). 2004) was used to determine the inhibition constants of com-
Test compounds and gemcitabine hydrochloride (GEM; Sigma- pounds. The enhanced fluorescence due to the cleavage of this
Aldrich, St. Louis, MO) were dissolved in dimethyl sulfoxide substrate catalyzed by the 3CLpro was monitored at 538 nm with
(DMSO; Sigma-Aldrich) at 50 mM concentration. excitation at 355 nm. The IC50 value of individual sample was
measured in a reaction mixture containing 50 nM SARS-CoV 3CLpro
2.2. Viruses and cells or 0.3 mM MERS-CoV 3CLpro and 10 mM of the fluorogenic substrate
in 20 mM Bis-Tris (pH 7.0).
Patient-derived isolate MERS-CoV (MERS-CoV/KOR/KNIH/
002_05_2015; GenBank accession No. KT029139) was provided by 2.5. Cytopathic effect inhibition assay
the Korea Center for Disease Control and Prevention. Huh-7 and
Vero cells (Cat. No. CCL-81) were obtained from Prof. D.-E. Kim at Huh-7 cells were seeded in 96-well plates (2 104 cells per
Konkuk University (Seoul, Republic of Korea) and American Type well). On the next day, cells were infected with MERS-CoV at a
Culture Collection (ATCC, Manassas, VA), respectively. The cells multiplicity of infection (MOI) of 0.1 in DMEM without FBS for 1 h.
were maintained in Dulbecco's Modified Eagle Medium (DMEM; After washing with PBS, mock-infected or virus-infected cells were
Gibco BRL, Grand Island, NY) supplemented with 10% fetal bovine treated with 3-fold serial dilutions of test compounds or GEM used
serum (FBS; Gibco BRL) at 37 C and 5% CO2. To minimize adaptive as a positive control. At day 2 p.i., cell lysate was harvested for
mutation probability of MERS-CoV to another species during pas- measuring cell viability using the CellTiter 96® AQueous One Solu-
sage, MERS-CoV was amplified by infection of a human cell line, tion Cell Proliferation Assay according to the manufacturer's in-
Huh-7 cells. The infectious viral titers from culture supernatants at structions (Promega, Madison, WI). The 50% cytotoxic
day 2 post-infection (p.i.) were measured by a plaque assay using concentration (CC50) and 50% effective concentration (EC50) values
Vero cells according to other reports (Chan et al., 2013; de Wilde were calculated using GraphPad Prism 6 software (GraphPad
et al., 2013). MERS-CoV was maintained under biosafety level 3 Software, La Jolla, CA). Antiviral assay for other CoVs, including
conditions in Korea Research Institute of Chemical Technology 229E, OC43 and FIPV strains, were performed as mentioned above
(KRICT). by using different cell lines. MRC-5 cells were used for culturing
Human CoV strains, 229E (Cat. No. VR-740) and OC43 (Cat. No. human CoVs, 229E and OC43, while CRFK cells for feline CoV, FIPV.
VR-1558) were purchased from ATCC. They were amplified by
infecting human fetal lung fibroblast MRC-5 cells (ATCC, Cat. No. 2.6. Western blot analysis
CCL-171). Feline infectious peritonitis coronavirus (FIPV) strain
(Cat. No. VR-990) and its host cell line Crandall feline kidney (CRFK) Huh-7 cells seeded in 6-well plates (3 105 cells per well) were
(Cat. No. 10094) were obtained from ATCC and Korean Cell Line infected with MERS-CoV at an MOI of 0.02 for 1 h. After washing
Bank (Seoul, Republic of Korea), respectively. with PBS, cells were treated with 0.1, 1 and 10 mM of compounds 6b,
V. Kumar et al. / Antiviral Research 141 (2017) 101e106 103
Table 1
Enzymatic and cell-based antiviral assays of selected compounds.
