exception of the discussion of the contested election of A. Gallatin, as or from Pennsylvania, during which discussion the galleries were opened special order of the Senate. On February 20, 1794 (3d Cong., 1st sess., J., , the Senate came to a resolution that after the end of that session of ess the galleries of the Senate should be permitted to be opened whilst enate should be engaged in its legislative capacity, unless specially ordered wise. (See Note on pages 15, 16 of Annals of Congress, vol. 1.) notion being made to go into executive session, and a motion being made r. Mason that the doors of the Senate be shut for the consideration of motion, the President pro tempore (Mr. Atchison) decided that the galshould be cleared. From this decision Mr. Badger appealed. On the ion, Is the decision of the Chair correct? yeas 29, nays 9. The galleries cleared. The doors being shut, the question then being on motion of Mr. n to proceed to the consideration of executive business, after debate, dered, That the doors be opened; and on the question that the Senate ed to the consideration of executive business, it was determined in the native. (See Cong. Globe, pp. 752-754, 756.) th Cong., 2d sess.; J., pp. 766, 767.] JULY 25, 1868. à amendment is proposed upon which the yeas and nays are ordered, the is called, and before the result is declared a question of order is raised › the right of a Senator to vote upon the amendment in which his personal rests are involved; a debate ensued, pending which a motion is made to eed to the consideration of executive business. Upon this motion a quesof order is raised, and it is sustained by the Senate on an appeal from decision of the Chair. The question then recurred upon the question of r raised upon the right of a Senator to vote upon a question in which he personally interested, when a demand was made by a Senator that the reof the vote upon the amendment be declared, and the Secretary being cted by the Chair to call over the roll, it was then announced. The quesof order was then laid on the table. (See Cong. Globe, pp. 4453, 4457-4461.) OTE. The effect of this ruling was to settle the point that neither a question of r nor a motion for executive business can be entertained after the roll is called until result is declared by the Chair. 4th Cong., 1st sess.; J., pp. 816, 817.] AUGUST 10, 1876. Ir. Ferry, President pro tempore, decided that while the Senate was dividing a motion to proceed to the consideration of executive business a motion to e a recess was not in order. (See Cong. Record, p. 5418.) 9th Cong., 1st sess.; J., p. 480.] MARCH 26, 1886. The resolution expressing the sense of the Senate on refusal of Attorneyheral to send to the Senate copies of papers called for by its resolution of uary 25, 1886, being before the Senate, Mr. Van Wyck submitted an amendat at the end of the third resolution as follows: "And in all such cases of reval the matter shall be considered in open session of the Senate." Ir. Hoar raised a question of order, viz," that the amendment would operate a change in the standing rules of the Senate; it was not in order except on e day's notice, as required by the fortieth rule." The President pro tempore (Mr. Sherman) sustained the point of order, and cided that as the thirty-sixth rule provides that when acting upon confiden1 or executive business the Senate chamber shall be cleared of all persons zept certain officers specified, and as the communications referred to in the Solutions are executive communications, known to be such, the proposed endment would change the rule to a certain exter and was not in order under the fortieth rule, which requires one day's notice in writing, precisely the rule or part of rule proposed to be modified or amended. An appeal from this decision was laid on the table; yeas 31, nays Cong. Record, pp. 2806-2809.) 53d Cong., special sess.; in J., p. 178, of 52d Cong., 2d sess.] MARCH 29. The Vice-President (Mr. Stevenson) decided that, pending the cons of a resolution for the admission of a Senator, which was privileged, order to move to go into executive session. (See Cong. Record, vol. 2. pp. 48, 49.) 3. TREATIES IN. From the organization of the Congress it has been almost the uniform to consider treaties in executive sessions, and there have been but few to change the practice. December 22, 1800, the President communicated to the Senate the inst to the envoys to the French Republic with a request that they be co in strict confidence. The Senate thereupon adopted the following: Resolved, That all confidential communications made by the Presiden United States to the Senate shall be, by the members thereof, kept in secret, and that all treaties which may hereafter be laid before the Sena also be kept secret, until the Senate shall, by their resolution, take off junction of secrecy. (Executive Journal, vol. 1, p. 361.) NOTE. For early attempts to have treaties and general executive and con business transmitted by the President considered with open doors, and proceedi erally regarding executive sessions, see vol. 1, Ex. J., pp. 178, 181, 190, 191, 192 vol. 8, p. 433; 9th Cong., 1st sess., p. 67; 37th Cong., 2d sess., Journal, 41st Cong., 2d sess.; Journal, pp. 89, 94, 220, 348, 383, 399, 465, 492; 48th Cong., 1 Journal, p. 195; 50th Cong., 1st sess., Journal, pp. 65, 244, 427, 428, 524, 525, 6 4. SECRET LEGISLATIVE SESSION. RULE XXXV.