282 AMENDMENTS TO CONSTITUTION—ANNALS OF CONGRESS. After one house has adhered, the other may recede-Journals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 673-or ask a conference, which may be agreed to by the adhering house.Journals, 1, 1, pp. 156, 157; 1, 3, pp. 281, 283; 1, 35, pp. 604, 615, 620. (See ADHERE, MOTION TO.) An amendment proposed to an amendment of the Senate must be germane to that amendment, and can not be held in order on the ground that it is germane to the subject-matter of the pending bill, for the reason that the text of the bill, except as amended by the Senate, is not again open to amendment by the House.-Journal, 1, 48, pp. 1653, 1654. Where no new proposition is presented by a Senate amendment, the point of order (under Rule XX) that it must first be considered in Committee of the Whole, is not well taken.— Journal, 1, 51, p. 1087. AMENDMENTS TO THE CONSTITUTION. The manner in which amendments to the Constitution may be proposed and ratified is provided in Article V, which see (p. 22). ANNALS OF CONGRESS. "The Annals of Congress" were published from 1789 to 1824, and consist of 42 volumes octavo. Table showing the contents of the several volumes comprising the Annals of *a Vol. 2 contains also proceedings of Senate from Dec. 3, 1798, to March 2, 1799. tb Vol. 3 contains House proceedings from Dec. 3, 1798, to March 3, 1799, andappendix. Table showing the contents of the several volumes comprising the Annals of Congress-Continued. Con- Sesgress. sion. Volumes, etc. Year. Period covered. 1800-1801 Dec. 2, 1799, to Mar. 3, 1801. 1817-1818 3, 1811. Dec. 6, 1813, to Apr. 18, 1814. 1814-1815 Sept. 19, 1814, to Mar. 2, 1815. 1815-1816 Dec. 4, 1815, to Apr. 30, 1816. 1816-1817 Dec. 2, 1816, to Mar. 3, 1817. Mar. 4, 1817, to Mar. 6, 1817. Dec. 1, 1817, to Mar. 12, 1818. Mar. 12, 1818, to Apr. 20, 1818. Nov. 16, 1818, to Feb. 17, 1819. Feb. 17, 1819, to Mar. 3, 1819. Dec. 6, 1819, to Feb. 12, 1820. 1820 Feb. 12, 1820, to May 15, 1820. 1820-1821 Nov. 13, 1820, to Mar. 3, 1821. 1821-1822 Dec. 5, 1821, to Mar. 11, 1822. 1822 Mar. 11, 1822, to May 7, 1822. 1822-1823, Dec. 2, 1822, to Mar. 3, 1823. 1823-1824 Dec. 1, 1823, to Feb. 27, 1824. 1824 Feb. 27, 1824, to May 25, 1824. APPEAL. See RULE I, clause 4; RULE III, clause 1; RULE XIV, clause 4; and RULE XVIII. Questions of order decided by the Speaker shall be "subject to an appeal to the House by any member; on which appeal no member shall speak more than once, unless by leave of the House."-RULE I, clause 4. The questions of order herein referred to relate to motions or propositions, their applicability or relevancy, etc. But "all incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate."-RULE XVII, clause 3. Under the practice all questions of order which may arise, pending a question which is not debatable, must be decided without debate. It is customary, however, for the Speaker or chairman of the Committee of the Whole to permit a brief discussion of the point of order, if the question be a new one, which, of course, can only be done by unanimous consent. Pending the election of a Speaker, the Clerk shall decide all questions of order that may arise, subject to appeal to the House.-RULE III, clause 1. While there can be no question of the right of a member to appeal from the decision of the Clerk on incidental "questions of order that may arise" pending the election of a Speaker, there is a question as to his right to appeal from a decision of the Clerk with respect to the roll of members, which, by R. S., sec. 31, the Clerk is required to make up. See decisions of Clerk McPherson, Cong. Globe, 1st sess. 40th, 41st, 42d, 43d, and 44th Congresses, and of Clerk Adams in the 1st sess., 45th, 46th, and 47th Congresses. "If any difficulty arises in point of order during the division, the Speaker is to decide peremptorily, subject to the future censure of the House if irregular."-Manual, p. 170. An appeal can not be taken from the decision of the Chair on a question of recognition.-Journal, 1, 51, p. 177. For the manifest reason that the subject, or power of recognition is entirely within the discretion of the Chair. An appeal may be laid on the table-Journal, 1, 26, p. 529and, being laid on the table, does not carry with it the whole subject.-Ibid., p. 530. Of late years this motion is almost invariably made in case of an appeal; and, if carried, its effect is subtiantially to sustain the decision of the Chair. While it has been occasionally held that an appeal can not be taken in Committee of the Whole, the almost uniform practice has established the right of appeal, which of course can not be laid on the table, as in the House, but must be decided by a vote of the committee, thus directly sustaining or overruling the decision of the Chair. It has been uniformly held that debate on an appeal in the Committee of the Whole can only be closed by unanimous consent, there being no rule of the House touching the matter. It is too late to renew the question of order on the admissibility of a proposition which has been overruled on the preceding day, where debate has been allowed to progress on such proposition.—Journal, 1, 30, p. 989. And it is also too late to raise a question of order on a motion entertained without objection on a former day and entered on the Journal.--Ibid., 2, 30, p. 382; 1, 28, p. 538. A question of order just decided on appeal can not be renewed, even upon the suggestion of additional reasons.-Ibid., 1, 32, p. 935. Where an appeal has been decided, and by virtue of such decision a bill taken up and passed, it is too late to move a reconsideration of a vote on the appeal.-Ibid., 1, 31, pp. 860, 861. An appeal is not in order while another appeal is pending.Cong. Globe, 1, 27, p. 154; 2, 29, p. 290. An appeal can not be withdrawn after the yeas and nays have been ordered thereon.—Journal 1, 51, p. 771. An appeal from the decision of the Chair is not a dilatory motion. Journal 1, 51, p. 1013. The form of stating the question on an appeal is, "Shall the decision of the Chair stand as the judgment of the House?" or if in Committee of the Whole House, "Shall the decision of the Chair stand as the judgment of the committee?" APPORTIONMENT. The Constitution provides (section 2, Article XIV, amendments) that "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed." This provision amended the fi st paragraph of clause 3, section 2, of Article I of the original Constitution (which see, page 3). Under authority of the last quoted clause, Congress pa-sed the act of March 1, 1790 (Stat., vol. 1, p. 101), for the enumeration of the inhabitants of the United States; the act of February 25, 1791, providing that Kentucky and Vermont shall be entitled to two Representatives each until the next apportionment, and the act of April 14, 1792 (Stat., vol. 1, p. 253), the last named act being the first apportionment act, passed under the First Census (1790), the total number of Rep resentatives being fixed at 105, distributed as follows, viz: Under succeeding censuses the number of Representatives to Congress from each State was changed by acts of Congress, of which the following is a complete list, viz: SECOND CENSUS. Act of January 14, 1802 (Stat., vol. 2, p. 128). Ratio of representation, 1 to 33,000; number of Representatives, 141. THIRD CENSUS. Act of December 21, 1811 (Stat., vol. 2, p. 669). Ratio of representation, 1 to 35,000; number of Representa tives, 181. FOURTH CENSUS. Act of March 7, 1822 (Stat., vol. 3, p. 651). Ratio of representation, 1 to 40,000; number of Representatives, 212. FIFTH CENSUS. Act of May 22, 1832 (Stat., vol. 4, p. 516). Ratio of representation, 1 to 47,700; number of Representatives, 240. |