6c and 6d. In parallel, 0.02% DMSO was treated as a compound showed IC50 of 2.4, 4.7 and 1.7 mM against purified 3CLpro of MERS-
vehicle. On day 1 p.i., 30 mg cell lysates suspended in sample loading CoV, respectively (Table 1). These compounds also inhibited SARS
buffer (Biosesang, Gyeonggi-do, Republic of Korea) were subjected 3CLpro at lower IC50 values of 0.7, 0.5 and 0.2 mM, respectively.
to 10% SDS-PAGE and electro-transferred to a polyvinylidene fluo- To evaluate the ability of these compounds to block viral repli-
ride membrane (Millipore, Billerica, MA). MERS-CoV NP was cation, we performed cytopathic inhibition assay using MERS-CoV-
detected using a primary antibody specific for viral nucleocapsid infected Huh-7 cells. As shown in Fig. 1, compounds 6b, 6c and 6d
protein (NP) (Cat. 100211-RP02; Sino Biological Inc., Beijing, China), efficiently suppressed viral replication with EC50 of 1.4, 1.2 and
followed by a horseradish peroxidase (HRP)-conjugated goat anti- 0.6 mM, respectively (Table 1). Though it is usual to see EC50 higher
rabbit secondary antibody (Thermo Scientific, Waltham, MA). The than IC50, due to the presence of membrane barrier, we observed
cellular b-actin protein, a loading control, was detected with an EC50 to be smaller than IC50. This could be due to the higher con-
anti-b-actin-specific primary antibody (Cat. No. A1987; Sigma- centration (300 nM) used for in-vitro enzymatic assay because it is a
Aldrich) and the HRP-conjugated goat anti-mouse secondary anti- weakly associated dimer (Tomar et al., 2015). In fact, they inhibited
body (Thermo Scientific). After addition of a chemiluminescent 50 nM SARS 3CLpro, a tight dimer, in the submicromolar range
HRP substrate (SuperSignal West Pico Chemiluminescent Sub- (Table 1). These compounds had CC50 larger than 100 mM for 6b and
strate; Pierce, Rockford, IL), images were obtained using a LAS-4000 6c or 58.6 mM for 6d against uninfected cells, resulting in selectivity
Luminescent Image Analyzer (Fujifilm, Tokyo, Japan). index (S.I.) values larger than 71.4. As expected, compound 6a
which was inactive in the enzyme assay did not suppress viral
2.7. Plaque inhibition assay replication. GEM, used as a positive control according to a previous
report (Dyall et al., 2014), was less potent in inhibiting MERS-CoV
Huh-7 cells were inoculated in 6-well plates at a density of infection with an EC50 value of 8.3 mM. It also showed marginal
1 106 cells per well for 1 day. Culture supernatants treated with toxicity and thus decreased viability of mock cells by 20% or more at
1 mM compounds were harvested at day 1 p.i. They were serially the concentrations above 3.7 mM (Table 1 and Fig. 1).
diluted 10-fold in DMEM from 101 to 103 and 1 ml of each sample
was used to infect Vero cells for 1 h. After washing with PBS to 3.2. Suppression of viral protein production and infectious MERS-
remove unabsorbed virus, DMEM containing 0.5% agarose (overlay CoV generation
medium) was added. On day 3 p.i., plaques were visualized with
50 mg/ml neutral red (Sigma-Aldrich). To confirm that the observed antiviral activity of compounds 6b,
6c and 6d reflects inhibition of MERS-CoV infection, both viral
3. Results and discussion protein and progeny production was measured after treatment of
virus-infected cells with these compounds. Western blot analysis
3.1. Inhibition of MERS-CoV 3CLpro and viral infection by 6b, 6c and showed that viral NP was decreased by these inhibitors in a dose-
6d dependent manner (Fig. 2). It is noteworthy that no viral NP
detectable in the presence of 10 mM 3CLpro inhibitors.