-Session with closed doors. On a motion made and seconded to close the doors of the Senate, on the ₫ sion of any business which may, in the opinion of a Senator, require se the Presiding Officer shall direct the galleries to be cleared; and durin discussion of such motion the doors shall remain closed. (Jefferson's Ma Sec. XVIII.) [In accordance with the provisions of this rule many measures of a s legislative character have been considered by the Senate with closed door Article I, section 5, clause 3, of the Constitution of the United States re Each House shall keep a journal of its proceedings, and from time to publish the same, excepting such parts as may in their judgment re secrecy." 37th Cong., 2d sess.; J., pp. 154, 158.] JANUARY 29, 30, 1861 In the Thirty-seventh Congress, second session, the following joint rule, 22, was agreed to in both Houses: 66 Resolved (the House of Representatives concurring), That the following added to the joint rules of the two Houses: "22. When, during the present rebellion, any Member of the Senate or Ho the immediate action of Congress upon any matter pertaining to the suppression of the present rebellion, the galleries of the House in which the statement is made shall be immediately cleared; and after such member shall state the action desired by the President, and the reasons for immediate action, such House shall determine, without debate, whether the proposed measure shall be considered. If decided in the affirmative, debate shall be confined to the subjectmatter, and be limited to five minutes by any member: Provided, That every member shall be allowed five minutes to explain or oppose any pertinent amendment: And provided, That this rule shall not affect the operation of the previous question in the House of Representatives. “During such session no communication shall be received or made to or from any person not a member then present, except through the President of the Senate or the Speaker of the House. If any member of the Senate or House of Representatives shall betray, publish, disclose, or reveal any debate, consultation, or proceeding had in such secret session, he shall be expelled; and if committed by any officer of either body, or other person, such punishment shall be inflicted as the body to which he belongs may impose." FLOOR. 1. When entitled to the, on privileged question. 2. Regular order can not be demanded while in possession of the. 3. Can not yield the, to another. 4. Senator can be taken from the, on a question of order. 5. Not in order to admit persons to the, to present any petition. 6. Not necessary for resolution to lie over one day excluding persons from privileges of the. 7. Can not be taken from the, by asking a parliamentary inquiry, and then make any motion. 8. Clerks to Senators, when not in actual discharge of their duties, not entitled to privileges of the. 9. Ladies admitted to the. 1. WHEN ENTITLED TO THE, ON A PRIVILEGED QUESTION. 35th Cong., 2d sess.; J., p. 305.] FEBRUARY 11, 1859. The report of a committee relating to the Senators from the State of Indiana being under consideration, pending debate (Mr. Seward on the floor), the morning hour expired, when a Senator called for the special order of the day. The Vice-President (Mr. Breckinridge) ruled that Mr. Seward was still entitled to the floor on a privileged question. (See Cong. Globe, p. 957.) 40th Cong., 2d sess.; J., p. 217.] FEBRUARY 25, 1868. A Senator can not be taken off the floor by a privileged question. Globe, pp. 1405, 1406.) (See Cong. 2. REGULAR ORDER CAN NOT BE DEMANDED WHILE IN POSSESSION OF THE. 42d Cong., 2d sess.; J., p. 921.] JUNE 1, 1872. The regular order, being informally laid over subject to the demand of any Senator, can not be demanded while a Senator is in possession of the floor. (See Cong. Globe, p. 4151.) 3. CAN NOT YIELD THE, TO ANOTHER, EXCEPT BY UNANIMOUS CONSENT. 51st Cong., 2d sess.; J., p. 87.] JANUARY 20, 1891. The Vice-President (Mr. Morton) decided that a Senator having possession of the floor could not yield it to another unless by unanimous consent. (See Cong. Rec., pp. 1566, 1567.) A SENATOR CAN BE TAKEN FROM THE, ON A QUESTION OF ORDER. The Senate proceeded to consider the resolution submitted by Mr. Thurman The Vice-President (Mr. Colfax) decided that under the rule adopted by NOT IN ORDER TO ADMIT PERSONS TO THE, TO PRESENT ANY 5th Cong., 2d sess.; J., p. 481.] On motion, by Mr. Marshall, APRIL 27, 1798. Resolved, That no motion shall be deemed in order to admit any person, or ersons, whatever, within the doors of the Senate chamber, to present any petion, memorial, or address, or to hear any such read. . NOT NECESSARY FOR RESOLUTIONS TO LIE OVER ONE DAY EXCLUDING PERSONS FROM PRIVILEGES OF THE. 29th Cong., 2d sess.; J., pp. 182, 184.] FEBRUARY 10-11, 1847. Mr. Yulee submitted the following resolutions, and asked their consideraion at this time: Resolved, That the editors of the Union, a newspaper published in the city of Vashington, having, in a publication contained in a number of that paper lated the 9th of February, issued and uttered a public libel upon the character of this body, they be excluded from the privilege of admission to the floor of the Senate. The consideration of the resolution at this time was objected to by Mr. Sevier. The Vice-President (Mr. Dallas) decided that, without the unanimous consent of the Senate, the rule required the resolution to lie one day for consideration. From this decision Mr. Badger appealed; and, On motion by Mr. Davis, Ordered, That the further consideration of the subject be postponed until to-morrow. [Next day.] The Senate resumed the consideration of the appeal from the decision of the Vice-President in relation to the consideration of the resolution yesterday submitted by Mr. Yulee and on the question "Is the decision of the Vice-Presi 2 |