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go back.

ought to follow that. There is no necessity for such Rev. WILLIAM F. ADAMS, of Louisiana. a committee, unless there are amendments to the Rev. WALTER AYRAULT, of Central New York. Constitution to be proposed.

Rev. THEODORE P. BARBER, of Easton. Rev. Dr. WILLIAMS, of Georgia. Is that in Rev. MARCELLUS A. HERRICK, of New Hamporder? We have passed over that matter.

shire. The PRESIDENT. I do not think it is in order to Rev. RICHARD M. ABERCROMBIE, of New

Jersey. Mr. COMSTOCK, of Central New York. We Mr. HARRY I. BODLEY, of Missouri. have a Committee on Canons. Let us have one on Mr. ARMAND J. DE ROSSET, of North Carolina. the Constitution.

Mr. CAMBRIDGE LIVINGSTON, of New York, Mr. MASSIE, of Virginia. This is only to pre- Mr. AUGUSTUS H. MOSS, of Ohio. serve the symmetry of our committees. We have Mr. WILLIAM WELSH, of Pennsylvania. a Committee on Canons, not on amendments to Mr. JEREMIAH C. GARTHWAITE, of New Canons.

Jersey. Rev. Mr. AYRAULT, of Central New York. We

COMMITTEE ON CANONS. can make a canon, but we cannot make a constitution. The proper title is “Committee on Amend- Rev. Dr. MEAD, of Connecticut, submitted the ments of the Constitution,” not "on the Constitu

following reports: tion.'

REPORT No. 1. The PRESIDENT. It is evident the amendment is not favored by the House, and therefore I will

The Committee on Canons respectfully report put the motion made by Dr. Beach on the adoption

that on the morning of the third day of the session of the rules as amended. The question is on that

they met for organization, the Rev. William Cooper motion,

Mead, D.D., being Chairman, and appointed the Rev. The motion was agreed to.

Francis Harrison to be their secretary.

By order of the Committee.


Chairman, The PRESIDENT. I will now give notice of the October 9, 1874. appointment of additional committees. There is

REPORT No. 2. one indeed under the old rule which has not yet been announced-the Committee on Christian Edu- The Committee on Canons, to whom was referred cation. I appoint on that committee

a proposed addition to the Standing Order of the Rev. HENRY A. COIT, of New Hampshire.

House, respectfully report that they have considered Rev. CHARLES MINNÍGERODE, of Virginia.

the same, and recommend the adoption of the fol

lowing : Rev. DANIEL R. GOODWIN, of Pennsylvania.

“Section 3. The Secretary of the House of Deputies Rev. ALDERT SMEDES, of North Carolina.

and the Treasurer of the Convention, although not Rev. GEORGE BECKETT, of Georgia,

returned as Deputies to the Convention, shall be Rev. EDWIN E. JOHNSON, of Connecticut.

entitled to seats upon the floor of the House, and, Rev. GILES A. EASTON, of California. Mr. NATHANIEL H. R. DAWSON, of Alabama.

with the approval of the President, to speak on the Mr. HENRY COPPEE, of Central Pennsylvania.

subjects of their respective offices.

" Section 4. This order shall always be printed at Mr. JOHN B. HOWE, of Indiana. Mr. CHARLES J. JENKINS, of Georgia.

the close of the Digest, as well as prefixed to the Mr. GEORGE C. SHATTUCK, of Massachusetts.

Journal, with the date of its adoption."

By order of the Committee. Mr. ISAAC ATWATER, of Minnesota.

(Signed) WM. COOPER MEAD. As the Committee on Amendments to the Consti- October 9, 1874. tution, I appoint :

Rev. Dr. BEACH, of New York. I move the Rev. CHARLES H. HALL, of Long Island. Rev. THOMAS U. DUDLEY, of Maryland.

adoption of the resolution contained in Report

No. 2. Rev. BENJAMIN A. ROGERS, of Texas.