Peptidomimetic compounds were synthesized according to our We further compared the number of infectious MERS-CoV par-
reported method (Kuo et al., 2008). Preliminary screening of these ticles in the culture supernatants, both in the presence and absence
peptidomimetic compounds against MERS 3CLpro were done at of 3CLpro inhibitors. The plaque assay showed that the viral titer in
50 mM. Compounds inhibiting more than half of the protease ac- the absence of compound was 4.4 105 plaque forming units (pfu)/
tivity under such condition were selected for further IC50 mea- ml, but reduced to 1.7 104, 2.9 104, and 1.2 104 pfu/ml by 1 mM
surements. Using enzymatic assay, the compounds 6b, 6c and 6d of compounds 6b, 6c and 6d, respectively (Fig. 3). Taken together,
104 V. Kumar et al. / Antiviral Research 141 (2017) 101e106
Fig. 1. Antiviral activity of 6b, 6c and 6d against MERS-CoV in Huh-7 cells. Huh-7 cells in 96-well plates were mock-infected or infected with MERS-CoV at an MOI of 0.1 for 1 h at
37 C. After washing with PBS, cells were treated with 3-fold serial dilutions of test compounds (6a, 6b, 6c and 6d) or a control compound (GEM). On day 2 p.i., cell lysates were
harvested for measuring cell viability. The data represent the means ± standard deviations from three independent experiments.
generation. The data also indicate that the inhibitors can penetrate
virus-infected cell membrane to reach the active site of 3CLpro.
Table 2
Antiviral activity of 6b, 6c, and 6d against 229E, OC43 and FIP.
Acknowledgements Lee, C.C., Kuo, C.J., Ko, T.P., Hsu, M.F., Tsui, Y.C., Chang, S.C., Yang, S., Chen, S.J.,
Chen, H.C., Hsu, M.C., Shih, S.R., Liang, P.H., Wang, A.H., 2009. Structural basis of
inhibition specificities of 3C and 3C-like proteases by zinc-coordinating and
We appreciate Dr. Sung Soon Kim at Korea Centers for Disease peptidomimetic compounds. J. Biol. Chem. 284, 7646e7655.
Control and Prevention (KCDC) for providing MERS-CoV. This work Matthews, D.A., Dragovich, P.S., Webber, S.E., Fuhrman, S.A., Patick, A.K.,
was supported by Academia Sinica, Taiwan and the grants from Zalman, L.S., Hendrickson, T.F., Love, R.A., Prins, T.J., Marakovits, J.T., Zhou, R.,
Tikhe, J., Ford, C.E., Meador, J.W., Ferre, R.A., Brown, E.L., Binford, S.L.,
KRICT (KK1603) and KCDC (2015-ER4808-00), Republic of Korea. Brothers, M.A., DeLisle, D.M., Worland, S.T., 1999. Structure-assisted design of
mechanism-based irreversible inhibitors of human rhinovirus 3C protease with
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adjournment, it is thereby removed from before the House, and does
not stand ipso facto before them at their next meeting, but must
come forward in the usual way. So, when it is interrupted by the
order of the day. Such other privileged questions also as dispose of
the main question, (e. g., the previous question, postponement, or
commitment,) remove it from before the House. But it is only
suspended by a motion to amend, to withdraw, to read papers, or by
a question of order or privilege, and stands again before the House
when these are decided. None but the class of privileged questions
can be brought forward while there is another question before the
House, the rule being that when a motion has been made and
seconded, no other can be received except it be a privileged one.
The affirmative and negative of the question having been both put
and answered, the Speaker declares whether the yeas or nays have it
by the sound, if he be himself satisfied, and it stands as the judgment
of the House. But if he be not himself satisfied which voice is the
greater, or if before any other member comes into the House, or
before any new motion made, (for it is too late after that,) any
member shall rise and declare himself dissatisfied with the Speaker’s
decision, then the Speaker is to divide the House. Scob., 24; 2 Hats.,
140.
