February 16, 17, 1852, the House sent a message to the Senate ask new copy of Senate Resolution 9, "to establish certain post routes nished, "the said resolution having been lost or mislaid since its re the committee." The request was granted. The engrossed copy of S 366 was lost in the House at the same session, and a new certified copy nished. (32d Cong., 1st sess.; J., pp. 209-211.) 66 TH August 14, 1852, the House sent a message to the Senate requestin fied copy of the bill of the Senate (No. 363) appropriating land ser and final satisfaction of Virginia military bounty land warrants; " the bill having been mislaid since it was received from the Senate. complied with the request. (32d Cong., 1st sess.; J., pp. 592, 594.) December 22, 1896, the attention of the House of Representatives w to the fact that a House bill, returned from the Senate with an and referred to the Committee on Invalid Pensions, had been lost. A was sent to the Senate requesting it to furnish the House a copy of it ment to the bill, to replace the original copy which has been lost." quest was complied with. (54th Cong., 2d sess.; J., p. 37.) an 21. MAY BE REPORTED ADVERSELY WITH AMENDMENTS. 60th Cong., 1st sess.; J., p. 350.] APRIL 1, Mr. Foraker, from the Committee on Military Affairs, to whom was the bill (S. 6206) for the relief of certain former members of the Twe Regiment United States Infantry, reported it adversely with amendment Ordered, That it be placed on the Calendar. (See Cong. Record, p. 41 22. GENERAL OBSERVATIONS. On February 27, 1833, it was "Ordered, That, in considering the orders of the day, bills which originate in the Senate be first taken up perusal of the Journal shows that this order was not closely adhered to after. (22d Cong., 2d sess.; J., p. 216.) While there is nothing in the Senate rules so stating, when a bill, res petition, or memorial is introduced “by request," these words are entere the Journal and in the Record. The House of Representatives incorporat provision in one of its rules. (Sec. 4 of Rule XXII.) There is no check whatever upon the privilege of a Senator to int bills. He may introduce one or one thousand, and the number of bills pre in the Senate each Congress is far beyond the ability of the body to co There were passed during the first session of the First Congress, which New York from March 4 to September 29, 1789, twenty-seven bills an joint resolutions. During the first, or long, sessions of recent Congress number of Senate bills passed has exceeded two thousand per session. January 5, 1858, the Senate was considering a bill for the relief of Alex J. Atocha, and Mr. Slidell had just proposed an amendment, when Mr. submitted a resolution to refer the bill, with all accompanying papers, Court of Claims. A question was raised by Mr. Crittenden whether such a resolution w order, and the Vice-President (Mr. Breckinridge) decided it to be in order the resolution was agreed to. (35th Cong., 1st sess.; J., p. 80.) NOTE. By clause 3 of Rule XV it is now provided that "Whenever a private under consideration it shall be in order to move, as a substitute for it, a resolution BILLS REVENUE. 1. Earlier action concerning. 2. House questions Senate's action regarding. 3. Inconsistent amendments to. 4. House resolves upon its rights over. 5. Substitute amendment to, tabled. Section 7 of Article I of the Constitution provides that "all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills." There have been many able discussions and exhaustive reports in both Houses as to the correct interpretation of this clause, and as touching the powers of the Senate to originate or to amend, and especially to amend by a substitute, a bill proposing to raise revenues. The more important of the reports are the following: Senate Report No. 376, 41st Cong., 3d sess.; Senate Report No. 146, 42d Cong., 2d sess.; House Report No. 147, 46th Cong., 3d sess. The right of the Senate to originate private pension bills and bills for the payment of claims has never been questioned. The House of Representatives has always insisted upon the right to originate the great, or general, appropriation bills, and in this claim the Senate has acquiesced, but without yielding the right to originate. In 1833 the compromise tariff bill was introduced in the Senate. by Henry Clay, but as the same bill was passed by the House of Representatives while Mr. Clay's bill was pending in the Senate, the latter was laid on the table and the House bill was passed. When this bill was introduced a point of order was raised against its reception by Mr. Forsyth that it contained a section proposing an increase of duties on certain woolens, and was, therefore, a bill in conflict with the clause of the Constitution above cited. It was introduced with the section retained and the debate and action upon its reception and passage indicate the opinion of that Senate at least that a bill both to increase and reduce duties could origina Senate. Numerous bills have originated in the Senate that sub became laws, and covering the period from 1815 to the pres that give strength to the contention of those who believe th has power to originate revenue measures. In 1856 the Senate instructed the Committee on Finance such of the general appropriation bills as they deemed e The subject was carefully considered at this time and fully by Messrs. Sumner, Seward, Hunter, and Toombs. An ap tion bill was reported, passed, and sent to the House. Th ignored it. In 1871 the House returned to the Senate a bill to repea come tax with the respectful suggestion that the Constitutio in the House of Representatives the sole power to origin measures." A conference was had, but no agreement was rea In 1872 the Senate again sent to the House a money bill stitute for a House bill. The House, after an elaborate di laid the substitute on the table. In 1880 "an act authorizing the Secretary of the Treasury chase additional lots of ground adjoining the new building Bureau of Engraving and Printing," passed by the Senate, ferred to the Committee on the Judiciary in the House. A of the committee reported that the Senate had the right to o such a bill. The report was recommitted by the House. This subject is discussed in the opinion of the justices of preme court of Massachusetts in response to a question from t lature. (126 Mass., 557.) The court were of the opinion t clause of the State constitution confining the origin of "mone to the House of Representatives did not apply to bills for the priation of money. 