Rev. Dr. WILLIAMS, of Georgia. It has to go For a reason which will be apparent to the House, on the Calendar and come up to-morrow. I have appointed but three clergymen on that com- The PRESIDENT. The rule is that the Secretary mittee, and the following make up the rest of the shall keep a Calendar of business, on which reports committee :

of committees, resolutions which lie over, and other Mr. MORRISON R. WAITE, of Ohio.

matters undisposed of shall be placed in the order Mr. R. C. L. MONCURE, of Virginia.

in which they are presented, so that this matter Mr. JAMES M. WOOLWORTH, of Nebraska. may be disposed of now, and the motion is made to Mr. GEORGE F. COMSTOCK, of Central New adopt this resolution of the Committee on Canons. York.

The motion was agreed to. Mr. ELI T. WILDER, of Minnesota.

The PRESIDENT. The hour of adjournment Mr. JOHN W. STEVENSON, of Kentucky.

having arrived, the House stands adjourned until Mr. EDWARD MCCRADY, of South Carolina. to-morrow at the usual hour. Mr. SAMUEL B. RUGGLES, of New York. Mr. CORTLANDT PARKER, of New Jersey. Mr. GEORGE W. RACE, of Louisiana.

FOURTH DAY. It is important, as I have long thought that the wealth of intellectual power which this Church has

SATURDAY, October 10. the privilege to possess in her laity, as represented

The Convention assembled in St. John's Chapel in this Convention and in all her Conventions,

at 10 A. M. should be utilized, and we put that duty upon those

Morning Prayer was said to the end of the Psalter distinguished men.

by Rev. Giles A. Easton, of California. The LesAs the Committee on Memorials of Deceased Mem

sons were read by Rev. Edwin M. Van Deusen, D.D., bers, I have appointed :

of Central New York. The Creed and Prayers Rev. ALEXANDER BURGESS, of Massachusetts. were said by Rev. William Paret, D.D., of Central Rev. SAMUEL CHASE, of Illinois.

Pennsylvania. The Benediction was pronounced

by the Right Reverend William Mercer Green, D.D., and other matters undisposed of shall be placed in Bishop of Mississippi.

the order in which they are presented." The minutes of yesterday's proceedings were read The PRESIDENT. That settles the matter. It and approved.

designates the disposition which shall be made of


Mr. MONTGOMERY, of Western New York. I Rev. Dr. COOKE, of New York. The Commit- rise to make a simple suggestion as a matter of contee on the Consecration of Bishops have a report to

venience. I suppose this business goes on the Calenmake. Before making the report I beg to call your

dar, and will come up, being first in the order of busattention, Mr. President, to the seventeenth rule of iness, on Monday. I suggest that either at that time order, as adopted yesterday, and to enquire whether

or now we make it a special order of business at the the rule will be considered by the President as ap

opening of the Convention. We can do so when it plying to the report which is now to be made : comes up on the Calendar or now. I would make it

the special order of business at the opening of the “Whenever the election or confirmation of a

Convention, immediately after Divine service. That Bishop is under consideration, the House shall sit will obviate the necessity of compelling persons to with closed doors.”

remove from the House, and it will then only be The PRESIDENT. I should not think, speaking

necessary for the ushers to close the House and not

admit persons from the outside until we get through promptly on the question, that such a question was that order of business. This would be much more under consideration when the report was merely

agreeable, I think, to the Convention and to persons being made. It will come under consideration when

| without. the report is before us.

I make the suggestion, not for the purpose of inRev. Dr. COOKE, of New York. I submit the

terfering with these reports on the Calendar, but for following report :

the purpose of giving notice that, when they come The Committee on the Consecration of Bishops

up on Monday as the first business in order on the have had before them the testimonials referred to Calendar, I shall move that they be made the special them of the Rev. Edward R. Welles, D.D., Bishop

order on the opening of the Convention on the folelect of the Diocese of Wisconsin, and find after lowing day, immediately after Divine service. examination that all the rules and Canons of this

Mr. WELSH, of Pennsylvania. Does the gentleChurch touching the election of a Bishop have been

man not know that there are already some matters complied with in the case under consideration. The

on the Calendar in advance of this? Committee therefore submit for the consideration Mr. MONTGOMERY, of Western New York. I and action of the House the customary resolutions :

was not aware of it. “ Resolved, That the House of Clerical and Lay

Mr. WELSH, of Pennsylvania. There are. Deputies approve of the testimonials of the Rev. Mr. MONTGOMERY, of Western New York. Edward R. Welles, D.D., Bishop-elect of the Diocese But as it is always allowable to make a special of Wisconsin, and give their consent to his conse

order, I will move, at the suggestion of gentlemen cration.