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
Messenger be received
Ayes.
Orders of day to be now read, if before 2 o’clock
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.]
In the House of Commons, every member must give his vote the
one way or the other, Scob., 24, as it is not permitted to any one to
withdraw who is in the House when the question is put, nor is any
one to be told in the division who was not in when the question was
put. 2 Hats., 140.
This last position is always true when the vote is by yeas and nays;
where the negative as well as affirmative of the question is stated by
the President at the same time, and the vote of both sides begins and
proceeds pari passu. It is true also when the question is put in the
usual way, if the negative has also been put; but if it has not, the
member entering, or any other member, may speak, and even
propose amendments, by which the debate may be opened again,
and the question be greatly deferred. And as some who have
answered ay may have been changed by the new arguments, the
affirmative must be put over again. If, then, the member entering
may, by speaking a few words, occasion a repetition of a question, it
would be useless to deny it on his simple call for it.
While the House is telling, no member may speak or move out of
his place; for if any mistake be suspected, it must be told again.
Mem. in Hakew., 26; 2 Hats., 143.
If any difficulty arises in point of order during the division, the
speaker is to decide peremptorily, subject to the future censure of the
House if irregular. He sometimes permits old experienced members
to assist him with their advice, which they do sitting in their seats,
covered, to avoid the appearance of debate; but this can only be with
the Speaker’s leave, else the division might last several hours. 2
Hats., 143.
The voice of the majority decides; for the lex majoris partis is the
law of all councils, elections, &c., where not otherwise expressly
provided. Hakew., 93. But if the House be equally divided, semper
presumatur pro negante; that is, the former law is not to be changed
but by a majority. Towns., col. 134.
[But in the Senate of the United States, the Vice-President decides
when the House is divided. Const. U. S., I, 3.]
When from counting the House on a division it appears that there
is not a quorum, the matter continues exactly in the state in which it
was before the division, and must be resumed at that point on any
future day. 2 Hats., 126.
1606, May 1, on a question whether a member having said yea may
afterwards sit and change his opinion, a precedent was remembered
by the Speaker, of Mr. Morris, attorney of the wards, in 39 Eliz., who
in like case changed his opinion. Mem. in Hakew., 27.
SEC. XLII.—TITLES.
After the bill has passed, and not before, the title may be amended,
and is to be fixed by a question; and the bill is then sent to the other
House.
SEC. XLIII.—RECONSIDERATION.
[All bills passed in the Senate shall, before they are sent to the
House of Representatives, be examined by a committee, consisting of
three members, whose duty it shall be to examine all bills,
amendments, resolutions, or motions, before they go out of the
possession of the Senate, and to make report that they are correctly
engrossed; which report shall be entered on the journal. Rule 34.]
A bill from the other House is sometimes ordered to lie on the
table. 2 Hats., 97.
When bills, passed in one House and sent to the other, are
grounded on special facts requiring proof, it is usual, either by
message or at a conference, to ask the grounds and evidence; and
this evidence, whether arising out of papers, or from the examination
of witnesses, is immediately communicated. 3 Hats., 48.
When either House, e. g., the House of Commons, send a bill to the
other, the other may pass it with amendments. The regular
progression in this case is, that the Commons disagree to the
amendment; the Lords insist on it; the Commons insist on their
disagreement; the Lords adhere to their amendment; the Commons
adhere to their disagreement. The term of insisting may be repeated
as often as they choose to keep the question open. But the first
adherence by either renders it necessary for the other to recede or
adhere also; when the matter is usually suffered to fall. 10 Grey, 148.
Latterly, however, there are instances of their having gone to a
second adherence. There must be an absolute conclusion of the
subject somewhere, or otherwise transactions between the Houses
would become endless. 3 Hats., 268, 270. The term of insisting, we
are told by Sir John Trevor, was then (1679) newly introduced into
parliamentary usage, by the Lords. 7 Grey, 94. It was certainly a
happy innovation, as it multiplies the opportunities of trying
modifications which may bring the Houses to a concurrence. Either
House, however, is free to pass over the term of insisting, and to
adhere in the first instance; 10 Grey, 146; but it is not respectful to
the other. In the ordinary parliamentary course, there are two free
conferences, at least, before an adherence. 10 Grey, 147.
