In legislative bodies in more modern days the motion to adjourn may not be entertained while a Member has the floor, unless the Member yields for that purpose; while the yeas and nays are being called, or a vote is being taken. In the British House of Commons, in its earlier years, the motion to adjourn was frequently used as a means for delay. Hatsell records (vol. 2, p. 109) numerous instances where a motion to adjourn was made and put in the midst of debate on another question.

The practice has generally been that a motion to adjourn may not be entertained if it immediately follows a similar motion determined in the negative. The Senate, however, has not always followed this (See J., 32d Cong., 2d sess., p. 265.)

course.

1. AMENDING MOTIONS FOR.

A motion simply to adjourn can not be amended. (See introduction above.) The instances are too numerous to cite where the Senate has amended motions or resolutions fixing a day certain to which adjournment shall be taken. Concurrent resolutions proposing adjournments over the Christmas holidays have most frequently been amended. Resolutions of this character, fixing the time for the final adjournment of a session of Congress, have sometimes been amended, reconsidered, and amended again; and then, after having been agreed to in both Houses, a concurrent resolution has been necessarily resorted to for further extending the time of the session. (See J., 35th Cong., 1st sess., pp. 536, 617, 633; also J., 37th Cong., 2d sess., pp. 385, 470, 569, 662, 739, 819, 831, 846, 849, 869.)

2. ADJOURNMENT SINE DIE.

MARCH 3, 1839.

On the closing day of the third session of the Twenty-fifth Congress, March 3, 1839, the question was raised whether the Senate could adjourn sine die when a quorum was not present. The President pro tempore (William R. King) decided that a minority could adjourn the session sine die. The Journal of the above date makes no record of the motion or decision. (See Cong. Globe, 25th Cong., 3d sess., p. 233.)

36th Cong., 2d sess., J., pp. 430, 431.]

MARCH 27, 1861.

Numerous votes disclosed the absence of a quorum and, after several motions to adjourn had been made and determined in the negative,

On motion by Mr. Breckinridge, that the Senate adjourn sine die,

A point of order was raised by Mr. Trumbull, to wit: That, in the absence of a quorum of the Senate, no motion to adjourn, except from day to day, could be entertained, and that the motion to adjourn sine die was not in order.

The President (Mr. Foster in the chair) decided that the motion to adjourn sine die, in the absence of a quorum, was not in order.

An appeal was taken from this decision, but was not acted upon. The Chair also decided that a simple motion to adjourn took precedence of a motion to adjourn sine die. (See Cong. Globe, 36th Cong., 2d sess., pp. 1518, 1519.)

When the hour arrives that has been previously fixed by concurrent resolution for the two Houses to adjourn, the Presiding Officer of the Senate declares the Senate adjourned sine die. (34th Cong., 1st and 2d sess., J., pp. 652, 680.)

The Journal of the last day of a session that has adjourned sine die is not read on the first day of the session succeeding. The same practice is followed in the House of Representatives. (See House J., 44th Cong., 2d sess., pp. 18-22; Cong. Record for same session, pp. 13, 14.)

3. FINAL, OF A CONGRESS, DETERMINED.

31st Cong., 2d sess.; J., pp. 251, 261.]

MARCH 3, 1851.

(At one of the all-night sessions of the Senate and shortly after midnight)— Mr. Mason expressed a doubt whether the term for which he had been chosen had not expired; and desired, if he continued to act, to be qualified as a Senator for the ensuing term.

Whereupon, Mr. Douglas submitted the following resolution:

Resolved, That inasmuch as the second session of the Thirty-first Congress does not expire under the Constitution until 12 o'clock on the 4th of March instant, the honorable James M. Mason, a Senator-elect from the State of Virginia, is not entitled to take the oath of office at this time, to wit, on the 4th of March at 1 o'clock a. m.; and,

On the question to agree thereto, it was determined in the affirmative, yeas 27, nays 11.

[After the transaction of considerable business and after debate.]

Mr. Yulee submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That, in the opinion of the Senate, the present Congress does not expire, by constitutional limitation, until meridian of the 4th of March. (See Cong. Globe, 31st Cong., 2d sess., pp. 784, 818-820.)

4. MOTION FOR, PENDING EXECUTION OF AN ORDER.

32d Cong., 2d sess.; J., pp. 265, 266.]

MARCH 1, 1853.

It appearing that the number of Members present was not sufficient to constitute a quorum, on motion by Mr. Bright,

Ordered, That the Sergeant at Arms be directed to request the attendance of absent Members. Before the Sergeant at Arms had made return, three motions were made, the Journal indicating no intervening business, that the Senate adjourn, and each was determined in the negative.

While the Sergeant at Arms was executing the order of the Senate, at 35 minutes past 1 o'clock a. m., a motion was made by Mr. Fitzpatrick that the Senate adjourn, and it was determined in the affirmative; yeas 14, nays 12.

Ib., pp. 351, 352.]

MARCH 24, 1853.

After several unsuccessful attempts to adjourn simply, and to adjourn to a day certain, the votes, in each instance, disclosing the want of a quorum, it was

Ordered, That the President pro tempore direct the Sergeant at Arms to request the attendance of absent Senators.

