On August 29, 1856, the Senate resumed the consideration of a motion by Mr. Hunter that the Senate adhere to its disagreement to the amendment of the House of Repre sentatives to the amendment of the Senate to the bill H. R. 153, and that it adhere to its amendment to the said bill. It was determined in the affirmative yeas 32, nays 6. (J., p. 673.)

In the third session of the same Congress a new bill making appropriations for the support of the Army (H. R. 616) was introduced and passed. (J., pp. 260, 336, 361, 369.)

138. A CONFERENCE HAVING FAILED, EITHER HOUSE MAY TAKE SUCH INDEPENDENT ACTION AS MAY BE NECESSARY TO PASS A BILL.

32d Cong., 2d sess.; J., pp. 280, 281.]

MARCH 3, 1853.

A message from the House of Represetatives, by Mr. Hayes, Chief Clerk: Mr. President: The House of Representatives agree to some and disagree to other amendments of the Senate to bill (H. R. 337) "making appropriations for the civil and diplomatic expenses of Government for the year ending June 30, 1854,” and agree to other amendments of the Senate to the said bill, with amendments; in which they request the concurrence of the Senate.

The Senate proceeded to consider their amendments, amended and disagreed to by the House of Representatives, to the bill (H. R. 337) last mentioned; and

On motion by Mr. Hunter,

Resolved, That the Senate insist on their amendments disagreed to by the House of Representatives, disagree to the amendments of the House to their amendments, and ask a conference on the disagreeing votes of the two Houses.

On motion,

Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and

Mr. Hunter, Mr. Bright, and Mr. Bell were appointed the committee.

A message from the House of Representatives, by Mr. Hayes, Chief Clerk: Mr. President: The House of Representatives insist on their disagreement to certain amendments of the Senate to the bill (H. R. 337) "making appropriations for the civil and diplomatic expenses of Government for the year ending June 30, 1854,” and on their amendments to certain other amendments of the Senate to the said bill, agree to the conference asked by the Senate on the disagreeing votes of the two Houses, and have appointed Mr. Houston, Mr. Stanly, and Mr. Dawson the committee of conference on their part.

[This committee made a report in the Senate, and the Senate agreed thereto. (J., pp. 300, 301.) The House disagreed to the report and asked a second conference, which was granted. (J., pp. 305, 306.)]

Ib.; J., p. 308.]

[SAME DATE.]

Mr. Hunter, from the second committee of conference, on the part of the Senate on the disagreeing votes of the two Houses on the bill (H. R. 337) reported that they had met the conferees on the part of the House of Representatives, and that, after full and free conference, the committees were unable to unite in a recommendation to the two Houses.

Ib.; J., p. 313.]

[SAME DATE.]

A message from the House of Representatives, by Mr. Hayes, Chief Clerk: Mr. President: The House of Representatives agree to the recommendations contained in the report of the first committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 337) "making appropriations for the civil and diplomatic expenses of Government for the year ending June 30, 1854."

[This change of mind on the part of the House passed the bill, the same as though it had agreed in the first instance. (See Cong. Globe, 32d Cong., 2d sess., pp. 1155, 1156, 1157.)]

139. CONFERENCES OVER QUESTIONS OTHER THAN DISAGREEMENTS

ON AMENDMENTS.

The Senate has appointed a committee to act with a similar committee from the House of Representatives in relation to some question of moment.

April 23, 1789, a resolution was agreed to as follows: "That a committee, consisting of three members, be appointed to consider and report what style of titles it will be proper to annex to the offices of President and of Vice President of the United States, if any other than those given in the Constitution. Also, to consider of the time, place, and manner, in which, and the person by whom, the oath prescribed by the Constitution shall be administered to the President; and to confer thereon with such committee as the House of Representatives shall appoint for that purpose."

Committees for the purpose were appointed by both Houses. (1st Cong., 1st sess.; J., pp. 16, 17.)

February 24, 1821, the Senate agreed to a resolution of the House of Representatives "for the appointment of a joint committee to report whether it be or be not expedient to admit Missouri into the Union on an equal footing with the original States, and to provide for the due execution of the laws therein, and, if not, whether any other, and what, provision adapted to her actual condition ought to be made by law." A committee of seven were then appointed to join the committee of twentythree theretofore appointed on the part of the House. (16th Cong., 2d sess.; J., pp. 224, 225.) The committee reported on February 26 a joint resolution providing for the admission of Missouri into the Union, and it subsequently passed both Houses. December 15, 1876, the Senate agreed to the following resolution offered by Mr. Edmunds: "Resolved, That the message of the House of Representatives on the subject of the presidential election be referred to a select committee of some seven Senators, with power to prepare and report without unnecessary delay such a measure, either of a legislative or other character, as may, in their judgment, be best calculated to accomplish the lawful counting of the electoral votes and best disposition of all questions connected therewith, and the due declaration of the result; and that said committee have power to confer and act with the committee of the House of Representatives named in said message, and to report by bill or otherwise." Committees were appointed in both Houses. (44th Cong., 2d sess.; J., p. 52.) It reported by bill (S. 1153) on January 18, 1877, and the bill passed both Houses, and was approved by the President on January 29.