around me, that this be made the special order on “Resolved, That the House proceed to sign the the opening of the Convention immediately after proper certificate to be presented to the House of Divine service on Tuesday next. I will not include Bishops."

in my motion the direction to the ushers not to ad

mit any person into the House, but of course that I also, from the same Committee, submit the fol- direction will be given by the proper officer. lowing report:

The PRESIDENT. It will require a two-thirds “The Committee on the Consecration of Bishops

vote to pass that resolution. have had before them the testimonials referred to

Mr. MONTGOMERY, of Western New York. them of the Rev. George F. Seymour, D.D., Bishop

To make a special order? elect of the Diocese of Illinois, and find, after ex

The PRESIDENT. In the form presented, beamination, that all the rules and Canons of this

cause it repeals a rule of order already made. Church touching the election of a Bishop have been

Mr. MONTGOMERY, of Western New York. complied with in the case under consideration. The

Let us see, sir. We go to the Calendar at twelve Committee therefore submit for the consideration

o'clock, unless there be an order of the day. I and action of the House the customary resolutions :

think the seventh rule contemplates the universal “Resolved, That the House of Clerical and Lay

practice of all bodies to make an order of the day, Deputies approve of the testimonials of the Rev.

and that this rule is in subordination to that genGeorge F. Seymour, D.D., Bishop-elect of the Di

eral principle. ocese of Illinois, and give their consent to his con- to the Calendar, but it is because the rules distinctly

The PRESIDENT. My decision has no reference secration.

“Resolved, that the House proceed to sign the specify the order of business. Of course, the House proper certificate to be presented to the House of it will require a two-thirds vote to do so.

can suspend the rule of order for this purpose, but Bishops.

Mr. BURGWIN, of Pittsburgh. Do I understand Mr. CHURCHILL, of Kentucky. Mr. Presi- the Chair to decide that the House cannot, except dent

by a vote of two-thirds, fix any matter as a special The PRESIDENT. The Chairman of the Com- order for any particular time mittee will please indicate what disposition he The PRESIDENT. At any particular time which wishes to make of the reports just made-whether violates the order of business as prescribed by the they shall lie over or not.

rules. The Rev. Dr. COOKE, of New York. The Com- Mr. BURGWIN, of Pittsburgh. But the 7th Rule mittee present the reports and resolutions for the prescribes that the Calendar shall be taken up at 12 action of the House.

o'clock. Mr. BURGWIN, of Pittsburgh. A report when Mr. MONTGOMERY, of Western New York. I made, under the rules adopted yesterday, goes down understand the rule to be (and I think those wise in on the Calendar, and will come up in its order as a parliamentary law will sustain me) that the matter matter of course. I call attention to Rule 6: “The of making anything a special order is part of the Secretary shall keep a Calendar of business, on which control of its proceedings which exists in every dereports from committees, resolutions which lie over, liberative body by a mere majority at all times. It does not conflict with anything, but simply post- Rev. Mr. DOUGLAS, of Mississippi. I present a pones to a particular time the matter in hand, and memorial of the Diocese of Mississippi in regard to fixes when it shall be taken up. However, if the the Nicene Creed. As this memorial has already Chair is of the opinion he has indicated, I will not been read in substance, I move its reference to the insist on this motion, but will pursue the course Committee on the Prayer-Book. which I stated before, and when these reports are The motion was agreed to. called up in their place on the Calendar, on Mon- Rev. Dr. Payne, of Albany ; Rev. Mr. Schuyler, day, I will move to make them the order of business of Missouri ; Rev. Mr. Rogers, of Texas ; Rev. Mr. for Tuesday morning.