Either House may recede from its amendment and agree to the
bill; or recede from their disagreement to the amendment, and agree
to the same absolutely, or with an amendment; for here the
disagreement and receding destroy one another, and the subject
stands as before the agreement. Elsynge, 23, 27; 9 Grey, 476.
But the House cannot recede from or insist on its own
amendment, with an amendment; for the same reason that it cannot
send to the other House an amendment to its own act after it has
passed the act. They may modify an amendment from the other
House by ingrafting an amendment on it, because they have never
assented to it; but they cannot amend their own amendment,
because they have, on the question, passed it in that form. 9 Grey,
363; 10 Grey, 240. In the Senate, March 29, 1798. Nor where one
House has adhered to their amendment, and the other agrees with
an amendment, can the first House depart from the form which they
have fixed by an adherence.
In the case of a money bill, the Lords’ proposed amendments,
become, by delay, confessedly necessary. The Commons, however,
refused them, as infringing on their privilege as to money bills; but
they offered themselves to add to the bill a proviso to the same effect,
which had no coherence with the Lords’ amendments; and urged
that it was an expedient warranted by precedent, and not
unparliamentary in a case become impracticable, and irremediable
in any other way. 3 Hats., 256, 266, 270, 271. But the Lords refused,
and the bill was lost. 1 Chand., 288. A like case, 1 Chand., 311. So the
Commons resolved that it is unparliamentary to strike out, at a
conference, anything in a bill which hath been agreed and passed by
both Houses. 6 Grey, 274; 1 Chand., 312.
A motion to amend an amendment from the other House takes
precedence of a motion to agree or disagree.
A bill originating in one House is passed by the other with an
amendment.
The originating House agrees to their amendment with an
amendment. The other may agree to their amendment with an
amendment, that being only in the 2d and not the 3d degree; for, as
to the amending House, the first amendment with which they passed
the bill is a part of its text; it is the only text they have agreed to. The
amendment to that text by the originating House, therefore, is only
in the 1st degree, and the amendment to that again by the amending
House is only in the 2d, to wit, an amendment to an amendment, and
so admissible. Just so, when, on a bill from the originating House,
the other, at its second reading, makes an amendment; on the third
reading this amendment is become the text of the bill, and if an
amendment to it be moved, an amendment to that amendment may
also be moved, as being only in the 2d degree.
SEC. XLVI.—CONFERENCES.
SEC. XLVII.—MESSAGES.
SEC. XLVIII.—ASSENT.
The House which has received a bill and passed it may present it
for the King’s assent, and ought to do it, though they have not by
message notified to the other their passage of it. Yet the notifying by
message is a form which ought to be observed between the two
Houses from motives of respect and good understanding. 2 Hats.,
242. Were the bill to be withheld from being presented to the King, it
would be an infringement of the rules of Parliament. Ib.
[When a bill has passed both Houses of Congress, the House last
acting on it notifies its passage to the other, and delivers the bill to
the Joint Committee of Enrolment, who see that it is truly enrolled in
parchment]. When the bill is enrolled, it is not to be written in
paragraphs, but solidly, and all of a piece, that the blanks between
the paragraphs may not give room for forgery. 9 Grey, 143. [It is then
put into the hands of the Clerk of the House of Representatives to
have it signed by the Speaker. The Clerk then brings it by way of
message to the Senate to be signed by their President. The Secretary
of the Senate returns it to the Committee of Enrolment, who present
it to the President of the United States. If he approve, he signs, and
deposits it among the rolls in the office of the Secretary of State, and
notifies by message the House in which it originated that he has
approved and signed it; of which that House informs the other by
message. If the President disapproves, he is to return it, with his
objections, to that House in which it shall have originated; who are to
enter the objections at large on their journal, and proceed to
reconsider it. If, after such reconsideration, two-thirds of that House
shall agree to pass the bill, it shall be sent, together with the
President’s objections, to the other House, by which it shall likewise
be reconsidered; and if approved by two-thirds of that House, it shall
become a law. If any bill shall not be returned by the President
within ten days (Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner after he had signed it,
unless the Congress, by their adjournment, prevent its return; in
which case it shall not be a law. Const., I, 7.]
