and in the House Mr. Carlisle took the place of Mr. Morrison. This co reported on June 18, 1878, as follows:

"The committee of conference * * * have met, and after full and f ference have been unable to agree touching the matter of difference betv two Houses indicated by said resolution.

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

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

[The bill failed.]

137. CONFERENCE HAD, TO DETERMINE PREROGATIVES OF HOUSES.

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

MARCH 3. 18

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

[It was held by the House that section 13 of the bill raised the ra postage.]

Ib.; J., p. 458.]

On motion by Mr. Mason,

[Same da

The Senate proceeded to consider the above resolution of the House of R sentatives.

Mr. Crittenden, of Kentucky, submitted the following resolution:

Resolved by the Senate of the United States, That the Senate and House ing of right equally competent, each to judge of the propriety and cons tionality of its own action, the Senate has exercised said right in its actio the amendments sent to the House, leaving to the House its right to adop reject each of said amendments at its pleasure.

Resolved, That this resolution be communicated to the House of Represe tives, and that the bill and amendments aforesaid be transmitted therewith The Senate proceeded to consider the resolution, by unanimous consent; Resolved, That it pass.

[When this message was presented in the House a motion to conside under a suspension of the rules failed. Straightway Mr. Phelps, from the C mittee on Ways and Means (which at that time had jurisdiction of such bil reported a new appropriation bill for the service of the Post-Office Departm 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, Clerk:

Mr. President: The House of Representatives has passed an act (H. R. 89 making appropriations for the service of the Post-Office Department during t

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.)]

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, 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" 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 by 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.

MOTION TO PROCEED TO THE, OF A BILL CAN NOT BE LAID ON THE TABLE.

3d Cong., 2d sess.; J., pp. 270, 271.]

FEBRUARY 15, 1875.

ecided by the Senate, on a question of order, that it was not in order to

on the table a motion to proceed to the consideration of a subject. stion: Is the motion in order?' Yeas 25, nays 29. (See Cong. Rec., 277.)

MOTION TO DISCHARGE A COMMITTEE FROM, TO LIE OVER ONE DAY.

DECEMBER 20, 1872.

2d Cong., 3d sess.; J., p. 98.] motion to discharge a committee from the consideration of a subject must treated as a resolution under the twenty-sixth rule, and lie over one day consideration. The question, "Is it in order to consider the motion to harge a committee on day it was submitted?" was decided by Senate; s 22, nays 23. (See Cong. Globe, pp. 322–327.)

WHEN COMMITTEE IS DISCHARGED BRINGS THE BILL DIRECTLY BEFORE THE SENATE.

1st Cong., 2d sess.; J., p. 425.]

MARCH 29, 1870.

When a committee is discharged by a vote of the Senate from the coneration of a bill, the bill is thereby brought directly before the Senate I may be proceeded with. (See Cong. Globe, p. 2271.)

HOUSE BILL MAY HAVE, THE SAME DAY IT IS RECEIVED. 15th Cong., 2d sess.; J., pp. 774, 775.]

JUNE 19, 1878.

On motion by Mr. Voorhees that the Senate proceed to the consideration of I to authorize the payment of customs duties in legal-tender notes, this y received from the House of Representatives, Mr. Conkling raised a point order, viz, that the bill, having been this day received from the House, ld not, under the eighth rule (now Rule VII), unless by unanimous consent, presented to the Senate for its consideration until the call of the regular siness of the morning hour to-morrow.

The President pro tempore decided that it was competent for the Senate to teremine whether it could proceed to the consideration of the bill on this y. From this decision Mr. Conkling appealed to the Senate, and on the estion, Shall the decision of the Chair stand as the judgment of the Sen? it was determined in the affirmative; yeas 33, nays 12. (See Cong. Rec., . 4848, 4851.)

CONSTITUTIONAL AMENDMENTS.

1. Two-thirds vote not required on any question of amendments to. 2. Can amend one, although recited in the preamble as one of a series of. 3. Only two-thirds of Senators present required to pass on amendments to the Constitution.

1. TWO-THIRDS VOTE NOT REQUIRED ON ANY QUESTION OF AMEND MENTS TO.

8th Cong., 1st sess.; J., p. 314.]

NOVEMBER 23, 1803.

The Senate resumed the consideration of the report of the committee to whom was referred the motion for an amendment to the Constitution in the mode of electing the President and Vice-President of the United States.

Whereupon the President (Mr. John Brown) submitted to the consideration of the Senate the following question of order:

"When an amendment to be proposed to the Constitution is under consideration, shall the concurrence of two-thirds of the Members present be requisite to decide any question for amendments or extending to the merits, being short of the final question?"

And the opinion of the Senate was taken thereon, and it was determined in the negative. (Annals of Cong., pp. 81-84.)

2. CAN AMEND ONE, ALTHOUGH RECITED IN THE PREAMBLE AS ONE OF A SERIES OF.

36th Cong., 2d sess.; J., pp. 353, 354.]

MARCH 1, 1861.

The Senate had under consideration the joint resolution (S. 70) proposing certain amendments to the Constitution of the United States; and

An amendment being proposed by Mr. Seward,

A question of order was raised by Mr. Collamer, to wit:

That the portion of the joint resolution which it is proposed to amend, being recited in the preamble as one of a series of proposed amendments to the Constitution recommended by a convention of commissioners of certain States, it was not in order to amend any one of the series without striking out the preamble.

The President (Mr. Fitch in the chair) decided that the resolution, like all bills and joint resolutions, was open to amendment in all its provisions at the pleasure of Senators, and that the amendment proposed by Mr. Hunter was in order. (See Cong. Globe, p. 1305, 1306.)