Trimble, of Arkansas ; Rev. Dr. Scarborough, of

Pittsburgh ; Rev. Dr. Stringfellow, of Alabama ; ORGANIZATIONS AFFECTED BY CHICAGO FIRE. and Rev. Mr. Bliss, of Vermont, presented meRev. Dr. LOCKE, of Mlinois, submitted the fol

morials on the same subject from their respective lowing report :

Dioceses, which were referred to the Committee on “The Rev. Dr. Locke, who was appointed by the

the Prayer-Book. last General Convention, with the Bishop and Clergy

COURT OF APPEAL. of Chicago, a committee to receive and distribute the alms of the Church contributed for the relief of ! Mr. BURGWIN, of Pittsburgh. I have a memorial the Church organizations disabled by the Chicago of the Diocese of Pittsburgh, asking this General fire, feels that it devolves upon him, the Bishop be- Convention to take such steps as will result in the ing dead, to report the amount and the use of those establishment of a Court of Appeal, and I ask that alms.

it be referred to the Committee on Canons, “He submits, then, the following report, omitting Rev. Mr. ROGERS, of Texas. I have a memorial of all the several items and stating the gross amounts. the same nature froui the Diocese of Texas. The items are not necessary, for every one has been Mr. RUGGLES, of New York. In behalf of the separately acknowledged to the donor at the time Committee on Amendments to the Constitution, I of receipt:

submit that the measure suggested will require an CHURCH RELIEF FUND.

amendment of the Constitution, and the question Dr.

should properly go to that Committee, and not to

the Committee on Canons. Receipts by Dr. Locke,

$22,793 05

Mr. COMSTOCK, of Central New York. The Receipts by Bishop Whitehouse,

20,101 69

Committee on Canons at the last Convention, if I Interest on same,

723 16 Receipts by Dr. Locke for church

remember aright, reported on the subject, and re

ported that it involved an amendment to the ConHospital,

2,435 65

stitution. I think, therefore, the appropriate referReceipts by Dr. Locke för personal dis

ence is to the Committee on Amendments to the tribution,

4,660 76


Mr. BURGWIN, of Pittsburgh. We are certain

$50,714 31 ly not bound by the action of the last Committee on Cr.

Canons. The House did not approve of the report, Clergy-Personal Relief,

$3,500 87 and, of
course, it now

an open ques. Charity Fund,

5,937 81

tion. This memorial which I have presented Churches-Trinity Church,

5,000 00 does not in form ask for change of the ConSt. James' " Holy Communion,

1,500 00 referred to the Committee on changes in the Con. St. Luke's Hospital,

1,100 00 stitution. If the Committee on Canons should St. Ansgarius, Swedish, for lots,

8,950 00 come to the conclusion that it does require a change “ for Church Build

in the Constitution, then the proper action can be ing,

10,942 54 had : they will so report to the House and have it Paid

by Dr. Locke to St. Luke's Hospital, 2,435 65 sent to the Committee on Amendments to the ConDistributed by him,

4,660 76 stitution ; but until they have so reported, there Mayor, Chicago, special,

128 41 being nothing in the memorial which looks to a Charges, Freight, etc.,

32 96 change in the Constitution, it seems to me that the Balance in hand for Ascension Church," 2,189 44 proper committee to receive it, in the first place, is

the Committee on Canons.

$50,714 31 Mr. COMSTOCK, of Central New York. I wish “Besides all this, large sums were sent to individ

to ask a question. Did not the Committee on ual clergy, which are not here reported, because they never came before the Committee, and there were

quired an amendment to the Constitution ? also immense supplies of clothing and stores sent to

Mr. BURGWIN, of Pittsburgh. There was a reeach parish, all of which was acknowledged and

port to that effect, but that report was withdrawn faithfully distributed.

and another report subsequently presented, which “The undersigned, on behalf of all the Churches,

never was acted upon, on account of the late period so severely injured by the fire, and especially on be

of the session at which the report was made. half of the Church Hospital, of which he is the

There was a division of opinion in that Committee, President, begs leave gratefully to acknowledge the

as to whether a change in the Constitution was abundant generosity of the General Church,

necessary or not; but even if that Committee had ** CLINTON LOCKE,

been unanimous that it did require a change in the “Treasurer appointed by General Convention

Constitution, the action of that Committee would of 1871, of Chicago Relief Fund."

not foreclose the case and prevent its going before

the present Committee, who may think differently, Rev. Dr. MEAD, of Connecticut. I move that

and by an equally unanimous vote decide that a this report be printed on the Journal and the Com- Canon is sufficient for the purpose. mittee discharged.

