THE CONGRESSIONAL GLOBE (P. 1416--March 5, 1872)
Relevant Material in RED BOLD FACE
inserting "judges of the Court of Claims." I think they ought to be admitted, any way.
    The amendment was rejected.
    The VICE PRESIDENT.  The question recurs on agreeing to the proposed amendment to the rule as amended.
    The amendment as amended was agreed to.
    Mr. COLE.  Now I demand the regular order.
    Mr. CONKLING.  I wish to make an inquiry of the Chair.  Was the last question upon agreeing to the third clause?
    The VICE PRESIDENT. It was, as amended by the Senate.
    Mr. CONKLING.  So that the subject still remains before the Senate?
    The VICE PRESIDENT. No; it is agreed to now.
    Mr. CONKLING. There is no further vote to be taken?
    The VICE PRESIDENT. No further vote on the amendment ot the forty-seventh rule.
    Mr. CONKLING. Then I ask the Senator from California to allow me to call attention to one thing that will take but a moment, and there may not be another time so appropriate.  The forty-sixth rule provides:
    "Messengers may be introduced in any state of business, except while a question is being put, while the yeas and nays are being called, or while the ballots are being counted."
    This rule very likely means, and by some occupants of the chair it is held to mean, that if a Senator be on the floor for a momentary purpose, making perhaps a single remark, or receiving an answer to a question, if at that time the eye of the Presiding Officer falls upon a messenger, everything is to be suspended, the Senator is to take his seat while this message is received.  I submit that course is not economical of time or convenience, if there be no other objection to it.  I think that is not the way any deliberative body ought to do business.  Some distinguished person comes into court, no matter how distinguished the person is, no matter what his relations to the court may be, it is enough that his communication should be received at the first moment when it can be done conveniently.  But if there be some argument going on, if there be some man upon the floor engaging the court, I think that nobody knows an instance in which any sort of propriety or deference has been held to require that instantly everything must stop in order that the person, no matter of how much consideration, may be heard.
    I should like to have this rule so far amended or so far relaxed in its application that some attention, some heed shall be given to a Senator who may at the time be speaking.  Of course, the Senator will yield at a convenient time.  It happened to me the other day, when the present Presiding Officer was not in the chair, but when the honorable Senator from Rhode Island was presiding, who is one of the last Presiding Officers on earth, I think, that would ever incommode anybody by design, or even by accident, that I was addressing to the Senator from Iowa one single remark, the statement of which, as it appeared in the Globe, did not exceed an inch long; and in the midst of that, it was necessary for me to stop and sit down while the Clerk of the House or Representatives delivered a number of bills, which carried away from the mind and recollection of every Senator any point, had there been a point--I do not insist there was--in the remark I was then making.  If there had been any point, it would have evaporated and vanished entirely before the time came when I could complete my sentence.  I think there should be no rule which constrains any Presiding Officer to be so precise as that; but, on the contrary, when a messenger comes here, if it is necessary for him to wait a minute, or five minutes, until there is a convenient pause when the message may be delivered, that would be a full satisfaction of every courtesy due from the body.  Usually it is not the slightest inconvenience to the speaker that he yields; but sometimes it may be.
    Mr. COLE.  I must call for the regular order.  The Senator does not offer any proposition.
    Mr. CONKLING.  I have a proposition.  I was under a misapprehension in supposing that the vote was being taken on the amendment to the amendment.
    The VICE PRESIDENT. It was on the amendment to the rule as amended.
    Mr. CONKLING. The final vote was taken without my knowing it.  I meant to have offered this:
    Add to rule forty-six, "but when a Senator is speaking it shall be optional with him to yield or not."
    I make that as a mere suggestion.  Very likely there is a better way of getting at it, but in some form I would like a rule which would relieve the Presiding Officer from the necessity of introducing a messenger at a moment which may be inconvenient.
    Mr. COLE.  That would have to be proposed, and go over one day at any rate.
    Mr. ANTHONY.  If there is any fault, it is because the Presiding Officer is to judge when a Senator shall be interrupted, and is liable to make a mistake.  I do not think it is done intentionally; but if it were left optional with the speaker whether he should be interrupted or not; where should we be?  I have known a speaker to hold the floor four days, and a man who would not consent to be interrupted either.
    Mr. CONKLING.  The Senator from Rhode Island is a little too liberal in his construction here.  "Messengers may be introduced in any state of business."
    Mr. ANTHONY.  "May be," not "shall be."
