5. DISCUSSION OF A REPORT ON A MEMORIAL RELATING TO SENATORS HAS PRECEDENCE OVER.

35th Cong., 2d sess.; J., p. 305.]

FEBRUARY 11, 1859.

The Senate was considering à report of the Committee on the Judiciary upon a memorial of the State of Indiana, relating to the Senators from that State. The question was upon discharging the committee from the further consideration of the memorial.

An amendment being submitted by Mr. Seward, and an amendment to that amendment being proposed by Mr. Pugh,

While Mr. Seward was engaged in debate a question was raised at one o'clock, by Mr. Iverson, whether the special order of the day (S. 497), being the unfinished business, was not entitled to precedence.

The Vice-President (Mr. Breckenridge) decided that, as Mr. Seward was discussing a privileged question, he was still entitled to the floor. (See Cong. Globe, p. 957.)

6. UNFINISHED BUSINESS HAS PRECEDENCE OF.

36th Cong., 1st sess.; J., pp. 468, 469.] MAY 16, 1860. The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 220)“ for the relief of Anson Dart;" and while the same was under consideration,

The President announced that the hour of one o'clock having arrived, it was the duty of the Chair to call up the special order of the day, which was the bill (H. R. 304) "inviting proposals for carrying the entire mail between the Atalntic and Pacific States on one line;" but that the resolutions submitted by Mr. Davis the 1st of March, in relation to the questions of slavery and the rights of property in the Territories of the United States, being the unfinished business of yesterday, had precedence of the special order.

7. PRIVATE CALENDAR, WHEN ASSIGNED TO ANY PARTICULAR DAY, IS TO BE TREATED AS.

36th Cong., 1st sess.; J., p. 233.]

MARCH 9, 1860.

The Private Calendar when assigned to any particular day is to be treated as other special orders and not to be called before the expiration of the morning hour. (See Cong. Globe, pp. 1074, 1075.)

8. CALLED UP WHEN READING A REPORT.

36th Cong., 1st sess.; J., p. 544.]

MAY 31, 1860.

Mr. Slidell, from the select committee appointed under a resolution of the Senate of the 24th of January to inquire into certain alleged abuses connected with the execution of the public printing, submitted a report; and, while he was engaged in reading the report,

The Vice-President annuonced that the hour of twelve o'clock having arrived, it was the duty of the Chair to call up the special order of the day, which was the bill (H. R. 503) “making further appropriations for the service of the Post-Office Department during the fiscal year ending the 30th of June, 1860," being the unfinished business of the Senate of yesterday.

On motion by Mr. Slidell, that the special order be postponed until half past one o'clock,

It was determined in the affirmative; and the reading of the report was concluded.

9. NEED NOT LIE OVER ONE DAY.

36th Cong., 2d sess.; J., pp. 339–340.]

FEBRUARY 28, 1861.

The President (Mr. Fitch in the chair) announced that the hour of one o'clock had arrived, and that it was the duty of the Chair to call up the special order of the day for that hour, which was the report of the select committee to whom was referred the communication from the president of the convention of commissioners from twenty-one States, assembled for the purpose of adopting some plan for the adjustment of the questions which now agitate the country and threaten the Union.

A question of order was raised by Mr. Hale, to wit: Was it in order to proceed now to the consideration of the report, under the 26th rule of the Senate, which requires all reports of committees to lie one day for consideration?

The President (Mr. Fitch in the chair) submitted the question of order to the decision of the Senate; and it was determined in the affirmative; yeas 26, nays 23.

10. MAY BE POSTPONED, WITHOUT NAMING A DAY. 36th Cong., 2d sess.; J., p. 374.]

MARCH 2, 1861. On motion by Mr. Douglas, to postpone the consideration of the pending question and all prior orders, and that the Senate proceed to the consideration of the joint resolution (H. R. SO) to amend the Constitution of the United States,

A question of order was raised by Mr. Mason, to wit: Was it in order to move to postpone the question under consideration and proceed to the consideration of another subject without naming a day to which it is proposed to postpone the subject under consideration?

The President (Mr. Rice in the chair) decided that the motion of Mr. Douglas was in order.

11. MAY NOT BE POSTPONED.

38th Cong., 1st sess.; J., p. 631.]

JUNE 24, 1864.

The President of the Senate (Mr. Foster in the chair) announced that the hour of one o'clock, fixed by the Senate for the consideration of a special order, had arrived, and called up the special order for that hour, which was the bill (H. R. 527) “making appropriations for sundry civil expenses of the Government for the year ending the 30th June, 1865;" and

The Senate proceeded to consider the said bill as in Committee of the Whole; when

A motion was made by Mr. Davis to postpone the pending question, and all prior orders, and stated that it was his purpose, if the motion prevailed, to ask the unanimous consent of the Senate to introduce a joint resolution.

The Chair decided that the motion was not in order, and could not be enter tained.

From this decision Mr. Davis appealed to the Senate; and

On the question, Shall the decision of the Chair stand as the judgment of the Senate?

On motion by Mr. Hale that the appeal lie on the table, it was determined in the affirmative; yeas 26, nays 6.

12. MAY BE POSTPONED BY A MAJORITY VOTE, ALTHOUGH IT REQUIRES A TWO-THIRDS VOTE TO MAKE SUBJECTS.

37th Cong., 2d sess.; J., pp. 253, 254.]

FEBRUARY 28, 1862.

