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.

6. Reading of the, may not be interrupted by making the point of order that no quorum is present.

1. PROVISIONS IN CONSTITUTION AND RULES PROVIDING FOR.

Article I, section 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. On January 3, 1837, Mr. Benton introduced resolutions declaring the resolve to be "irregularly, illegally, and unconstitutionally adopted by the Senate in violation of the rights

of defense which belong to every citizen, and in subversion of the fundamental principles of law and justice; because President Jackson was thereby adjudged and pronounced to be guilty of an impeachable offense," etc. (The last resolve asked that the recorded resolve of date, March 28, 1834, might be expunged from the Journal in the presence of the Senate.)

On the 16th of January, following, the Senate considered the resolutions, modified them by striking out a few of the harsher phrases, and, by a vote of 24 to 19, agreed to them; whereupon, "the Secretary of the Senate did, in compliance therewith, bring the manuscript Journal of the session 1833-34 into the Senate, and did in the presence of the Senate, draw black lines around the said resolve, and write across the face thereof, in strong letters, the words 'Expunged by order of the Senate this 16th day of January, in the year of our Lord 1837.'" (See Cong. Globe, pp. 68, 98, 99.) 4. CORRECTING.

36th Cong., 2d sess.; J., p. 132.]

JANUARY 22, 1861.

Mr. Benjamin submitted the following motion: Ordered, That the Journal of the proceedings of the Senate be so corrected as to record the fact that the Senators from the States of Florida and Alabama, and the Hon. Jefferson Davis, Senator of the State of Mississippi, made announcement that the said States of Florida, Alabama, and Mississippi had seceded from the Union, had resumed the powers delegated by the said several States to the United States of America, and that they, the said Senators, considered themselves by reason of said action of said States as bieng no longer entitled to retain their seats as Senators, and accordingly thereupon withdrew 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 after the word "Ordered," and in lieu thereof inserting:

That Jefferson Davis, of Mississippi, Stephen R. Mallory, and David L. Yulee, of Florida, C. C. Clay and Benjamin Fitzpatrick, of Alabama, having announced to the Senate their withdrawal from the same: Ordered, That their names be stricken from the list of Senators, and the Secretary directed no longer to call the same.

After the debate,

On motion by Mr. Seward, that the motion of Mr. Benjamin, and the proposed amendment, lie on the table,

Mr. Benjamin raised a question of order, to wit: Whether it was in order to move to lay upon the table a motion to correct the Journal of the Senate 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. Globe, pp. 501-505.)

51st Cong., 2d sess.; J., p. 89.]

JANUARY 22, 1891.

On motion by Mr. Aldrich, that the Senate proceed to the consideration of the resolution submitted by him December 29, 1890, to amend the rules so as to provide a limitation of debate under certain conditions, and for that purpose to modify Rules 7, 8, 9, 10, 12, 19, 22, 27, 28, 35, and 40, Mr. Harris raised a question of order, viz, that the unfinished business was the motion of Mr. Gorman to correct the Journal of the day before yesterday, it being a question of the highest privilege, and under Rule 3 to be proceeded with until it is concluded.

The Vice President (Mr. Morton) overruled the question of order, and stated that he did not find any rule bearing upon the question of amending or approving any other Journal than that of the preceding day, and was therefore of the opinion that the mo tion made by the Senator from Rhode Island was in order, the morning hour having expired.

From the decision of the chair Mr. Harris 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 35, nays, 30.

So the decision of the Chair was sustained. (See Cong. Record, pp. 1654, 1663, 1664.) 53d Cong., 1st sess.; J., pp. 74, 75-76.]

OCTOBER 16, 17, (18) 1893.
MONDAY, October 16, 1893.

Mr. Dolph submitted an order that names of Senators All en 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 nature of a resolution, and came within the terms of the rule which requires that 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 OF THE.

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.)

6. READING OF THE, MAY NOT BE INTERRUPTED BY MAKING THE POINT OF ORDER THAT NO QUORUM IS PRESENT. 61st Cong., 2d sess.]

APRIL 22, 1910. The VICE PRESIDENT (Mr. Sherman). The Secretary will read the Journal of yesterday's proceedings.

The Secretary proceeded to read the Journal of yesterday's proceedings, and was interrupted by

Mr. BACON. Mr. President, I rise to a point of order. On yesterday the Senate by a very large majority voted to meet at 11 o'clock to-day. By actual count in the Senate there are 21 Senators now present. I make the point of order that there is no quorum present.

Mr. LA FOLLETTE. It might be added that those who were most active in securing this early hour of meeting are not now present.

Mr. BACON. They are now absent, and probably will be during a large part of the day.

The VICE PRESIDENT (Mr. Sherman). The Secretary must conclude the reading of the Journal. The point can be raised before the Journal is approved, of course, but the rule provides

Mr. BACON. If the Chair will pardon me and hear the suggestion, I respectfully suggest that it is important that those who are to pass upon the question of the correctness of the Journal should be present when it is read, and that nothing can be done in the absence of a quorum, it makes no difference what the action is. There is no legal action by the Senate when there is not a quorum present.

The VICE PRESIDENT (Mr. Sherman). The rules provide that nothing can interrupt the reading of the Journal when it has once been begun. The point of no quorum can not be raised before the reading of the Journal is concluded. The Chair thinks that the reading of the Journal, after it has been commenced, must be concluded, except by unanimous consent.

Mr. BACON. I, of course, will have to bow to the decision of the Chair, but I trust that will not be taken as a final ruling, so as to constitute a precedent. I am thoroughly satisfied to the contrary.

The VICE PRESIDENT (Mr. Sherman). Does the Chair understand the Senator from Georgia to request unanimous consent to dispense with the further reading of the Journal?

Mr. BACON. I can not consistently do that, because I do not think anything can be done; I do not think any unanimous consent can be given in the absence of a quorum.

The VICE PRESIDENT (Mr. Sherman). The rule expressly provides that nothing shall interrupt the reading of the Journal.

Mr. BACON. There is another rule which provides that whenever the fact is brought to the attention of the Senate that no quorum is present, nothing must be done until the presence of a quorum has been ascertained.

The VICE PRESIDENT (Mr. Sherman). But the Chair thinks that under the former rule that can not be brought to the attention of the Chair while the Journal is being read.

Mr. BACON. I do not think I can even appeal in the absence of a quorum.

The VICE PRESIDENT (Mr. Sherman). It is a matter of little consequence, except that the Chair wants to obey the rules of the Senate. That is the only thought the Chair has in mind.

Mr. BACON. It is for that reason that I do not ask for unanimous consent and I do not appeal, because I do not think either proceeding would be in order.

The VICE PRESIDENT (Mr. Sherman). The Chair, then, will direct the Secretary to finish the reading of the Journal, but before action thereon he will at once have the roll called.

Mr. BACON. Suppose, then, a Senator who is not present desires to know whether the Journal is correct, would it be read again for his benefit?

The VICE PRESIDENT (Mr. Sherman). Only by unanimous consent.

Mr. BURROWS. Mr. President, let me suggest to the Senator that Rule III provides: "The reading of the Journal shall not be suspended except by unanimous consent."

Mr. BACON. But there is a rule, and the fundamental rule of all parliamentary law is, that there must be a quorum present to do any business.

Mr. BURROWS. If the Senator will allow me, the same rule provides:

"The presiding officer having taken the chair, and a quorum being present, the Journal of the preceding day shall be read."

Mr. BACON. "A quorum being present." A quorum is not present.