DIVISION.

1. Amendments are divisible.

2. A motion to strike out and insert not divisible.

3. A resolution with clause for instructions can only be divided by an order, or vote of the Senate.

4. The question of third reading or passage of a bill having a preamble may be divided.

5. While counting the Senate on call for division, no motion is in order.

1. AMENDMENTS ARE DIVISIBLE.

16th Cong., 1st sess.; J., pp. 185, 189, 190.]

FEBRUARY 25, 26, 28, 1820.

On the question to recede from amendments made by the Senate to a bill of the House, it was decided, upon a question of order, that the amendments were divisible; and, being divided

On the question to recede from the first branch of the amendment, determined in negative.

On the question to recede from the second branch, determined in negative.

The question was then put upon insisting upon each division of the amendment separately, and each branch was insisted upon by a separate vote. (Annals, pp. 453, 455, 457.)

The Senate makes amendments to a bill of the House; the House disagrees; a motion is made in Senate to recede. Decided upon a question of order that the amendments are divisible. Question put upon each amendment, and determined in negative. Question then put upon insisting upon each amendment separately, and determined in the affirmative. (Annals, pp. 453, 455, 457.)

24th Cong.. 2d sess.; J., p. 204.]

FEBRUARY 4, 1837.

Two resolutions are reported from a committee, a division is called for and agreed to by separate votes. (G. & S. Deb., vol. 13, part 1, pp. 698, 701.)

35th Cong., 2d sess.; J., p. 316.]

FEBRUARY 14, 1859.

A motion is made to commit with certain instructions; a division of the question is demanded, and being put on the first branch, which was simply to commit, was rejected. Held, that the second branch of the motion fell with the rejection of the first. (See Cong. Globe, p. 1019, and Appendix, pp. 128-148.)

35th Cong., 2d sess.; J., p. 455.]

MARCH 3, 1859.

On a motion to simply insert words, a division may be called for. (See Cong. Globe, p. 1632.)

44th Cong., 1st sess.; J., pp. 91–99.]

JANUARY 10, 12, 1876.

A series of resolutions is offered; a division of the question is called for; the question is put upon each resolution separately and all agreed to, except the last of the series, which is laid on the table. (Senate Journal, 2d sess., 25th Cong., pp. 83, 106, 117, 118, 136.) See also where a motion to postpone indefinitely the third of a series of resolutions after agreement to two of them, and the fourth withdrawn, was not questioned as affecting either the resolutions agreed to or the one withdrawn. (See Cong. Record, pp. 316, 360–373.)

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2. A MOTION TO STRIKE OUT AND INSERT NOT DIVISIBLE. 62d Cong., 3d sess.; J., p. 134.]

(Calendar day) JANUARY 30, 1913.

THE PRESIDENTIAL TERM.

(Legislative day) FEBRUARY 1, 1918.

The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. J. Res. 78) proposing an amendment to the Constitution of the United States.

The question being on the amendment reported from the Committee on the Judiciary,

On motion by Mr. Hitchcock, to amend the reported amendment by striking out of the part proposed to be inserted on page 2, lines 8 to 9, the words as follows: "under the Constitution and laws made in pursuance thereof" and to insert in lieu thereof the following:

The executive power shall be vested in a President of the United States of America. The term of the office of President after March third, nineteen hundred and seventeen, shall be six years, and no person elected for six years after the adoption of this amendment shall be eligible again to hold the office by election.

Mr. Sutherland demanded a division of the question; and

Mr. Lodge raised a question of order, viz: That the amendment proposed is a proposition to strike out and insert, and is therefore not divisible under Rule XVIII. The President pro tempore (Mr. Gallinger) sustained the point of order. (See Cong. Record, pp. 2401, 2415, 2416, 2417.)

3. A RESOLUTION WITH CLAUSE FOR INSTRUCTIONS CAN ONLY BE DIVIDED BY AN ORDER OR VOTE OF THE SENATE.

42d Cong., 1st sess.; J., p. 111.]

APRIL 6, 1871. A resolution to admit two Senators elect (George Goldthwaite and Foster Blodgett) from the States of Alabama and Georgia, with instructions to the committee to make further inquiry into their rights to their seats, respectively, Mr. Thurman calls for a division of the question so that the vote be taken separately upon each claimant. The Chair (Colfax) rules that the division of the question called for could only be allowed by an order or vote of the Senate; that the resolution (containing two distinct propositions: First, to admit the claimants; second, to instruct the committee) could only be divided under the rule as to one or the other of these, either of which would, upon the rejection of the other, stand alone; and that the object of the proposed division could only be reached by way of an amendment. (See Cong. Globe, pp. 494, 495.)

4. THE QUESTION OF THIRD READING OR PASSAGE OF A BILL HAVING A PREAMBLE MAY BE DIVIDED.

44th Cong., 1st sess.; J., p. 192.]

FEBRUARY 11, 1876.

The question of third reading or passage of a bill having a preamble may be divided so as to take either question first on the third reading of the bill, and then on the third reading of the preamble, and the same on the passage of the bill. (See Cong. Record, pp. 1037, 1038.)