45th Cong., 2d sess.; J., pp. 698, 699.]

JUNE 14, 1878.

A message from the House of Representatives announced the passage of the following resolution:

Resolved, That the House bill (No. 4286) "to establish post routes in the several States therein named," with the Senate amendments thereto, be returned to the Senate, as a part of said amendments are in the nature of and constitute a revenue bill. The Senate proceeded to consider the message, when Mr. Ferry of Michigan submitted the following resolution, which was agreed to:

Resolved, That a committee of conference be appointed to confer with a like committee on the part of the House touching the matters of difference between the two Houses indicated by said House resolution, and invite the House to agree to such conference.

The Presiding Officer (Mr. Ingalls in the chair) appointed Mr. Ferry, Mr. Kirkwood, and Mr. Maxey.

[On the following day the House agreed to the conference, and Messrs. J. G. Cannon, Morrison, and Waddell were named as managers at the same on its part. (J., p. 715.) On June 17 the committee reported it was unable to agree, and asked for a "further committee of conference on the same." A new committee was named. In the

Senate Mr. Paddock was named instead of Mr. Ferry, and in the House Mr. Carlisle took the place of Mr. Morrison. This committee reported on June 18, 1878, as follows: "The committee of conference * have met, and after full and free con

*

ference have been unable to agree touching the matter of difference between the two Houses indicated by said resolution.

"The conferees on the part of the Senate propose to waive the discussion as to the question of privilege at issue between the two Houses, and to take up the House bill with the Senate amendments thereto and consider them for the prupose of making a report upon the several matters embraced therein.

"The conferees on the part of the House decline to agree to this proposition, for the reason that they do not, in their opinion, possess any power under the resolution of the House to consider the bill or amendments without an enlargement thereof." (J., pp. 756, 757.)

[The bill failed.]

140. CONFERENCE HAD, TO DETERMINE PREROGATIVES OF THE HOUSES.

35th Cong., 2d sess.; J., p. 442.]

MARCH 3, 1859.

A message from the House of Representatives by Mr. Allen, its Clerk: Mr. President: The House of Representatives has passed a resolution directing that House bill (No. 872) "making appropriations for the service of the Post Office Department during the fiscal year ending the 30th of June, 1860," with the Senate amendments thereto, be returned to the Senate, as section 13 of said amendments is in the nature of a revenue bill.

[It was held by the House that section 13 of the bill raised the rate of postage.] Ib.; J., p. 458.]

On motion by Mr. Mason,

[SAME DATE.]

The Senate proceeded to consider the above resolution of the House of Representatives.

Mr. Crittenden of Kentucky submitted the following resolution:

Resolved by the Senate of the United States, That the Senate and House, being of right equally competent, each to judge of the propriety and constitutionality of its own action, the Senate has exercised said right in its action on the amendments sent to the House, leaving to the House its right to adopt or reject each of said amendments at its pleasure.

Resolved, That this resolution be communicated to the House of Representatives, and that the bill and amendments aforesaid be transmitted therewith.

The Senate proceeded to consider the resolution, by unanimous consent; and Resolved, That it pass.

[When this message was presented in the House a motion to consider it under a suspension of the rules failed. Straightway Mr. Phelps, from the Committee on Ways and Means (which at that time had jurisdiction of such bills), reported a new appropriation bill for the service of the Post Office Department, which was passed as H. R. 893.

Ib.; J., p. 464.]

[SAME DATE.]

A message was received from the House of Representatives by Mr. Allen, its Clerk: Mr. President: The House of Representatives has passed an act (H. R. 893) making appropriations for the service of the Post Office Department during the fiscal year ending the 30th of June, 1860.

The bill was read the first time; when

The second reading of the bill was objected to by Mr. Toombs.

Mr. Stuart of Michigan submitted the following resolution for consideration: The House of Representatives having, in the opinion of the Senate, departed from the proper parliamentary usages and method of transacting business between the two

Houses, by its action in regard to the bill of the House (H. R. 872) entitled "An act making appropriations for the service of the Post Office Department during the fiscal year ending the 30th of June, 1860:" Therefore

Resolved, That the Senate appoint a committee of conference, to meet a like committee on the part of the House of Representatives, for the purpose of consulting what action ought to be had by the respective Houses respecting the said bill.