On motion by Mr. Weller that the Senate adjourn, it was determined in the negative. On motion by Mr. Pettit that when the Senate adjourn it be to Monday next, a question was raised by Mr. Mason whether the motion was in order; and the President pro tempore (Mr. Atchison) decided the motion was in order.

From this decision Mr. Mason appealed, and the question being put: "Is the decision of the Chair correct?" it was determined in the affirmative.

On motion by Mr. Hunter that the Senate adjourn, it was determined in the negative. The question recurring on agreeing to the motion made by Mr. Pettit, that when the Senate adjourn it be to Monday next, it was determined in the negative.

On motion by Mr. Badger that the Senate adjourn, it was determined in the affirma

tive; yeas 14, nays 12.

So the Senate adjourned.

5. MOTION FOR, OVER SUNDAY, MAY NOT BE MADE IN MORNING HOUR.

35th Cong., 2d sess.; J., p. 136.]

JANUARY 14, 1859.

(During the morning hour, and prior to the order of "Presentation of Petitions," and before the reading of the Journal),

Mr. Hale moved that when the Senate adjourn it be to Monday next; and, The Vice President (Mr. Breckinridge) decided that the motion was not now in order. 6. MOTION FOR, WHEN ANOTHER MATTER IS PENDING. 35th Cong., 2d sess.; J., pp. 145, 146.]

JANUARY 14, 1859.

The Senate had under consideration the bill (S. 65) "to authorize the President of the United States to contract for the transportation of the mails, troops, seamen, munitions of war, Army and Navy supplies, and all other Government service, by railroad, from the Missouri River to San Francisco, in the State of California."

After numerous ineffectual attempts to postpone its further consideration, and to adjourn, Mr. Johnson, of Arkansas, moved that when the Senate adjourn it be to Monday next,

The President (Mr. Stuart in the chair) decided that this motion was not in order while another matter is pending.

From this decision Mr. Johnson, of Arkansas, appealed.

On the question, "Shall the decision of the Chair stand as the judgment of the Senate?" it was determined in the affirmative. (See Cong. Globe, 35th Cong., 2d sess., pp. 370, 382, 384.)

36th Cong., 1st sess.; J., p. 469.]

MAY 16, 1860.

The Senate resumed the consideration of the unfinished business, the resolutions submitted by Mr. Davis in relation to the questions of slavery and the rights of property in the Territories of the United States; and, pending debate,

Mr. Hale submitted a motion, that when the Senate adjourn, it be to meet to-morrow, at 2 o'clock, being made pending another subject; and, the motion being objected to as not in order,

The President (Mr. Foot in chair) decided that the motion was in order.

7. SUCCESSIVE ADJOURNMENTS IN ONE MOTION. 36th Cong., 1st sess.; J., pp. 410, 411.]

APRIL 18, 1860.

On motion by Mr. Slidell, to postpone the special order, and that the Senate proceed to the consideration of the motion submitted by him yesterday, to provide for certain stated adjournments of the Senate, it was determined in the affirmative; and the Senate proceeded to consider the said motion; and having been modified on the motion of Mr. Slidell,

After debate, on the question to agree to the motion, it was determined in the affirmative; yeas 26, nays 22.

So it was

Ordered, That when the Senate adjourns on Thursday next, it be to meet on Monday next; that when the Senate adjourns on that day, it be to meet on the following Thursday; and that when the Senate adjourns on that day, it be to meet on the following Monday, the 30th instant.

40th Cong., 2d sess.; J., p. 788.]

OCTOBER 15, 1868.

The following message was received from the House of Representatives, by Mr. McPherson, its clerk:

Mr. President: The House of Representatives has passed the following resolution, in which it requests the concurrence of the Senate:

Resolved, That the President of the Senate and the Speaker of the House of Representatives do adjourn their respective Houses until 12 o'clock noon of the 16th day

of October, 1868, and that they then, unless otherwise ordered by the two Houses, further adjourn their respective Houses until the 10th day of November, 1868, at 12 o'clock noon; and that they then, unless otherwise ordered, further adjourn their respective Houses to the first Monday of December, 1868, at 12 o'clock noon.

The Senate proceeded to consider the resolution this day received from the House of Representatives for concurrence respecting the adjournment of the two Houses of Congress; and,

On the question to agree thereto,

It was determined in the affirmative.

NOTE. From the first of the above references it is clearly evident the Senate does not take Sunday into account in an adjournment for "more than one and less than three days," and this has been the uniform practice in the body.

8. OF BOTH HOUSES TO DAY CERTAIN, WITH PROVISO. 40th Cong., 1st sess.; J., pp. 121,123.]

MARCH 29, 1867.