5. WHILE COUNTING THE SENATE ON CALL FOR DIVISION, NO MOTION IS IN ORDER.

44th Cong., 1st sess.; J.,

p. 817.]

AUGUST 10, 1876.

While the Chair is counting the Senate on a call for a division, no motion is in order. (See Cong. Record, p. 5418.)

ELECTORAL COMMISSION.

44th Cong., 2d sess.; J., pp. 347, 348.]

FEBRUARY 28, 1877.

The Senate, by a vote of 18 yeas to 43 nays, decided it was not competent to receive testimony to sustain objections to counting the electoral vote of South Carolina. (See Cong. Record, pp. 1993, 1994.)

ENGROSSMENT.

33d Cong., 1st sess.; J., p. 608.]

JULY 31, 1854.

Civil and diplomatic appropriation bill having passed July 27, 1854, and some of the Senate amendments to said bill having been omitted in the engrossment, the Secretary was directed to inform the House of Representatives that certain amendments made in the Senate were accidently omitted in engrossing. (See Cong. Globe, p. 2023.) 43d Cong., 2d sess.; J., pp. 372-373.]

MARCH 1, 1875.

A resolution was received from House of Representatives: Resolved (the Senate concurring), That the engrossing clerk be instructed to correct a clerical error in the report of the conference committee on the bill H. R. 2093 by transferring the first amendment proposed to section 2 from after the words "wounds received in action," in the fourteenth line, so that it will come after the words "wounds received in battle," in the eighteenth line, which was agreed to. (See Cong. Record, p. 1990.)

419

ENROLLMENT.

42d Cong.. 2d sess.; J., p. 185.]

FEBRUARY 1, 1872.

Authorized Joint Committee on Enrolled Bills in examining an enrolled bill (apportionment bill) to correct a "clerical error" discovered in a bill after it had passed both Houses and before enrollment. This was done by a concurrent resolution of the two Houses. (See Cong. Globe, p. 755.)

45th Cong., 3d sess.; J., p. 470.]

MARCH 3, 1879.

Concurrent resolution of House of Representatives to correct enrollment of Post Office appropriation bill received by Senate. (See Cong. Record, p. 2315.)

46th Cong., 3d sess.; J., p. 367.]

MARCH 2, 1881.

No action was taken on this concurrent resolution in the Senate. A further conference was had and the errors corrected in second report.

Concurrent resolution received from the House of Representatives to correct enrollment of the river and harbor appropriation bill passed Senate same day (p. 369). (See Cong. Record, p. 2353.)

MARCH 2, 1889.

50th Cong., 2d sess.; J., p. 535.] Concurrent resolution of the House of Representatives to correct enrollment of general deficiency appropriation bill agreed to. (See Cong. Record, pp. 2638, 2639.) NOTE. It has been the practice in both Houses of Congress to pass concurrent resolutions authorizing the enrolling clerks to correct errors in the enrollment of bills and bills from conference reports.

420

EXECUTIVE BUSINESS. See EXECUTIVE SESSIONS.

EXECUTIVE SESSIONS.

1. Rules for removal of injunction of secrecy from proceedings in.

2. Injunction of secrecy not having been removed from certain hearings in, the matter could not be discussed in open legislative session and was out of order.

3. Various rulings regarding.

4. Treaties in.

5. Notwithstanding a unanimous-consent agreement, a motion to adjourn or to proceed to the consideration of, would be in order.

6. Same procedure in, as in open executive session.

7. Secret legislative sessions.

1. RULES FOR REMOVAL OF INJUNCTION OF SECRECY FROM PROCEEDINGS IN.

32d Cong., 2d sess.; App., J., pp. 369-372.]

MARCH 4, 1853.

Mr. Hayne, from the select committee appointed to take into consideration the rules in relation to the confidential proceedings of the Senate in its executive capacity, submitted a full and comprehensive report in the session specially called Friday, March 4, 1853, at the close of the Thirty-second Congress, and in conclusion recommended the following:

1. That all motions for the removal of the injunction of secrecy shall hereafter be submitted in writing.

2. That, under a resolution to remove the injunction of secrecy from the journal of the proceedings, nothing shall be made public except what may appear upon the Journal,

3. That a resolution to remove the injunction from all the proceedings shall be construed to permit the publication of everything except remarks touching the character and qualification of individuals. Under such a resolution, the speeches of Senators, which may, under the existing rules, be required to be kept secret, and not relating to the character of individuals, may be published.

4. That a resolution to remove the injunction of secrecy, so as to permit the publication of the remarks of individuals "touching the character, conduct, or qualification of individuals," must declare that object in positive and express terms. Laid on the able May 29, 1830. (See Executive Journal, vol. 4, p. 85.)

56th Cong., 1st sess., J., p. 131.]

FEBRUARY 8, 1890.

During the consideration of executive business the following resolution was considered and agreed to:

Resolved, That whenever the injunction of secrecy shall be removed from any part of the proceedings of the Senate in executive session, or secret legislative session, the order of the Senate removing the same shall be entered by the Secretary in the Legisative Journal as well as in the Executive Journal, and shall be published in the Record.