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QUESTIONS OF ORDER

DECIDED BY THE SPEAKER AT THE SECOND SESSION OF THE THIRTY-SIXTH

CONGRESS.

WILLIAM PENNINGTON, OF NEW JERSEY, SPEAKER.

WEDNESDAY, JANUARY 2, 1861.-Pages 131 to 140.

The Speaker having announced as the regular order of business the preamble and resolution submitted by Mr. John G. Davis, and pending when the House adjourned, the pending question being on the demand for the previous question

The question was put on the said demand, when the House refused to second the same.

The question then recurring on the resolution,

Mr. John G. Davis withdrew the said preamble and resolution.

Mr. Sherman having claimed the privilege of submitting anew the said preamble and resolution, on the ground that the rules had been suspended for the purpose of enabling the House to consider the

same,

Mr. Bocock made the point of order that it was not competent for him to do so.

The Speaker sustained the said point of order.

From this decision of the Chair Mr. Sherman appealed.

Pending which,

Mr. Adrain moved that the appeal be laid on the table.
And the question being put,

It was decided in the negative, {Nas...

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So the House refused to lay the appeal on the table.
Mr. Hill moved that the vote last taken be reconsidered.

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The question again recurred on the motion to lay the appeal on the

table.

And being put,

Yeas.

It was decided in the negative, negative, {Nays.

Pending the question on the appeal the House adjourned.

THURSDAY, JANUARY 3, 1861.-Page 140.

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Mr. Sherman withdrew the appeal taken by him, and pending when the House adjourned yesterday, from the decision of the Chair

denying his right to submit the preamble and resolution submitted, under a suspension of the rules, by Mr. John G. Davis, and subsequently withdrawn by him.

MONDAY, JANUARY 21, 1861.-Page 212.

The Speaker having announced as the regular order of business the report of the select committee of one from each State on the present. condition of the country, heretofore made the special order of the day for this day at 1 o'clock p. m.

The House proceeded to consider the same.

Mr. Corwin having occupied the floor for one hour in debate,

On motion of Mr. Clemens, (the rules having been suspended for that purpose,) leave was given him to conclude his remarks.

Mr. Millson having occupied the hour allowed him by the rules for debate,

Mr. Sickles moved that the rules be suspended, so as to enable Mr. Millson to continue his remarks.

Mr. Burnett made the point of order that, inasmuch as the House was now acting under a suspension of the rules, a motion to suspend the rules was not now in order.

The Speaker pro tempore (Mr. Adrain in the chair) overruled the point of order, on the ground that the present motion was immediately connected with the business now before the House.

From this decision of the Chair Mr. Burnett appealed.
Pending which,

On motion of Mr. Clemens,

Ordered, That the appeal be laid on the table.

TUESDAY, JANUARY 29, 1861.-Page 247.

The House having resumed the consideration of the special order, Pending the debate thereon,

Mr. Gooch made the point of order, that the remarks of Mr. Van Wyck were out of order.

The Speaker pro tempore (Mr. Briggs) overruled the said point of

order.

From this decision of the Chair Mr. Gooch appealed.
Pending which,

On motion of Mr. De Witt C. Leach,

Ordered, That the appeal be laid on the table.

Pending the further remarks of Mr. Van Wyck, Mr. Van Wyck having yielded the floor for that purpose,

Mr. Dawes moved, at 5 o'clock and 10 minutes p. m., that the House adjourn.

The Speaker pro tempore (Mr. Briggs) decided that unless the floor was yielded unconditionally the said motion was out of order. From this decision of the Chair Mr. Dawes appealed.

Pending which,

On motion of Mr. Stevenson,

Ordered, That the appeal be laid on the table.

SATURDAY, FEBRUARY 2, 1861.-Page 261.

A message from the Senate, by Mr. Patton, one of their clerks: Mr. Speaker: The Senate have adopted a resolution providing for the appointment of a committee to join such committee as may be appointed by the House "to ascertain and report a mode for examining the votes for President and Vice-President of the United States, and of notifying the persons chosen of their election;" and have appointed Mr. Trumbull, Mr. Foote, and Mr. Latham the said committee on the part of the Senate.

Mr. Ellihu B. Washburne having called up the said resolution of the Senate, just reported

Mr. Garnett objected to its consideration on the ground that it was not now in order.

The Speaker decided that inasmuch as the resolution provides for ascertaining a mode of executing a duty required by the Constitution of the United States to be executed on a particular day, and which might not, under the rules, be considered before that day, he was of the opinion that it presented a question of privilege, and might, therefore, be called up at any time.

