the House to pass the same; which motion was disagreed to, (two-thirds not voting in favor thereof.) Subsequently, By unanimous consent, the said bill was taken from the Speaker's table, read a first and second time, and referred to the Committee on the Public Lands. Mr. Niblack, by unanimous consent, introduced a bill (H. R. 438) in relation to the claims of certain persons in the late insurrectionary States; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. On motion of Mr. Beck, the rules having been suspended for that purpose, (two-thirds voting in favor thereof,) the following resolution was read, considered, and agreed to, viz: Resolved, That it being declared by the second section of the second article of the Constitution "that the President shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur," the House of Representatives do not claim any agency in making treaties; but that when a treaty stipulates regulations on any of the subjects submitted by the Constitution to the power of Congress, it must depend for its execution as to such stipulations on the law or laws to be passed by Congress; and it is the constitutional right and duty of the House of Representatives in all such cases to deliberate on the expediency or inexpediency of carrying such treaty into effect, and to determine and act thereon as in their judgment may be most conducive to the public good. Mr. Beatty, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled bills of the following titles, viz: H. R. 320. An act to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes; H. R. 428. An act to establish post roads; When The Speaker signed the same. Mr. Benjamin F. Butler moved that the rules be suspended so as to enable him to make a personal explanation; And the question being put, It was decided in the affirmative, Nays.. two-thirds voting in favor thereof. JYeas Not voting. 117 23 90 The yeas and nays being desired by one-fifth of the members present, Those who voted in the affirmative are Mr. Ephraim L. Acker Mr. Dudley M. DuBose Mark H. Dunnell Mr. John W. Hazelton Mr. Frank Morey Leonard Myers Mr. Samuel Shellabarger Mr. William L. Stoughton Mr. James N. Tyner 鹽鹽 Alfred M. Waddell Mr. Joseph M. Warren Mr. Edward Y. Rice Mr. Worthington C. Smith And thereupon Mr. Benjamin F. Butler made his explanation. A message was received from the President of the United States, by Mr. Porter, his private secretary, notifying the House that he did this day approve and sign bills of the following titles, viz: H. R. 425. An act to authorize the Secretary of War to give Wisewell barracks to the Beulah Baptist church. H. R. 426. An act for convening the next legislative assembly of the Territory of New Mexico, and for other purposes. H. R. 320. An act to enforce the provisions of the fourteenth amendment of the Constitution of the United States, and for other purposes. H. R. 386. An act authorizing the Secretary of War to place certain condemned cannon at the disposal of the Pennsylvania Military Legion of the city of Philadelphia. H. R. 19. An act making appropriations to supply deficiencies in the appropriations for the service of the year ending June 30, 1871, and for additional appropriations for the service of the year ending June 30, 1872, and for other purposes. H. Res. 42. Joint resolution giving consent of Congress to Professor Joseph Henry, secretary of the Smithsonian Institution, to accept the title and regalia of a Commander of the Royal Norwegian Order of St. Olaf, conferred upon him by the King of Sweden and Norway, Grand Master of said order. H. R. 428. An act to establish post roads. Mr. Dawes, from the committee appointed to wait upon the President of the United States, reported that the committee had performed their duty, and that the President had informed them that he had no further communication to make. Mr. Perce moved that the rules be suspended, so as to enable him to introduce, and the House to consider and pass, a bill to relieve certain persons therein named of their political disabilities; which motion was disagreed to, (two-thirds not voting in favor thereof.) Mr. Kendall moved that the rules be suspended, so as to enable him to introduce, and the House to consider and pass, a bill (H. R. 436) to create an additional land district in the State of Nevada; which motion was agreed to, (two-thirds voting in favor thereof.) So the rules were suspended and the bill passed. Ordered, That the Clerk request the concurrence of the Senate therein. Mr. Morey moved that the rules be suspended, so as to enable him to introduce, and the House to consider and pass, a bill (H. R. 437) authorizing the President of the United States to reestablish the Monroe district in the State of Louisiana; which motion was agreed to, (two-thirds voting in favor thereof.) So the rules were suspended and the bill passed. Mr. Farnsworth, having obtained permission to make a personal explanation, During his remarks he was called to order; On motion of Mr. Cox, he was allowed to proceed in order. By unanimous consent, bills were introduced, read a first and sec ond time, ordered to be printed, and referred as follows, viz: By Mr. McHenry: A bill (H. R. 439) for the benefit of William L. Berry, of Kentucky; By Mr. Sloss: A bill (H. R. 440) for the relief of Dr. John B. Read. Mr. Holman, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to, viz: Resolved, That the Clerk of the House of Representatives be directed to pay to William Henry Hall, employed in the east cloak-room, compensation as laborer for the months of March and April; likewise to Jerry S. Smith and Charles Carter, of the west cloak-room, as such laborers for the same period. The Speaker announced that he had appointed on the part of the House as Visitors to the West Point Military Academy for the present year, Mr. Hawley, Mr. Burdett, and Mr. Campbell. By unanimous consent, leave was granted for the withdrawal from the files of the House of papers as follows, viz: To Mr. McNeeley, in the case of O. W. Ballard; to Mr. Platt, in the case of G. A. Williams; to Mr. Sawyer, in the case of M. P. Norton; to Mr. Taffe, in the case of Robert Wehe; to Mr. Turner, in the case of William Jones; to Mr. Buffinton, in the case of Gales & Seaton; to Mr. Averill in the case of P. S. McDonald; to Mr. Archer, in the case of Patrick McGuire; And then, The hour of 2 o'clock p. m. having arrived, The Speaker, in pursuance of the concurrent resolution of the two Houses, declared the first session of the Forty-second Congress adjourned without day. APPENDIX. STANDING RULES AND ORDERS FOR CONDUCTING BUSINESS IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES At the close of the first session of the Forty-second Congress. TOUCHING THE DUTY OF THE SPEAKER. 