On motion by Mr. Fessenden to postpone the further consideration of the bill (special order, being S. 151, to confiscate property, etc.) to to-morrow, and that the Senate proceed to the consideration of the bill (H. R. 208) “making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th June, 1863, and additional appropriations for the year ending the 30th June, 1862; "yeas 24, nays 20.

Before the decision upon the question was announced by the Vice-President (Mr. Hamlin) Mr. Foot raised a question of order, viz, whether, as by the thirty-first rule of the Senate, it requires a vote of two-thirds of the Senators present to make any subject a special order, it does not require a like vote of two-thirds, a special order being under consideration, to postpone it.

The Vice-President (Mr. Hamlin) decided that upon a motion to postpone a special order a majority could determine. (See Cong. Globe, pp. 1014, 1015.)

13. BILLS REACHED ON THE CALENDAR, AND ON OBJECTION GOING OVER, CAN BE MADE.

54th Cong., 2d sess.; J., pp. 44, 45.]

JANUARY 7, 1897.

A bill being objected to when considering the Calendar under Rule S, Mr. Perkins thereupon moved that the bill (H. R. 9188), “authorizing the appointment of a nonpartisan commission to collate information and to consider and recommend legislation to meet the problems presented by labor, agriculture, and capital," be made the special order for Wednesday next, at 2 o'clock p. m.; When,

Mr. Aldrich raised a question of order, viz, that a motion to make a special order was not in order except when the bill was before the Senate; and, objection to the bill having been made, under Rule VIII it had passed from the consideration of the Senate.

The Presiding Officer (Mr. Blackburn in the chair) overruled the question of order, and stated that the bill having been regularly reached on the Calendar, and objection having been made, it went over, but was not taken from before the Senate; and it was perfectly competent and in order to move to make the bill a special order for any given time when so reached on the Calendar. Cong. Record, pp. 535–537.)

(See

14. SUPERSEDE UNFINISHED BUSINESS WHEN THE LATTER HAS BEEN DISPLACED BY A MOTION.

56th Cong., 2d sess.; J., p. 205.]

FEBRUARY 23, 1901.

The Presiding Officer (Mr. Chandler in the chair) announced that the hour of 1 o'clock had arrived, and laid before the Senate its unfinished business, viz,

the bill (H. R. 3717) "to make oleomargarine and other imitation dairy products subject to the laws of the State or Territory into which they are transported, and to change the tax on oleomargarine;"

When,

Mr. Morgan raised a question of order, viz, that the bill having been dis placed by a motion to consider other matter on the previous day prior to adjournment, therefore possessed no priority as unfinished business, and requested that the bill standing first on the order of special orders, viz, the bill (H. R. 2538) “to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," be now laid before the Senate.

The President pro tempore (Mr. Frye) having resumed the chair, sustained the question of order and laid the special order before the Senate as its unfinished business. (See Cong. Record, p. 2879–2887.)

SPECIAL SESSIONS OF THE SENATE.

DURING, OTHER THAN PURELY EXECUTIVE BUSINESS MAY BE

TRANSACTED.

31st Cong., 2d sess.; special sess.; J., p. 285.] Mr. Seward submitted the following:

MARCH 5, 1851.

Resolved, That the Senate is not restricted at this session to the consideration of matters purely executive, and that such consideration may be extended to all matters proper to be transacted by the Senate without the cooperation of the House of Representatives; but no action was taken thereon.

Special or called sess.; J., p. 612.]

MARCH 13, 1873.

By a vote of the Senate, yeas 20, nays 31, it was decided not in order to present petitions or memorials praying for special legislation at a session of the Senate specially called by the President, in the recess of Congress, and which the Senate could not, without the cooperation of the House of Representatives, mature. (See Cong. Record, pp. 63-66.)

Special sess. of Senate; J., p. 617.]

The resolution by Mr. West:

MARCH 19, 1873.

Resolved, That the Select Committee on the Levees of the Mississippi River be authorized to sit during the recess of the Senate, etc., was ruled out of order by the Vice-President (Mr. Wilson). An appeal was not acted on. (See Cong. Record, pp. 117, 118.)

42d Cong., 3d sess.; J., pp. 612, 614, 617.]

MARCH 13, 14, 19, 1873.

Legislative business not in order at a special or called session. Record, pp. 63–66, 77–80, 113-117, special session.)

43d Cong., 2d sess.; J., 462.]

(See Cong.

MARCH 11, 1875.

A point of order was raised on a resolution creating a commission to visit the Indian Territory, etc., that legislative business can not be transacted at a special session of the Senate; after debate, the whole subject was laid on the table; yeas 39, nays 23. (Record is in 44th Cong.; see Cong. Record, p. 31.) Mr. Sherman arose to present a petition of Thomas Worthington praying a pension.

Mr. Conkling having made an inquiry whether or not the petition could be received at a session of the Senate not called for legislative business, the VicePresident (Mr. Wheeler) submitted the question to the Senate, "Shall the petition be received?" and, on motion by Mr. Thurman,

Ordered, That the question of receiving the said petition lie on the table. (March 6, 1877; 44th Cong., 2d sess., special sess.; J., p. 442; Cong. Record, p. 5; see also March 13, 1877; J., p. 450; Cong. Record, idem, p. 40; Record of 45th Cong.)

An order to withdraw papers was objected to as legislative business, and sustained by the Vice-President (Mr. Wheeler). Same day; idem, p. 40.