The Senate, by a vote of 28 yeas to 12 nays, agreed to the following resolution: "Resolved by the House of Representatives (the Senate concurring), That the President of the Senate and the Speaker of the House of Representatives are hereby directed to adjourn their respective Houses on Saturday, March 30, 1867, at 12 o'clock meridian, to the first Wednesday of July, 1867, at noon, when the roll of each House shall be immediately called, and immediately thereafter the presiding officer of each House shall cause the presiding officer of the other to be informed whether or not a quorum of its body has appeared; and thereupon, if a quorum of the two Houses, respectively, shall not have appeared upon such call of the rolls, the President of the Senate and the Speaker of the House of Representatives shall immediately adjourn their respective Houses without day."

The House of Representatives concurred on March 30. (See Cong. Globe, 40th Cong., 1st sess., pp. 454, 589, 590.)

The Journal record of the opening of the session of Wednesday, July 3, 1867, is as follows:

Pursuant to the resolution under which the two Houses of Congress adjourned on the 30th of March last, the Senate assembled in their Chamber at the city of Washington at 12 o'clock m.

The Hon. Benjamin F. Wade, president pro tempore, resumed the chair; and, the roll having been called, as required by said resolution, the following Senators answered to their names:

[The names are omitted.]

The number of Senators answering to their names constituting a quorum of the Senate,

Ordered, That the Secretary notify the House of Representatives accordingly: A message from the House of Representatives, by Mr. McPherson, its clerk: Mr. President: The Speaker having caused the roll of Members to be called, as provided for in the concurrent resolution of the two Houses of Congress of the 29th of March last, it appears that a quorum of the House of Representatives is present, (40th Cong., 1st sess. and special sess.; J., vol. 61, p. 131.)

9. MOTION TO DETERMINE MATTER BEFORE, NOT IN ORDER. 41st Cong., 2d sess.; J., p. 450.J APRIL 4, 1870.

Mr. Chandler submitted the following resolution for consideration: Resolved, That upon the resumption of the consideration of the Georgia bill there shall be neither adjournment nor recess until the final vote is taken.

The resolution was considered and passed over on April 7 (p. 466), and on April 14 it was again considered; when, on motion by Mr. Trumbull to amend the resolution by inserting at the end thereof the words unless otherwise ordered, and pending debate thereon.

Mr. Edmunds raised a question of order, viz: That the resolution was in effect a proposition to suspend a portion of a rule of the Senate; and that inasmuch as the part of the rule proposed to be suspended was not specified in the resolution, as required by the fifty-third rule of the Senate, the resolution was not in order.

Ordered, That the further consideration be postponed to to-morrow (p. 492).

The Senate determined that the resolution was not in order. (See Cong. Globe 41st Cong., 2d sess., pp. 2386, 2669, 2670.)

10. ON MOTION FOR, NO QUORUM VOTING.

46th Cong., 1st sess.; J., p. 229.]

JUNE 18, 1879.

The Senate having under consideration the bill (H. R. 2175) "making appropriations for the support of the Army,” a vote having been taken on a motion to adjourn (the number of Senators voting not constituting a quorum), before the announcement of the result of the vote Mr. Eaton called attention to the fact that there were Senators present in the Chamber and not voting, and named "Mr. Blaine," and asked that he be required to assign his reasons therefor.

Mr. Conkling raised the question of order that as on the previous vote no quorum had voted, no motion was in order except a motion to adjourn. The Presiding Officer having overruled the question of order from the decision of the Chair, Mr. Conkling appealed to the Senate. On motion by Mr. Whyte that the appeal lie on the table, the yeas were 26 and the nays 0. (See Cong. Record, 46th Cong., 1st sess., p. 2127.) 11. ON TIE VOTE TO ADJOURN OVER, VICE PRESIDENT VOTES. 52d Cong., 2d sess.; J., p. 24.] DECEMBER 15, 1892.

On motion by Mr. Cameron that when the Senate adjourn it be to Monday next, the yeas were 27 and the nays were 27.

The Senate being equally divided, the Vice President (Mr. Morton) voted in the affirmative.

So the motion was agreed to.

12. RESOLUTION FOR FINAL, IS PRIVILEGED.

55th Cong., 1st sess.; J., p. 176.]

JULY 24, 1897.

The Vice President (Mr. Hobart) laid before the Senate, for its consideration, the resolution of the House of Representatives providing for the final adjournment of the two Houses of Congress at 9 o'clock p. m. this day; when,

Mr. Morgan objected to the consideration of the resolution and raised a point of order, viz, that objection having been made, the resolution, under clause 5, Rule 14, must lie over one day for consideration.

The Vice President overruled the question of order and decided that the resolution which provided for an adjournment of Congress was a question of privilege, and that the provision of Rule 14 was not applicable thereto.

From the decision of the Chair Mr. Allen appealed to the Senate; when, on motion by Mr. Aldrich that the appeal lie on the table, it was determined in the affirmative; yeas 36, nays 20. So the appeal was laid on the table. (See Cong. Record, 55th Cong., 1st sess., pp. 2940-2947.)

13. PRESIDENT NEED NOT SIGN CONCURRENT RESOLUTION FOR. Clause 3, section 7, of Article I of the Constitution reads: "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,"

etc.

14. WHEN BUSINESS IS CARRIED OVER ON.

Upon the adjournment of the first or any subsequent session of a Congress, the business of the Senate undisposed of is carried over to the next succeeding session of that