1. He shall take the chair every day precisely at the hour to which the House shall have adjourned on the preceding day; shall immediately call the members to order; and, on the appearance of a quorum, shall cause the journal of the preceding day to be read.-April 7, 1789. 2. He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any two members-April 7, 1789; on which appeal no member shall speak more than once, unless by leave of the House.-December 23, 1811. 3. He shall rise to put a question, but may state it sitting.-April 7, 1789. 4. Questions shall be distinctly put in this form, to wit: "As many as are of opinion that (as the question may be) say Ay;" and after the affirmative voice is expressed, "As many as are of the contrary opinion say No." If the Speaker doubt, or a division be called for, the House shall decide; those in the affirmative of the question shall first rise from their seats, and afterward those in the negative. If the Speaker still doubt, or a count be required by at least one-fifth of a quorum of the members, the Speaker shall name two members, one from each side, to tell the members in the affirmative and negative; which being reported, he shall rise and state the decision to the House.-March 16, 1860. 5. The Speaker shall examine and correct the journal before it is read. He shall have a general direction of the hall, and the unappropriated rooms in that part of the Capitol assigned to the House shall be subject to his order and disposal, until the further order of the House. He shall have a right to name any member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment.—December 23, 1811, and May 26, 1824. 6. No person shall be permitted to perform divine service in the chamber occupied by the House of Representatives, unless with the consent of the Speaker.-May 19, 1804. 7. In all cases of ballot by the House the Speaker shall vote; in other cases he shall not be required to vote, unless the House be equally divided, or unless his vote, if given to the minority, will make the divis ion equal; and in case of such equal division the question shall be lost.-April 7, 1789. 8. All acts, addresses, and joint resolutions shall be signed by the Speaker; and all writs, warrants, and subpoenas issued by order of the House shall be under his hand and seal, attested by the Clerk.-November 13, 1794. 9. In case of any disturbance or disorderly conduct in the galleries or lobby, the Speaker (or chairman of the Committee of the Whole House) shall have power to order the same to be cleared.—March 14, 1794. OF THE CLERK AND OTHER OFFICERS. 10. There shall be elected at the commencement of each Congress, to continue in office until their successors are appointed, a Clerk, Sergeantat-arms, Doorkeeper, and Postmaster, each of whom shall take an oath for the true and faithful discharge of the duties of his office, to the best of his knowledge and abilities, and to keep the secrets of the House; and the appointees of the Doorkeeper and Postmaster shall be subject to the approval of the Speaker; and in all cases of election by the House of its officers, the vote shall be taken viva voce.—March 16, 1860. 11. In all cases where other than members of the House may be eligible to an office by the election of the House, there shall be a previous nomination.-April 7, 1789. 12. In all other cases of ballot than for committees, a majority of the votes given shall be necessary to an election; and where there shall not be such a majority on the first ballot, the ballots shall be repeated until a majority be obtained.-April 7, 1789. And in all ballotings blanks shall be rejected and not taken into the count in enumeration of votes or reported by the tellers.-September 15, 1837. 13. It shall be the duty of the Clerk to make and cause to be printed, and delivered to each member, at the commencement of every session of Congress, a list of the reports which it is the duty of any officer or Department of the Government to make to Congress; referring to the act or resolution, and page of the volume of the laws or journal in which it may be contained; and placing under the name of each officer the list of reports required of him to be made, and the time when the report may be expected.-March 13, 1822. 14. It shall be the duty of the Clerk of the House, at the end of each session, to send a printed copy of the journals thereof to the executive and to each branch of the legislature of every State.-November 13, 1794. 15. All questions of order shall be noted by the Clerk with the decision, and put together at the end of the journal of every session.—December 23, 1811. 16. The Clerk shall, within thirty days after the close of each session of Congress, cause to be completed the printing and primary distribution, to members and delegates, of the Journal of the House, together with an accurate index to the same.-June 18, 1832. 17. There shall be retained in the library of the Clerk's office, for the use of the members there, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited in the library.— December 22, 1826. 18. The Clerk shall have preserved for each member of the House an extra copy, in good binding, of all the documents printed by order of either house at each future session of Congress.-February 9, 1831. 19. The Clerk shall make a weekly statement of the resolutions and bills (Senate bills inclusive) upon the Speaker's table, accompanied with a brief reference to the orders and proceedings of the House upon each, |