1. EARLIER ACTION CONCERNING. 21st Cong., 1st sess.; J., pp. 155, 156.] FEBRUARY 25, A bill “to provide for the abolition of unnecessary duties, to relieve th from sixteen millions of taxes," etc., was read the second time and w considered in Committee of the Whole, when the Vice-President (Mr. C expressed a doubt whether it was in order to originate in the Senate a taining provisions of the character of those contained in the third se follows: “That, from and after the first day of January, in the year duty of thirty-three and one-third per cent on the value shall be levie furs and raw hides imported into the United States from countries whi not have secured the continuance of their free admission by granting eq advantages to the like productions of the United States." He submit 21st Cong., 2d sess.; J., p. 135.] FEBRUARY 8, 1831. Agreeably to notice, Mr. Benton asked to bring in a bill to abolish the duty on alum salt. The Vice-President (John C. Calhoun) decided that, inasmuch as a bill is now pending before the Senate "to repeal the duties on certain imported articles," in which salt is included, the motion of the Senator from Missouri was not in order, from which decision Mr. Benton appealed to Senate; and, on motion by Mr. Hayne, Ordered, That the subject be laid upon the table. (Gale & Seaton's Register 7, p. 148.) 34th Cong., 1st sess.; J., p. 10.] DECEMBER 11, 1855. Mr. Broadhead submitted the following resolution for consideration: Resolved, That the Committee on Finance be directed to inquire into the expediency of reporting the appropriation bills for the support of the Government or adopting other measures with a view of obtaining more speedy action on such bills. [This resolution was agreed to on January 7, 1856. See Journal, p. 53.] 34th Cong., 1st sess.; J., p. 82.] FEBRUARY 4, 1856. Mr. Hunter, from the Committee on Finance, reported the following resolution: Resolved, That the Committee on Finance be instructed to prepare and report such of the general appropriation bills as they may deem expedient. [This resolution was agreed to February 7, 1856. See Journal, p. 96; Cong. Globe, pp. 375–381.] 2. HOUSE QUESTIONS SENATE'S ACTION REGARDING. 35th Cong., 2d sess.; J., pp. 442, 458, 464, 473, 481.] MARCH 3, 1859. [The Senate had passed the bill (H. R. 872), the Post-Office appropriation bill, with amendments.] A message from the House of Representatives, by Mr. Allen, its Clerk: “Mr. President: The House of Representatives has passed a resolution directing that H. R. 872, making apppropriations for the service of the Post-Office Department during the fiscal year ending June 30, 1860, with the Senate amendments thereto, be returned to the Senate, as section thirteen of said amendments is in the nature of a revenue bill." On motion by Mr. Mason, the Senate proceeded to consider the resolution of the House of Representatives directing that the House post-office appropriation bill, with Senate amendments, be returned to the Senate, etc. Mr. Crittenden submitted the following resolution: The House of Representatives having communicated to the Senate a 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, 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. Ib., J., pp. 464, 465.] [The House of Representatives notified the Senate it has passed a second Post-Office appropriation bill.] A motion was made by Mr. Toombs to postpone the prior orders a Senate proceed to the consideration of H. R. 893, last received from of Representatives for concurrence; and it was determined in the af The bill (H. R. 893) was read the first time, when the second read bill was objected to by Mr. Toombs. Mr. Stuart submitted the following resolution for consideration : The House of Representatives having, in the opinion of the Senate from the proper parliamentary usages and method of transactin; between the two Houses by its action in regard to the bill of the House Post-Office appropriation bill); therefore, Resolved, That the Senate appoint a committee of conference to m committee on the part of the House of Representatives for the purpo sulting what action ought to be had by the respective Houses respe said bill; which was agreed to. [The House and Senate appointed committee of conference on the J., pp. 464, 465, 473.] Ib., J., pp. 481, 482.] Conference committee reports agreement, and in accordance with t mendation of the committee the House of Representatives passed anot Office apppropriation bill and sent it to the Senate. The report says: "That while neither House is understood to waive any constitution which they may respectively consider to belong to them, it be recomm the House to pass the accompanying bill, and that the Senate concur in when it shall be sent to them." The report was read, but not acted on, and the accompanying bill v first time. The second reading was objected to as against the rules objection was sustained by the Vice-Presdent (Mr. Breckinridge), and failed. Report agreed to in House of Representatives, and the repor noted above passed. (See Cong. Globe, pp. 1621, 1634, 1643-1640 1660-1663.) 3. INCONSISTENT AMENDMENTS TO. 41st Cong., 2d sess.; J., p. 970.] JULY 5, 1 The tax bill under consideration. An amendment was proposed Conkling. Mr. Howe raised a question of order, viz, that the proposed ment, being inconsistent with certain provisions in the bill already dete by the Senate to remain as part of it, was therefore not in order. The dent pro tempore submitted the question of order to the Senate, and the decided the amendment in order; yeas 27, nays 21. (See Cong. Glol 5232-5234.) 4. HOUSE RESOLVES UPON ITS RIGHTS OVER. 41st Cong., 3d sess.; J., p. 25.] DECEMBER 6, 18 Mr. Scott asked and, by unanimous consent, obtained leave to bring in (S. 1083) to repeal so much of the act approved July 14, 1870, entitled "A to reduce internal taxes, and for other purposes," as continues the incom |