[Every order, resolution, or vote, to which the concurrence of the
Senate and House of Representatives may be necessary, (except on a
question of adjournment), shall be presented to the President of the
United States, and, before the same shall take effect, shall be
approved by him; or, being disapproved by him, shall be repassed by
two-thirds of the Senate and House of Representatives, according to
the rules and limitations prescribed in the case of a bill. Const., I, 7.]
SEC. XLIX.—JOURNALS.
[Each House shall keep a journal of its proceedings, and from time
to time publish the same, excepting such parts as may, in their
judgment, require secrecy. Const., I, 5.]
[The proceedings of the Senate, when not acting as in a Committee
of the Whole, shall be entered on the journals as concisely as
possible, care being taken to detail a true account of the proceedings.
Every vote of the Senate shall be entered on the journals, and a brief
statement of the contents of each petition, memorial, or paper
presented to the Senate, be also inserted on the journal. Rule 5.]
[The titles of bills, and such parts thereof, only, as shall be affected
by proposed amendments, shall be inserted on the journals. Rule 5.]
If a question is interrupted by a vote to adjourn, or to proceed to
the orders of the day, the original question is never printed in the
journal, it never having been a vote, nor introductory to any vote; but
when suppressed by the previous question, the first question must be
stated, in order to introduce and make intelligible the second. 2
Hats., 83.
So also when a question is postponed, adjourned, or laid on the
table, the original question, though not yet a vote, must be expressed
in the journals; because it makes part of the vote of postponement,
adjourning, or laying it on the table.
Where amendments are made to a question, those amendments
are not printed in the journals, separated from the question; but only
the question as finally agreed to by the House. The rule of entering in
the journals only what the House has agreed to, is founded in great
prudence and good sense; as there may be many questions proposed,
which it may be improper to publish to the world in the form in
which they are made. 2 Hats., 85.
[In both Houses of Congress, all questions whereon the yeas and
nays are desired by one-fifth of the members present, whether
decided affirmatively or negatively, must be entered in the journals.
Const., I, 5.]
The first order for printing the votes of the House of Commons
was October 30, 1685. 1 Chandler, 387.
Some judges have been of opinion that the journals of the House of
Commons are no records, but only remembrances. But this is not
law. Hob., 110, 111; Lex Parl., 114, 115; Jour. H. C., Mar. 17, 1592;
Hale, Parl., 105. For the Lords in their House have power of
judicature, the Commons in their House have power of judicature,
and both Houses together have power of judicature; and the book of
the Clerk of the House of Commons is a record, as is affirmed by act
of Parl., 6 H. 8, c. 16; 4 Inst., 23, 24; and every member of the House
of Commons hath a judicial place. 4 Inst., 15. As records they are
open to every person, and a printed vote of either House is sufficient
ground for the other to notice it. Either may appoint a committee to
inspect the journals of the other, and report what has been done by
the other in any particular case. 2 Hats., 261; 3 Hats., 27–30. Every
member has a right to see the journals and to take and publish votes
from them. Being a record, every one may see and publish them. 6
Grey, 118, 119.
On information of a mis-entry or omission of an entry in the
journal, a committee may be appointed to examine and rectify it, and
report it to the House. 2 Hats., 194, 1195.
SEC. L.—ADJOURNMENT.