Mr. Leake rose, was recognised by the Speaker, and proceeded to address the House upon the resolution declaring William T. Stewart the messenger of the Sergeant-at-arms; and while proceeding in his remarks, Mr. Henley rose and claimed the floor, on the ground that Mr. Leake having once addressed the House on the question, had no right, under the 36th rule, which provides that" no member shall speak more than once on the same question without leave of the House," to proceed with his remarks. The Speaker decided that Mr. Leake, having risen, been recognised, and proceeded to address the House, no one claiming the floor, and no one having objected, must be considered as speaking by leave of the House; and he therefore overruled the question of order raised by Mr. Henley, and decided that Mr. Leake was in order. From this decision Mr. Henley appealed. And the question being put, Shall the decision of the Chair stand as the judgment of the House? It was decided in the affirmative. Mr. Leake then proceeded and concluded his remarks. MONDAY, JULY 6, 1846. The journal of Friday having been read, Mr. McGaughey moved that the same be amended by inserting thereon all the proceedings of Friday last in relation to the vote upon inserting "salt" in the schedule of articles free of duty, which were then declared by the Speaker to be null, in consequence of the discovery of an error in the adding up of a vote, and which were consequently omitted from the journal of that day. The Speaker stated, that, inasmuch as the error alluded to in the amendment proposed by Mr. McGaughey was discovered before the next vote was announced, and as that vote was upon a motion to reconsider the last vote made by a member who voted with the majority, and as the correction of the error changed the result of that vote, the member making the motion had no right, under the rule, to make it; and therefore all the action subsequent to the announcement of the erroneous vote was properly stated by the Speaker, at the time, to be a nullity; in which statement the House acquiesced. The Speaker therefore decided that the amendment of the journal now proposed by Mr. McGaughey was not in order. From this decision Mr. McGaughey appealed. A motion was made by Mr. Cobb, that the appeal be laid upon the table. And the question being put, It was decided in the affirmative, Nays, And the decision of the Speaker stands as the judgment of the House. WEDNESDAY, JULY 8, 1846. The journal of yesterday having been read, Mr. Tibbatts moved "to correct the same by omitting all proceedings in relation to the call of the House, moved by Mr. Dromgoole, following the decision of the Speaker upon the resolution offered by Mr. McKay, requiring absentees to render excuses for their absence whenever they shall next appear in the House." And, after debate, The previous question was moved by Mr. Barclay Martin, and seconded; and the main question was ordered and stated, viz: Shall the journal be corrected as proposed by Mr. Tibbatts? when Mr. Brockenbrough raised the question of order, that the journal of yesterday was made up in accordance with the constitution of the United States, and was true in point of fact; and being true, could not be altered unless shown to be untrue. The Speaker overruled the point of order, on the ground that the constitution does not specify the manner in which the journal shall be kept; and the House has the control thereof, and may judge what are and what are not proceedings. From this decision of the Speaker Mr. Brockenbrough appealed. And the question being put, Shall the decision of the Chair stand as the judgment of the House? It was decided in the affirmative. THE SAME DAY. Resolved, That all the members now absent, except such as have been excused, be required, at the meeting of the House to-morrow morning, or when they shall next attend, to give excuses for their absence at this time; and it shall be the duty of the Clerk to enter their names on the journal for that purpose. Mr. Milton Brown moved to rescind the said resolution. The Speaker stated that, under the rule of the House declaring that a motion to reconsider shall take precedence of all other motions, except a motion to adjourn, The motion to reconsider was first in order. Mr. Garrett Davis raised the question of order, that the said resolution proposed to be reconsidered, having been adopted by a minority, was a nullity; and therefore it was not in order to move that it be reconsidered. The Speaker overruled the point of order. The Speaker announced as the first business in order the bill from the Senate (No. 57) entitled "An act to amend an act entitled 'An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes;'" which on Monday last was made a special order for this day. Mr. Boyd moved that the consideration of the said bill be postponed until to-morrow, and that the House proceed to the consideration of the business from the Senate, on the Speaker's table; which motion was agreed to. And the House determined, by a majority, to proceed to consider the business from the Senate on the Speaker's table. The Speaker announced as first in order the bill (No. 384) entitled “An act reducing the duty on imports and for other purposes," with the amendment of the Senate thereto; the question being on concurring in said amendment. Mr. Winthrop raised a question of order, that a motion to postpone the special order and take up the business from the Senate, being carried by a majority, and not by two-thirds, only that part of the motion which can be controlled by a majority, viz: the postponement of the special order, can be considered as decided; and that as it requires two-thirds to change the regular order of business, the House must now proceed to the business regularly in order, and not to the business of the Senate on the Speaker's table. The Speaker decided that this question might have been raised before the question was taken on the motion of Mr. Boyd; that it is now too late to raise the question; and the House having ordered the special order to be postponed, and directed at the same time what business should be next considered, it was the duty of the Speaker to proceed to the business thus indicated by the House. From this decision Mr. Winthrop appealed. And the question was put, Shail the decision of the Chair stand as the judgment of the House? when Mr. Stephen Adams moved that the said appeal be laid upon the table. And the