Mr. COMSTOCK, of Central New York. I am The motion was agreed to.

not willing to undertake the labor of preparing a THE NICENE CREED.

system for a Court of Appeals, and therefore I

withdraw my motion. The PRESIDENT. Petitions and memorials are Mr. RUGGLES, of New York. The motion I now in order.

made does not rest at all upon the action of the last





Committee on Canons ; it rests on the intrinsic na- he himself retracted, they will establish a danger ture of the thing itself. How is it possible to establish ous precedent. a Court of Appeals in this Church without a funda- Mr. RACE, of Louisiana. I rise to a question mental, radical, and vital change in the Constitution? of order. This debate is going to be prolonged conIt is the most important tribunal that could possibly siderably from present appearances, and I revoke be made. We have established a committee for the the twelfth rule of order : “There shall be no devery purpose of considering amendments to the bate upon a resolution which proposes to refer any Constitution in all their length and breadth-in all matter to a committee, or upon a motion to recomtheir gravity ; and I do insist for that Committee mit any subject which has been before a comthat they are entitled to examine the subject. It mittee." ought to go to that Committee, and none other, to The PRESIDENT. I was about to bring that rule take primary action ; therefore I renew my motion of order to the attention of the House. that the memorial be referred to the Committee on Mr. RACE, of Louisiana. It is a new rule. We Amendments to the Constitution.

are not yet familiar with it. I call attention to it Mr. BURGWIN, of Pittsburgh. As long as I am now, that we may stop this debate. sustained in the opinion which I do entertain by The PRESIDENT. "I do not know that we can the Hon. Murray Hoffman, that a change in the do it under that rule. I was about to mention Constitution is not necessary to establish a Court of it myself as an illustration of the impossibility of Appeals, I insist upon my motion that this memo- using human language so as to control human action rial go before the Committee on Canons. He has a in the diversity of human affairs. It says, “There long discussion of the matter, as will be found by shall be no debate upon a resolution which proposes any gentleman reading his book on the Church, to refer any matter to a committee ; " but here and comes to the final conclusion that a change in comes up the question whether this memorial shall the Constitution is not necessary. Members of the pre- be referred to one committee or another, and thereSent House probably who were members of the House fore the letter of the rule hardly applies. of 1850 and 1853 will remember that the Committee Rev. Dr. MEAD, of Connecticut. I wish to state on Canons, composed in part of Dr. Hawks, Judge to my friend from Pittsburgh the fact that heretoHoffman, Judge Chambers, and Hugh Davy Evans, fore we have had no Committee on Amendments to of Maryland, reported a Canon providing for the the Constitution, and that this very morning a meestablishment of a Court of Appeal. The constitu- morial came before the Committee on Canons, on tional question was then scarcely raised. The which I hold now in my hand the action of that Canon failed, not because of any constitutional ob- Committee, for the purpose of presenting it at the jection, but because of another matter which it is proper time to the House, to be referred to this not now necessary to allude to. But those gentle- very Committee on Amendments to the Conmen, whose authority I presume will be acknowl- stitution, because the Committee on Canons, edged by every member of this House, were of the

deem, has nothing to do with it. opinion that this tribunal could be provided Therefore, I respectfully suggest that he consent to without changing the Constitution. I think the reference at once of this

matter to the Commitat all events, prima facie, it goes to the tee on Constitutional Amendments. It would be Committee on Canons, because the memorial sent from the Committee on Canons in the end, itself does not ask for a change in the Consti- undoubtedly to the Committee on Amendments of tution, and we have no right to presume that it does the Constitution, and I want to simplify the busirequire a change of the Constitution until the Com- ness. mittee to whom we refer it, and who prima facie Mr. MONTGOMERY, of Western New York. I are the proper recipients of it, shall so report to the House. "If the memorial itself asked for a change

rise to a question of order, A point of order was

made, and the Chair ruled that this matter could of the Constitution, then as a matter of course it

