2. NO, IN FORCE. 44th Cong., 2d sess.; J., pp. 31-36.] DECEMBER 6-8, 1876. On motion by Mr. Edmunds that the Senate proceed to the consideration of the joint resolution (S. 10) proposing an amendment to the Constitution of the United States, Mr. Merrimon raised a question of order, viz, that under the twenty-first joint rule, which requires six days to intervene from the commencement of a second or subsequent session of Congress before business undetermined at a preceding session shall be resumed, the motion was not in order. The President pro tempore (Mr. Ferry) decided that, there being no joint rules now in force, under the fifty-second rule of the Senate, which prescribes that at a second or subsequent session of a Congress business undetermined at the close of the next preceding session shall be resumed as if no adjournment had taken place, the motion was in order. From this decision Mr. Merrimon appealed to the Senate; and, On the question, Shall the decision of the Chair stand as the judgment of the Senate? yeas 54, nays 4. So the decision of the Chair was sustained. (See Cong. Record, pp. 64. 97-109.) JOURNAL. 1. Provisions in Constitution and rules providing for. 2. Refusal to insert messages of the President, on the. 3. On expunging a resolution from. 4. Correcting. 5. Reading. 1. PROVISIONS IN CONSTITUTION AND RULES PROVIDING FOR. Article I, sec. 5, clause 3, of the Constitution provides: "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; and 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." Rule IV of Rules of the Senate contains the following: "1. The proceedings of the Senate shall be briefly and accurately stated on the Journal. Messages of the President in full; titles of bills and joint resolutions and such parts as shall be affected by proposed amendments; every vote, and a brief statement of the contents of each petition, memorial, or paper presented to the Senate, shall be entered." (Jefferson's Manual, Sec. XLIX.) "2. The legislative, the executive, the confidential legislative proceedings, and the proceedings when sitting as a court of impeachment, shall each be recorded in a separate book." (Jefferson's Manual, Sec. XLIX.) 2. REFUSAL TO INSERT MESSAGES OF THE PRESIDENT, ON THE. 23d Cong., 1st sess.; J., pp. 229, 230.] APRIL 22-23, 1834. Mr. King of Alabama, in the chair, decided that an amendment to the Journal to insert the communications from the President of the United States of the 17th and 21st of April, 1834, was in order, but on next day, April 23, 1834, by a vote of 17 to 26, the Chair was not sustained. (See Cong. Globe, pp. 334, 339.) 3. ON EXPUNGING A RESOLUTION FROM. 24th Cong., 2d sess.; J., pp. 81, 123.] JANUARY 3-16, 1837. March 28, 1834, the Senate adopted a resolution as follows: "Resolved, That the President, in the late executive proceedings in relation to the revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both." It was, consequently, spread upon the Journal. Numerous efforts were subsequently made to have it expunged. 3, 1837, Mr. Benton introduced resolutions declaring the resolve to larly, illegally, and unconstitutionally adopted by the Senate in the rights of defence which belong to every citizen, and in s the fundamental principles of law and justice; because Presid was thereby adjudged and pronounced to be guilty of an impeacha etc. (The last resolve asked that the recorded resolve of date, Mar might be expunged from the Journal in the presence of the Senate. On the 16th of January, following, the Senate considered the modified them by striking out a few of the harsher phrases, and of 24 to 19, agreed to them; whereupon, "the Secretary of the Ser compliance therewith, bring the manuscript Journal of the sessi into the Senate; and did, in the presence of the Senate, draw around the said resolve, and write across the face thereof, in stro the words Expunged by order of the Senate this 16th day of Janu year of our Lord 1837." (See Cong. Globe, pp. 68, 98, 99.) 4. CORRECTING. 36th Cong., 2d sess.; J., p. 132.] JANUARY 22. Mr. Benjamin submitted the following motion: Ordered, That the Journal of the proceedings of the Senate be so as to record the fact that the Senators from the States of Florida and and the honorable Jefferson Davis, Senator of the State of Mississip announcement that the said States of Florida, Alabama, and Mississ seceded from the Union, had resumed the powers delegated by the said States to the United States of America, and that they, the said Senat sidered themselves by reason of said action of said States as being n entitled to retain their seats as Senators, and accordingly thereupon w from the Senate. The Senate proceeded to consider the said motion; and On motion by Mr. Douglas, to amend the same by striking out all a word “ Ordered," and in lieu thereof inserting: That Jefferson Davis, of Mississippi, Stephen R. Mallory and David L of Florida, C. C. Clay and Benjamin Fitzpatrick, of Alabama, havi nounced to the Senate their withdrawal from the same: Ordered, The names be stricken from the list of Senators, and the Secretary direc longer to call the same. After debate, On motion by Mr. Seward, that the motion of Mr. Benjamin, and th posed amendment, lie on the table, Mr. Benjamin raised a question of order, to wit: Whether it was in to move to lay upon the table a motion to correct the Journal of the S of the preceding day; and The Vice-President decided that the motion was in order; and On the question to agree to the motion of Mr. Seward, It was determined in the affirmative; yeas 32, nays 22. (See Cong. C pp. 501-505.) 