question being put, It was decided in the affirmative, Yeas, 102 98 And the decision of the Chair stands as the judgment of the House. THURSDAY, JULY 30, 1846. The bill H. R. No. 435 (to amend the act of 1845 reducing the rates of postage) being under consideration, and one motion to lay it upon the table having been negatived since the previous question was moved, Mr. Sawyer moved that the said bill be laid upon the table. The Speaker (Mr. Dromgoole occupying the chair) decided, that as a motion to lay the bill upon the table had been negatived since the previous question was moved, pending the same the motion was not again in order. The House acquiesced in this decision. In proceeding upon the same subject, THE SAME DAY. The question recurred or ordering the said bill to be engrossed: when Mr. Owen moved that the vote by which an amendment offered by Mr. Hopkins was rejected be reconsidered. And the question being stated, Mr. Rathbun moved that the said motion to reconsider be laid upon the table. And the question being put, It was decided in the affirmative, Yes, Nays, 95 84 The Speaker then stated that the motion to reconsider the vote upon a pending amendment having been laid upon the table, no further proceedings could take place in relation to said bill until the said motion to reconsider was taken up and finally disposed of. WEDNESDAY, August 5, 1846. Mr. McKay, from the Committee of Ways and Means, reported the following resolution : Resolved, That the Clerk of the House be, and he is hereby, instructed to suspend the execution of the resolution directing him to furnish members with the books therein named, and not to purchase or deliver any of them until an appropriation is made by Congress to pay for the same, agreeably to an estimate furnished by the Clerk to the Committee of Ways and Means. The said resolution was read: when Mr McKay moved the previous question. The question recurred on seconding the previous question: when Mr. Ashmun raised the question of order, that this subject not having been referred to the Committee of Ways and Means, the committee had no right to report upon it. The Speaker (Mr. Hopkins in the chair) overruled the question of order thus raised, and decided that the report was in order. From this decision Mr. Ashmun appealed. And the question being put, Shall the decision of the Chair stand as the judgment of the House? It was decided in the affirmative, Yeas, THE SAME DAY. . 81 . 67 In further proceeding upon the same subject, The question again recurred on seconding the previous question: when Mr. John H. Ewing raised the question of order, that the rules having been suspended to receive such reports as gave rise to no debate, and that several members having intimated their intention to debate this resolution, it must go over, notwithstanding that the previous question was moved at the moment the same was reported from the committee. The Chair decided that the previous question having been moved before any member was entitled to the floor to debate the said resolution, it must now be put to the House. From this decision Mr. Ewing appealed. And the question being put, Shall the decision of the Chair stand as the judgment of the House? It was decided in the affirmative. So the decision of the Chair was sustained. AUGUST 8, 1846. A resolution to terminate debate upon the message from the President of the United States, recommending an appropriation of $2,000,000 to aid in settling difficulties with Mexico, being under consideration, Mr. Garrett Davis raised the question of order, that the resolution proposes to fix the hour of "two o'clock this day" as the time at which debate shall terminate; that hour having passed, the resolution is in itself a nullity, and ought not to be further entertained by the Speaker. The Speaker (Mr. Tibbatts presiding) decided that the resolution being in order when offered, could not, by mere lapse of time, be rendered out of order; that the hour fixed in it having passed might be a good reason for voting against it, but was no reason why the Chair should interfere in its regular progress. He therefore overruled the point of order raised by Mr. Davis. From this decision Mr. Toombs appealed. And the question was stated, Shall the decision of the Chair stand as the judgment of the House? when Mr. McKay moved that the whole subject be laid upon the table. It was decided in the affirmative, { Nays, Yeas, So the said appeal and resolution were laid upon the table. Accountability of public officers - Accounts of Treasurer of United States settled at the Treasury not to be reopened, proposition to repeal due more than three years on books of Second, Third, and Fourth Auditors, Adhere, Senate, to amendments to bill H. R. 49 (army appropriation bill) Adjourned, hour to which the House shall stand from Thursday to Monday from Friday to Monday proposition to meet at 10 o'clock to meet at 10 or 11 o'clock, from day to day Page. 11 263 784 491, 712 42 248, 325 314 12, 60 1192 1208 13 53 94, 130, 468, 497, 566, 1031 Senate send a resolution to adjourn sine die on the 10th August 12 o'clock, m., fixed as the hour of adjourning sine die reconsidered postponed two weeks to meet at 8 o'clock on Monday Advertising letters Agents sent by Massachusetts to South Carolina and Louisiana to protect free colored Alabama, members from, appear, viz: Reuben Chapman, Henry W. Hilliard, George relinquish interest in canal at Muscle shoals, and grant lands for Albemarle sound, connexion of, with the Atlantic at Nag's Head Alexandria, proposition to recede repeal act requiring one of the judges to reside in- Allegheny river, improvement of, between Pittsburg and Olean 958 216 Amendments of Senate referred - American Archives, proposition to present them to Kentucky Historical Society Page. 699 410 1000 113, 180, 640, 641, 654, 656, 657, 696, 721, 725, 789, 794, 803, 865, 933, 934, 1170, 1199, 1234 on decision relative to amendment of journal that absentees on a call of the House cannot be required to render excuses next Mr. Brockenbrough appeals - that any member may move to reconsider a vote taken without yeas and nays that a motion to recede could not be divided Appointment of representatives, repealing of second section of act requiring election of See bill H. R. No. 96. inquiry as to, for harbors on lakes, by act of June 11, 1844, how ex- pended &c. statement of, for naval service for 1845 - - 131, 215 59, 373 71 134 278 180 |