not be debated, but must go to a committee withshould go to the Committee on Amendments of

out debate. I raise the point of order that the the Constitution ; but inasmuch as it does not,

comes not within that rule. When that the proper committee is the Committee on Can- rule was under discussion, I went to a very distin

guished gentleman learned and familiar with parliaMr. RUGGLES, of New York. I wish to state a mentary law, and told him that this very doubt historical fact which I happen to know as to the au- would arise on the first thing that came before the thority of Judge Hoffman. It is true that the ef- Convention. I think a resolution to refer is not a fort was first made before the Committee on Canons motion to refer a matter before the House. A resoas far back as 1850), but it was found not practicable lution to refer a matter relates to a resolution which to carry it through, and thereupon a constitutional.' for the first time brings a subject before the House. amendment was proposed for a Court of Appeal by It does not refer to a motion to commit a matter Judge Hoffman himself, and that was passed with which comes before the House in the ordinary way. hardly an objection in the General Convention of I want the ruling settled now as to that ques1856, I had the honor to take a seat for the first time tion of order, for it lies at the foundation of our in the Convention at Richmond in 1859, when the whole proceedings. Let me explain. If a matter measure was brought up for its second reading as a is introduced here that has not been before a comconstitutional amendment. I felt it my duty on mittee, and discussion takes place upon it, a motion that occasion (in which I was strongly seconded by to commit it to a committee is debatable under our my reverend friend from Virginia, Dr. Andrews, rules. If, however, a gentleman comes upon the who knows the fact) to rise at once, and oppose that floor and offers a resolution declaring that such and amendment as destructive of all the usages of the such a subject be referred to a committee to report Church. It was argued at great length at Rich- on it to this House, that cannot be debated. That mond, and the Court of Appeals was voted is the difference. If it be a matter introduced and down by a vote by orders of 29 to 3. entertained by this House, the mere motion to comThat is historical fact. It has always mit it is debatable, because the very next clause in that been deemed a subject of constitutional provision. same rule says that a motion to recommit shall not If in the face and eyes of all that, this body is now be debatable, and by strong implication a motion to ready to really displace the Committee on Amend- commit for the first time a matter that has never ments to the Constitution who ought to examine been before a committee, and is introduced originalthis matter, and send it to the Committee on Canons ly in the form of a motion to refer, is debatable. I upon the mere ipse dixit of Judge Hoffman, which want that settled.





Mr. RACE, of Louisiana. I maintain that the leave of the House." The Chair made a decision. gentleman makes a distinction without a difference. I appeal from that decision. The twelfth rule of order says :

The PRESIDENT. An appeal is made from the “There shall be no debate upon a resolution decision of the Chair. which proposes to refer "-What To refer that Rev. Mr. ROGERS, of Texas. Let me suggest a resolution, as the gentleman's argument indicates ? point of order. The decision of the Chair is now No ; but,"any subject."

not pertinent. We stand on the original motion as Rev. Dr. PÅRET, of Central Pennsylvania. I amended, and the Chair may make his decision upon rise to a point of order. The rule says that the that, and the subject is withdrawn from the House Chair shall decide al questions of order without de- on which the gentleman wishes to appeal. bate.

Rev. Dr. STEARNS, of Easton. "The Chair has The PRESIDENT. The Chair listened very at- decided already: tentively to one gentleman making his point of Rev. Dr. MEAD, of Connecticut. I hold that the order. In order that the mind of the Chair might duty of the Chair, under the rule, is to take the be informed, he was willing to listen to an argu- original motion, if there be no amendment, and put ment on the other side. I believe that is legitimate. the question to the House, and if the House vote When the Chair decides a question, of course he "aye," to send it to that committee ; and there is can do it without allowing anybody to debate. an end of it. If an amendment is moved, the Chair

Rev. Dr. PARET, of Central Pennsylvania. I should put the question on the amendment without ask for the decision of the point of order.

debate. The PRESIDENT. I can easily decide it. I do The PRESIDENT. I believe that is right. not require any argument on the opposite side on Rev. Dr. MEAD, of Connecticut. If there be an the point of order made by Mr. Montgomery. I de- ' appeal from the decision of the Chair, that is ancide that there can be no debate on a resolution other question. which proposes to refer any matter to a committee.