51st Cong., 2d sess, J., p. 89.] JANUARY 22, 189 On motion by Mr. Aidrich, that the Senate proceed to the consideratio the resolution submitted by him December 29, 1890, to amend the rules s question of order, viz, that the unfinished business was the motion of Mr. orman to correct the Journal of the day before yesterday, it being a question f the highest privilege, and under Rule 3 to be proceeded with until it is conuded. The Vice-President (Mr. Morton) overruled the question of order, and stated hat he did not find any rule bearing upon the question of amending or aproving any other Journal than that of the preceding day, and was therefore f the opinion that the motion made by the Senator from Rhode Island was a order, the morning hour having expired. From the decision of the Chair Mr. Harris appealed to the Senate; and on he question, Shall the decision of the Chair stand as the judgment of the jenate? it was determined in the affirmative; yeas 35, nays 30. So the decision of the Chair was sustained. 663, 1664.) 53d Cong., 1st sess.; J.. pp. 74, 75-76.] (See Cong. Record, pp. 1654, OCTOBER 16, 17, (18) 1893. Mr. Dolph submitted an order that names of Senators Allen and Kyle be recorded in connection with the roll call to show their presence, they being present in the chamber. Objection to its consideration having been made, The Presiding Officer (Mr. Faulkner) decided that the order was in the ature of a resolution, and came within the terms of the rule which requires at all resolutions, if objected to, shall lie over one day for consideration. TUESDAY, October 17, 1893. The Journal of yesterday's proceedings having been read, Mr. Dolph asked the present consideration of the order submitted by him yesterday, since it was in effect a proposed amendment of the Journal, and should be disposed of before the approval of the Journal; When, The Vice-President (Mr. Stevenson) ruled that the above order was in the nature of a resolution coming over from a previous day, to be laid before the Senate for consideration under the call for “concurrent and other resolutions." A motion was then made to correct the Journal by recording Mr. Allen as present on the above roll call; which motion was laid on the table; yeas 45, nays 3. (See Cong. Record, pp. 2544–2549, 2575, 2580, 2601, 2629, 2637, 2638.) 5. READING. 46th Cong., 1st sess.; J., p. 235.] JUNE 19, 1879. The President pro tempore (Mr. Thurman) called the Senate to order and stated that, owing to the length of the session of yesterday, the Journal had not been completed, and asked that its reading be postponed until it be finished. Mr. Conkling having objected, the President pro tempore stated that so much of the Journal as had been made up would be read, and the Journal of yesterday's proceedings having been read as far as it was written up, the President pro tempore announced that the presentation of petitions and memorials was in order; when Mr. Conkling raised the question of order that, under the first rule of the Senate, no business could be transacted until the Journal had been read. The President pro tempore overruled the question of order raised by Mr. Conkling. From the decision of the Chair Mr. Conkling appealed to the Senate; and on motion by Mr. Hereford that the appeal lie on the table, the yeas were 33 and the nays were 4. (See Cong. Record, p. 2172.) LIMITATION OF SUBJECTS TO BE CONSIDERED. 40th Cong., 1st sess.; J., pp. 134, 135.] JULY 5, 1867. The following resolution, setting definite limits to legislation for the remainder of the first session of the 40th Congress, was agreed to. (ACTS OF RECONSTRUCTION.) Resolved, That the legislative business of this session be confined to removing the obstructions which have been, or are likely to be, placed in the way of the fair execution of the acts of reconstruction heretofore adopted by Congress; and to giving to said acts the scope intended by Congress when the same were passed; and that further legislation at this session on the subject of reconstruction, or on other subjects, is not expedient. 40th Cong., 1st sess.; J., pp. 143, 144, 145, 146.] JULY 11, 1867. The Senate resumed, as in Committee of the Whole, the consideration of the bill (S. 131) to give effect to an act entitled "An act to provide for the more efficient government of the rebel States," passed March 2, 1867. On motion by Mr. Drake to amend the bill by inserting : SEC. And be it further enacted, That no constitution adopted by any of said rebel States shall entitle such State to representation in the Congress of the United States unless it declare that such State shall ever remain a member of the American Union; that every citizen of such State owes permanent allegiance to the United States, and that no law or ordinance of such State in subversion or contravention of the authority of the United States can have any binding force; Mr. Trumbull raised a question of order, viz: That the amendment contains provisions which are excluded by the resolution of the Senate of the 5th instant, limiting the subjects of legislation at the present session. The President pro tempore (Mr. Wade) decided the amendment not in order under the resolution of the Senate of the 5th instant. From this decision of the Chair Mr. Drake appealed to the Senate; and On the question, Shall the decision of the Chair stand as the judgment of the Senate? It was determined in the affirmative; yeas 24, nays 13. [Ibid.] On motion by Mr. Buckalew to further amend the bill by inserting at the end thereof the following as an additional section: SEC. —. And be it further enacted, That in the election of Representatives in Congress from the said States mentioned in the act of 2d March, 1867, each elector shall be entitled to give as many votes as there are Representatives assigned to his State by apportionment of law, and he may give one vote to each of the requisite number of persons to be chosen, or may cumulate his votes and bestow them at his discretion upon one or more candidates less in number than the whole number of Representatives to be chosen from such State. |