    Mr. CONKLING.  I understand; but if I was willing to take time I might show that "may be" does not mean anything very different from "shall be" there: "In any state of business except while a question is being put, while the yeas and nays are being called, or while the ballots are being counted."  Now, the Senator says that if this rule is amended so as to make it optional for a Senator to yield or not, he may hold the floor four days.  Let me remind the Senator that he is not taken off the floor by interruption; he resumes the floor at once, and if he wants to hold the floor four days, he can prevent any sort of action on a message of the President, executive or otherwise.  Therefore it does not put it in the power of a Senator to interrupt the business of the Senate in any case more than now.
    Mr. EDMUNDS.  It would interrupt the messenger.
    Mr. CONKLING.  Yes, he might interrupt the messenger.
    Mr. POMEROY.  I wish to call the attention of the Senator from New York to the reason of the rule, and why I think there would be great inconvenience as well as great impropriety in allowing a Senator the option of yielding the floor or not.  These messages are from coördinate branches of the Government, from the President or House of Representatives, and they should have precedence over a Senator in being presented here.  But the Presiding Officer always has the discretion to call on the Senator who may be on the floor to yield at some convenient period in his remarks.  I think that discretion is always used by the Presiding Officer, and should be.
    Mr. CONKLING.  I think the rule gives very little discretion.
    Mr. POMEROY.  I do not think the rule should be changed so that messengers from the coördinate departments of the Government should wait the pleasure of a Senator whether he would let them communicate to the Senate or not.
    Mr. COLE.  That cannot be considered at this time anyway.  I demand the regular order.
    Mr. CONKLING.  I take no exception to that, although I have said to the Senate that this was a surprise to me.  I was under an entire misapprehension; I should have offered my amendment but that I supposed the last vote taken was a vote on an amendment to the amendment.
    Mr. TRUMBULL.  There is another rule pending.  We are not through with the report yet.
    Mr. CONKLING.  Then, on the suggestion of the Senator from Illinois, I will move my amendment, which may not be a very good one in form, to the other rule, which he says is pending.
    Mr. TRUMBULL.  I understand there is one pending.
    The VICE PRESIDENT.  There is one pending.  The Chair will state to the Senator from New York that the previous proposition was an amendment to the forty-seventh rule, and his amendment is to the forty-sixth rule.
    Mr. CONKLING.  The Chair is quite right.
    The VICE PRESIDENT.  The Chair will state now that is has always been his custom in presiding at the other end of the Capitol, as well as in this branch of Congress, to wait until a member has completed a sentence where he might probably be interrupted with less inconvenience to himself than at any other point, before he announced a message from the President or from the other House.  Sometimes the messengers desire to return as soon as possible to official duties, and therefore the Chair has sometimes asked Senators to pause when they would perhaps have preferred to wait a moment or two longer.
    Mr. COLE.  I call for the regular order.
    The VICE PRESIDENT.  The Chair desires to draw the attention of the Senate to the fact that in the forty-seventh rule there are now two surplus "ands.  If there is no objection the Secretary will be authorized to omit them in preparing this rule for publication.  One "and" will be inserted before the last clause, "the Librarian of Congress," and the others omitted if there is no objection.  The Secretary will make that verbal correction.


A message from the President of the United States, by Mr. Horace Porter, his Secretary, announced that the President had on the 2d instant approved and signed the following acts:
    An act (S. No. 392) to set apart a certain tract of land lying near the headwaters of the Yellowstone river as a public park.
    An act (S. No. 423) for the relief of Julia A. Smith;
    An act (S. No. 550) to constitute Shreveport, in the State of Louisiana, a port of delivery; and
    An act (S. No. 675) granting to James D. Dana the use of certain plates.
    The message also announced that the President had on this day approved and signed an act (S. No. 445) to defray the expenses of district judges from other districts while holding district or circuit courts in the southern district of New York.


    A message from the House of Representatives, by Mr. McPHERSON, its Clerk, announced that the House had passed the following bills; in which the concurrence of the Senate was requested:
    A bill (H. R. No. 1390) for the relief of the sureties of the late Jesse J. Simpkins, deceased;
    A bill (H. R. no. 1857) to relieve certain citizens of Georgia therein named from their political disabilities;
    A bill (H. R. No. 1858) to relieve certain persons therein named from political disabilities; and,
    A bill (H. R. No. 1854) to authorize Rev. Jeremiah Moynihan, of New Orleans to import one set of marble altars free of duty.
    The message also announced that the House...

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