The PRESIDENT. I believe that is right, and But the question before us is, as I stated, a variation therefore the appeal now lies. I have decided that of the rule. It is as to which committee this memo- a motion to refer must be without debate, except rial shall be referred. Whether the variation is the five minutes allowed to the proposer of it. sufficient to justify debate I do not know, and I will Mr. BURGWIN, of Pittsburgh. I propose to ask the opinion of this House upon that point before modify my motion. we proceed further.

The PRESIDENT. Does the gentleman from Rev. Dr. STEARNS, of Easton. Is it competent Easton withdraw his appeal to admit the modificato take an appeal from the decision of the Chair, tion? made just now, as to whether debate is in order ? Rev. Dr. STEARNS, of Easton. Can I renew the

The PRESIDENT. No, because that is an abstract appeal? question, which is not before us. The question be

The PRESIDENT. Of course. fore us is whether there is a sufficient variation Mr. BURGWIN, of Pittsburgh. In deference to from the rule in the contest which has sprung up, to the opinion of the Chairman of the Committee on justify debate as to the committee to which this Canons, I modify my motion so as to move that memorial should be referred.

the memorial be referred to the Committee on Rev. Dr. STEARNS, of Easton. I understand Amendments to the Constitution, to report to this that ; but the Chair just now decided that a motion House whether it requires a change in the Constituto commit is not debatable under any circum- tion to establish a Court of Appeals. If they shall stances ; and if that is to apply to the House during so report, then, of course, we shall have the matter the present session, I wish to take an appeal from before us to decide. If they report to the contrary, that decision. This the only time we can take an then this memorial will go before the Committee on appeal, I suppose, from

that decision of the Chair. Canons, if the House so decide, to prepare and reThe PRESIDENT. That question is not now be- port to the House a plan for a Court of Appeal. fore us.

The PRESIDENT. The motion now is to refer to Rev. Dr. STEARNS, of Easton. The Chair de- the Committee on Amendments to the Constitution. cided the question, and I take an appeal from his Mr. BURGWIN, of Pittsburgh. Simply to redecision.

port upon this one point, as to whether a change in Mr. BURGWIN, of Pittsburgh. Mr. President, if the Constitution is required to establish a Court of it is desirable to have this question decided now, I Appeal. have no objection to having it decided; but I was The PRESIDENT. Is the resolution in writing about to modify the motion as first made, so as pos- to that effect : sibly to relieve the House from further discussion. Mr. BURGWIN, of Pittsburgh. I have not writ

Rev. Mr. ROGERS, of Texas. I rise to a point of ten it, but it can be reduced to writing in a moorder. The gentleman has made a motion to com- ment. mit to the Committee on Canons. That is not de- Mr. COMSTOCK, of Central New York. That batable; but there comes in an amendment, a dif- suggestion, I think, ought to be satisfactory to ferent proposition as a substitute, to commit to an- every member of the House. other committee. Now, that stands before the Rev. Dr. STEARNS, of Easton. There is no House as the subject for decision, and is not debata- question about that, but my appeal was on another ble either.

point. Rev. Dr. FARRINGTON, of New Jersey. It is Rev. Dr. PETTIS, of Kentucky. I rise to a questwelve o'clock, and I call for the order of the day. tion of order, that it is past 12 o'clock, and we must

Rev. Dr. MEAD, of Connecticut. The question proceed to the order of the day. should be put on the amendment first without de- Rev. Mr. ROGERS, of Texas. I ask that the resobate, and then on the original proposition, if lution relating to a change of the Constitution be the amendment is voted down, without debate. referred to the Committee on Amendments to the (“Right."]

Constitution. I make that motion. Rev. Dr. STEARNS, of Easton. The eighteenth The PRESIDENT. The rule must first be susrule says:

pended so as to refer the matter of the Texas me“All questions of order shall be decided by the

morial to the Committee on Amendments to the Chair without debate ; but any member may ap

: Constitution. peal from such decision; and on such appeal no Rev. Dr. MEAD, of Connecticut. The Committee member shall speak more than once without express on Canons are prepared to report back the memorial

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