QUESTIONS OF ORDER, DECIDED BY THE SPEAKER AT THE FIRST SESSION OF THE THIRTY-EIGHTH CONGRESS. SCHUYLER COLFAX, OF INDIANA, SPEAKER. THURSDAY, MARCH 10, 1864.-Page 368. Mr. Arnold, from the Committee on Roads and Canals, reported a bill (H. R. 321) to construct a ship canal for the passage of armed and naval vessels from the Mississippi river to Lake Michigan, and for other purposes; which was read a first and second time. It having been proposed to proceed to the consideration of the bill, Mr. Holman made the point of order, that inasmuch as the fifth section provided for the payment of certain money into the treasury of the United States, and also makes an appropriation whereby it may be taken out of the treasury, it must receive its first consideration in the Committee of the Whole. The Speaker sustained the point of order. In which decision of the Chair the House acquiesced. SATURDAY, APRIL 9, 1864.-Page 506. During debate upon the resolution for the expulsion of Alexander Long, Mr. Ellihu B. Washburne called Mr. Benjamin G. Harris to order for the following words just used by him in debate, viz: "The south asked you to let them live in peace. But no; you said you would bring them into subjugation. That is not done yet; and God Almighty grant that it never may be. I hope that you will never subjugate the south." The Speaker pro tempore (Mr. Edward H. Rollins) sustained the said point of order. And Mr. Harris thereupon took his seat. In which decision of the Chair the House acquiesced. TUESDAY, APRIL 12, 1864.-Page 518. Pending the consideration of the resolution for the expulsion of Alexander Long, Mr. Broomall proposed to submit the following amendment in the nature of a substitute for the same, viz: Whereas Alexander Long, a representative from the second district of Ohio, by his open declarations in the national Capitol, and publications in the city of New York, has shown himself to be in favor of a recognition of the so-called confederacy now trying to establish itself upon the ruins of our country, thereby giving aid and comfort to the enemy in that destructive purpose-aid to avowed traitors, in erecting an illegal government within our borders-comfort to them, by assurances of their success, and affirmations of the justice of their cause; and whereas such conduct is at the same time evidence of disloyalty and inconsistent with his oath of office and his duty as a member of this body: Therefore, Resolved, That the said Alexander Long, a representative from the second district of Ohio, be, and he is hereby, declared to be an unworthy member of the House of Representatives. Resolved, That the Speaker shall read these resolutions to the said Alexander Long during the session of the House. The same having been read, Mr. Eldridge made the point of order that the said amendment was out of order, on the ground that the words spoken by Mr. Long were not taken down in writing at the time of their utterance, nor was exception taken to them either in Committee of the Whole or in the House until after another member had spoken and other business had intervened. And Mr. Holman made the point of order that it was out of order because not germane to the original proposition. The Speaker pro tempore (Mr. Edward H. Rollins) overruled the point of order, and decided that the amendment proposed was in order. From this decision of the Chair Mr. Eldridge appealed. Pending which, The House adjourned. THURSDAY, APRIL 14, 1864.-Pages 519, 520. The House resumed the consideration of the preamble and resolution submitted on Saturday last by Mr. Colfax, in regard to Mr. Long, one of the representatives from the State of Ohio-the pending question being on the appeal taken from the decision of the Speaker pro tempore (Mr. Edward H. Rollins) that the amendment proposed to be submitted by Mr. Broomall was in order. After debate, The question was put, Shall the decision of the Chair stand as the judg ment of the House? Yeas... And it was decided in the affirmative, s So the decision of the Chair was sustained. 79 66 FRIDAY, APRIL 29, 1864.-Page 595. Mr. Brooks was called to order for irrelevant remarks, and having taken his seat, and the decision of the Chair that he was out of order having been submitted to, Mr. William H. Miller moved that Mr. Brooks be permitted to proceed in order. The Speaker having announced as the business next in order the bill of the House (H. R. 395) to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof heretofore introduced by Mr. Hooper and its further consideration postponed until this day, Mr. Holman made the point of order that the said bill must receive its first consideration in the Committee of the Whole House on the state of the Union, on the ground that it imposed a tax, and also made an appropriation. The Speaker overruled the said point of order, on the ground that it con tained no appropriation, nor did it impose a tax upon the people, such as was contemplated by the rule. From this decision of the Chair Mr. Holman appealed. And the question being put, Shall the decision of the Chair stand as the judgment of the House? Yeas It was decided in the affirmative, Nays So the decision of the Chair was sustained. 71 31 Mr. Fernando Wood also made the point of order that the bill must be first considered in Committee of the Whole, because it created new offices, and affixed salaries to the same, and thereby created a charge upon the people. The Speaker overruled the said point of order, on the ground that the salaries created by the bill must be appropriated for by another bill, and that no appropriation is made therefor by the present bill. From this decision of the Chair Mr. Wood 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, {Nays.. So the decision of the Chair was sustained. 85 9 Mr. Holman having proposed to renew the point of order just made on the suggestion that other sections of the bill than those already referred to contained an appropriation, The Speaker decided that the said point of order could not be renewed, on the ground that such a practice would open the door to an indefinite number of appeals, and he referred to a decision in the 32d Congress in confirmation of his decision. From this decision of the Chair Mr. Holman 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. THURSDAY, APRIL 28, 1864.-Pages 586, 587. The Speaker having announced as the result of a vote yeas 71, nays 72, and that it was decided in the negative, Mr. Upson stated that he had voted in the affirmative, and that his vote was erroneously omitted to be counted. The Speaker then announced the vote on the said amendment—yeas, 72; nays, 72; When Mr. Philip Johnson made the point of order that it was too late to correct the former announcement of the vote. The Speaker overruled the said point of order. From this decision of the Chair Mr. Johnson 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 Speaker then voted in the negative on the said amendment, and declared that the amendment was disagreed to. 67 SATURDAY, APRIL 30, 1864.-Pages 598, 599. Mr. Stevens, from the Committee of Ways and Means, to whom was referred the bill of the House (H. R. 198) making appropriations for the support of the army for the year ending the 30th of June, 1865, with the amendments of the Senate thereto, reported the same, recommending con currence in the 8th amendment with an amendment, and concurrence in the remaining amendments without amendment. The House having, by unanimous consent, proceeded to their consideration, The amendments numbered 1, 2, 3, 4, and 5 were severally read and agreed to. The 6th amendment having been read, Mr. Holman moved to amend the same by striking out the word "pay," in section 2, line 6, of said amendment. Pending which, after debate, Mr. Holman proposed to modify his said amendment, as follows: Strike out all of the 6th amendment of the Senate after the said word "pay," to the end of said section, and insert in lieu thereof, "as other soldiers of the regular or volunteer service: Provided, however, That the pay of the private soldier of the army shall be twenty dollars per month from and after the 1st day of January, 1864, with a corresponding increase in the pay of the non-commis sioned officers." The Speaker decided that the said proposed modification was not in order, on the ground that it changed an existing law, which, by the rules of the House, was prohibited in an amendment to an appropriation bill, and was not germane to the Senate's amendment. From this decision of the Chair Mr. Holman appealed. Mr. Ellihu B. Washburne moved that the appeal be laid on the table. It was decided in the affirmative, So the appeal was laid on the table. Yeas.... 95 25 |