From this decision of the Chair Mr. Garnett appealed.
Pending which,

On motion of Mr. Ellihu B. Washburne,

Ordered, That the appeal be laid on the table.

THURSDAY, FEBRUARY 14, 1861.-Page 318.

Mr. John Cochrane being entitled to the floor, and having yielded the same to Mr. Kunkel, to enable the latter to make remarks within the time for which he was so entitled,

Mr. Lovejoy made the point of order that it was not competent for a member to yield the floor to another to make a speech, and at the same time retain his right to reoccupy it.

The Speaker pro tempore (Mr. William Kellogg) decided that, with the consent of Mr. Cochrane, it was competent for Mr. Kunkel to occupy the floor to the extent of the time to which the former was entitled.

From this decision of the Chair Mr. Lovejoy appealed.

Pending which,

Mr. Sickles moved that the appeal be laid on the table; which motion was disagreed to.

The question then recurred, and being put, viz: Shall the decision. of the Chair stand as the judgment of the House?

It was decided in the negative.

So the decision of the Chair was not sustained.

WEDNESDAY, FEBRUARY 27, 1861.-Page 415.

Pending the question on the passage of a joint resolution,
Mr. Kunkel asked a division of the question.

The Speaker pro tempore (Mr. Dawes) decided that on the passage of a joint resolution, unlike the case of simple resolutions of the House, a division of the question was not in order.

From this decision of the Chair Mr. Kunkel appealed.
Pending which,

On motion of Mr. Bingham,

Ordered, That the appeal be laid on the table.

FRIDAY, MARCH 1, 1861.-Page 440.

H. R. 1008. A bill for the admission of New Mexico into the United States of America was read a first and second time.

The Speaker having recognized Mr. Corwin as entitled to the floor, Mr. Lovejoy claimed the floor.

The Speaker decided that Mr. Corwin was entitled, on the ground that he had reported the measure under consideration.

From this decision of the Chair Mr. Lovejoy appealed.
Pending which,

On motion of Mr. Curtis,

Ordered, That the appeal be laid on the table.

SATURDAY, MARCH 2, 1861.-Page 474.

Mr. Fenton moved that the rules be suspended, so as to enable him to submit the following resolution, viz:

Resolved, That the committees of the House who have reports in readiness upon matters referred to them be permitted to deliver such reports to the Clerk of the House, and that they be printed; and that all bills and resolutions so reported be referred to the Committee of the Whole; and all bills, resolutions, and other papers upon which no reports have been made shall be returned informally to the Clerk.

Pending which,

Mr. Gilmer having proposed as a question of privilege to report a resolution from the Committee of Elections providing for the compensation of a quasi delegate from the Territory of Colorado

The Speaker pro tempore (Mr. Branch in the chair) decided that the said resolution did not present a question of privilege, and was out of order at this time.

From this decision of the Chair Mr. Gilmer appealed.
Pending which,

Mr. Phelps moved that the appeal be laid on the table.
And the question being put,

J Yeas.
It was decided in the affirmative, Nas

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46

So the appeal was laid on the table.

INDEX.

A.

Page.

Absentees, in the House....

in Committees of the Whole...

Acceptances to contractors for transportation across the plains.
Accounts of the Treasurer of the United States.

allowances by the Committee of....
Adjourn, votes on motions to................

....

129, 144, 181, 446

145, 149, 179, 181, 367

121

73

459

..127, 134, 136, 139, 166, 311, 368, 381, 382.384,
394, 395, 397, 399, 420, 453
75, 88, 98, 103, 137, 396

Adjournments over one day, votes on motions for....
Adjournment sine die.....

Alabama, members from the State of, appear, viz:

D. Clopton, G. S. Houston, S. Moore, and J. L. Pugh
W. R. W. Cobb and J. L. M. Curry.

J. A. Stallworth......

letter from members from, announcing the secession of, and their

withdrawal from the House

Amazon river, free navigation of.....

Anderson, Mujor, approval of the course of, in withdrawing to Fort Sumter...
Appeals from decisions of circuit courts to Supreme Court of the United States

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490

50

208, 247

290

152

107

39

39

58

58

72

100

103

statement of balances of, furnished by the Secretary of the

Interior......

for support of the army

See H. R. 899.

for the naval service..

See H. R 914.

applicable to service of War Department

for the Post Office Department......
See H. R. 971.

communications relating to items of

Arizona, to provide a temporary government for

See H. R. 890.

proceedings of provisional courts of..

See H. Res. 46.

Arkansas, members from the State of, appear, viz:

112

113

147

195

256

437

90

287

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