The Senate proceeded, by unanimous consent, to consider the said resolution; and the resolution was agreed to.

Ordered, That the committee be appointed by the Vice President; and Mr. Stuart, Mr. Pearce of Maryland, and Mr. Foot were appointed.

Ordered, That the Secretary notify the House of Representatives thereof. [The House agreed to the conference and appointed managers.]

Ib.; J., p. 481.]

[During the last hour of the session

[SAME DATE.]

Mr. Stuart, from the committee of conference appointed to meet a like committee on the part of the House of Representatives for the purpose of consulting as to what action ought to be had by the respective Houses respecting the bill (H. R. 872), reported

That, after full and free conference, they have agreed as follows:

"That while neither House is understood to waive any constitutional right which they may, respectively, consider to belong to them, it be recommended to the House to pass the accompanying bill, and that the Senate concur in the same when it shall be sent to them."

The report of the committee of conference was read.

The bill making appropriations for the service of the Post Office Department during the fiscal year ending the 30th of June, 1860, last received from the House of Representatives for concurrence, was read the first time.

On motion by Mr. Seward, that the bill be read a second time;

The second reading of the bill being objected to as against the rule,

The Vice President decided that, objection being made, the bill could not be read a second time to-day.

A motion was made by Mr. Mason that a message be sent to the House of Representatives informing the House that the Senate, having finished the legislative business before it, is ready to adjourn; and,

During debate thereon, the Vice President announced "that the hour having arrived for the expiration of this Congress," declared the Senate adjourned sine die. [In the House of Representatives the conference report was agreed to; Mr. Letcher introduced the bill referred to as accompanying the report, and the bill passed. The bill failed of passage in the Senate. (See Cong. Globe, 35th Cong., 2d sess., pp. 1634, 1644-1646, 1661-1663, 1674, 1682-1684.)]

24143°-S. Doc. 1123, 62-3 -25

CONSIDERATION.

1. Motion for, must lie over one day if objected to.

2. Not open to amendment.

3. Motion to proceed to the, of a bill can not be laid on the table.

4. Motion to discharge committee from, to lie over one day.

5. When committee is discharged brings bill directly before the Senate. 6. House bill may have, the same day it is received.

1. MOTION FOR, MUST LIE OVER ONE DAY IF OBJECTED TO. 26th Cong., 1st sess.; J., p. 471.]

JULY 3, 1840.

A motion was made by Mr. Clay of Kentucky to suspend the twenty-sixth rule of Senate so far as to let the bill entitled "An act to continue the corporate existence of certain banks in the District of Columbia" to receive its second and third reading to-day (July 3, 1840). The consideration of the motion being objected to.

The President pro tempore (Mr. Wm. R. King) decided that it must lie on the table one day for consideration. From this decision Mr. Clay appealed. Decision affirmed; yeas 24, nays 8. (See Cong. Globe, pp. 504, 505, 506.)

2. NOT OPEN TO AMENDMENT.

40th Cong., 3d sess.; J., p. 125.]

JANUARY 20, 1869.

The President pro tempore (Mr. Wade) decided that a motion to proceed to the consideration of a subject was not open to amendment. On appeal the decision of the Chair was sustained.

Motion to take up a subject can not be amended to substituting another. Mr. Pomeroy moved to take up a bill (S. 256). Mr. Edmunds moved to amend by striking out S. 256 and inserting Resolution S. 66. Mr. Howard raised a question of order that the motion, being a simple proposition to take up a subject, was not open to amendment. The Chair (Mr. Wade) sustained the point of order raised by Mr. Howard. Mr. Edmunds appealed, and the Senate sustained the Chair. (See Cong. Globe, pp. 467, 468, 469.)

[These two decisions carry out the provisions of the third clause of the present Rule VII.]

3. Until the morning business shall have been concluded, and so announced from the Chair, or until the hour of 1 o'clock has arrived, no motion to proceed to the consideration of any bill, resolution, report of a committee, or other subject upon the calendar shall be entertained by the Presiding Officer, unless by unanimous consent; and if such consent be given the motion shall not be subject to amendment, and shall be decided without debate upon the merits of the subject proposed to be taken up. 3. MOTION TO PROCEED TO THE, OF A BILL CAN NOT BE LAID ON THE TABLE.

43d Cong., 2d sess.; J., pp. 270, 271.]

FEBRUARY 15, 1875.

Decided by the Senate, on a question of order, that it was not in order to lay on the table a motion to proceed to the consideration of a subject. Question: "Is the motion in order?" Yeas 25, nays 29. (See Cong. Rec., p. 1277.)