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The preamble and resolution, I believe, explain themselves. I have no desire to make any remarks concerning them, but will ask that they be read by the Secretary, and then referred to the Committee on Canons.

The preamble and resolution were read and referred to the Committee on Canons.

THE BAPTISMAL SERVICE.

Rev. Dr. VINTON, of Massachusetts. I hold in my hand a petition of five hundred and one clergymen of the Church asking for a modification of two Rubrics in the Service for the Baptism of Infantsthe alteration of the word "shall" after "may" in one case, and the alteration of a Rubric so as to allow of an alternate prayer in another case. I move the reference of this petition to the Committee on Can

ons.

Rev. Dr. WILLIAMS, of Georgia. Ought it not to go to the Committee on the Prayer-Book!

Rev. Dr. VINTON, of Massachusetts. I say the Committee on Canons, not the Committee on the Prayer-Book; for this is a question of law; it is not a question touching the genuineness of the text at all.

The PRESIDENT. The question is on the motion to refer the petition to the Committee on Canons.

The motion was agreed to.

USE OF THE PRAYER-BOOK.

The Rev. Dr. CADY, of New York. It will be remembered by some of the Deputies who were members of this House at the last General Convention, that this body passed a Canon entitled "Canon 20, Of the Use of the Book of Common Prayer," designed to afford the clergy of the Church the liberty of using under certain circumstances shortened forms of prayers. This Canon, however, the House of Bishops did not concur in, and the matter was not brought up again in this body at its last session. Since that time, however, the Church of England has acted upon this subject. The Convocations of Canterbury and York have passed a law authorizing the clergy under certain circumstances to use shortened services, and the Imperial Parliament of Great Britain has given its sanction to this action of the Convocations; and therefore there is now in England full liberty under certain prescribed circumstances for using shortened services. Some months ago, the Rev. Dr. Haight, who took great interest in the matter, prepared a proposed Canon on this same subject, and sent copies of it to some of his intimate friends whom he supposed to be interested in liturgical subjects. In his absence, and for him, I beg leave to present a proposed Canon on the use of the Book of Common Prayer, and to move that it be referred to the Committee on Canons.

The Secretary read the proposed Canon, as follows:

Canon 20. Of the Use of the Book of Common Prayer.

SEC. I. Every minister shall, on all occasions of public worship, use the Book of Common Prayer as the same is or may be established by the authority of the General Convention of this Church; and this rule shall be understood to prohibit all additions to, and omissions from, the prescribed order of said Book, except in the cases prescribed by Section 14 of Canon 13, Title I., and also except in so far as is hereafter in this Canon otherwise provided.

SEC. II. On any days other than Sunday, Christmas Day, Ash-Wednesday, Good-Friday, or Ascension Day, in lieu of the order for Morning Prayer or for Evening Prayer, as set forth in Book of Common Prayer, there be used a shortened form taken from such order.

SEC. III. [1.] The shortened form of Morning Prayer shall consist of

One or more of the Sentences;

The General Confession ;

The Declaration of Absolution;

The Lord's Prayer, with the versicles following: One or more of the Psalms for the Day (or of the Selected Psalms);

One of the Appointed Lessons ;

The Te Deum, or Benedicite, or Jubilate, or Benedictus;

The Apostles' (or Nicene) Creed, with the versicles following;

The Collect for the Day;

The Collects for Peace and for Grace;
The Prayer of St. Chrysostom;
"The Grace of our Lord," etc.

[2.] On Wednesdays and Fridays-not being Christmas Day, Ash-Wednesday, or Good-Fridaythe Litany may be read after the Collect for Grace in the shortened form, or it may be read on those days in lieu of this shortened form.

[3.] The shortened form of Evening Prayer shall consist in like manner of

One or more of the Sentences;
The General Confession;

The Declaration of Absolution;

The Lord's Prayer, with the versicles following; One or more of the Psalms for the Day (or of the Selected Psalms);

The Cantate, or Bonum Est, or Deus Misereatur, or Benedic Anima Mea;

The Apostles' (or Nicene) Creed, with the versicles following;

The Collect for the Day;

The Collects for Peace and Aid against Perils;
The Prayer of St. Chrysostom;

"The Grace of our Lord," etc.

SEC. IV. 1.] When in any church there have been, or during the day are to be used, the Order for Morning Prayer and for Evening Prayer, or the Shortened Forms of the same as herein provided, for days when such may be employed, with the Litany on Sundays, Wednesdays, and Fridays, and on Sundays and Holy Days such part, at least, of the Holy Communion Office as is required to be read when there is no Communion, then may be said, as an ADDITIONAL SERVICE, at any hour of the day,

'The Litany;

Or, an additional form consisting of,

The Lord's Prayer, with the versicles following; A Psalm from the Psalter;

A Lesson from Holy Scripture ;

One of the Canticles from the Book of Common Prayer; or, an anthem from Holy Scripture; The Apostles' (or Nicene) Creed, with the versicles following;

The Collects for Peace and Grace, from the Order, for Morning Prayer, if in the morning.

The Collects for Peace and for Aid against Perils, from the Order for Evening Prayer, if in the evening. A Collect or Collects from the Book of Common Prayer;

"The Grace of our Lord," etc.

[2.] The Minister using such Shortened Forms as in this Canon is provided may, at his discretion, insert in its proper place any portion of the Order for Morning Prayer, or for Evening Prayer, herein authorized to be omitted; and in like manner with the Additional Form.

[3.] The Order for Morning Prayer, the Litany, and the Order for the Holy Communion may be used together, or in varying order, as separate services; or the Litany may be said after the Prayer for the President of the United States in the Order for Evening Prayer, or after the Collect for Aid

against Perils, in the shortened form of the same, in lieu of or in addition to its use with the Morning Prayer.

[4] In the shortened form of Morning Prayer, or of Evening Prayer, the several portions into which Psalm exix. is divided shall each, for the purposes of this Canon, be deemed to be a separate Psalm.

SEC. V. [1] A sermon or lecture may be preached without being of necessity preceded by the Order of Morning Prayer, or for Evening Prayer, or by any of the shortened or additional forms provided in this Canon; Provided, that there be first said a Collect or Collects from the Book of Common Prayer.

[2.] At mission services, missionary meetings, and the like, other forms of service, taken from the Book of Common Prayer, may be used, subject to the approval of the Bishop of the Diocese in which such service is held.

Rev. Dr. BEERS, of Albany. I move, at this stage, in connection with the reference of that measure to the Committee, that there be printed 500 copies for the use of this House.

The PRESIDENT. I suppose that is proper. Rev. Dr. CADY, of New York. One more word of explanation. This proposed service is substantially, with the very slightest alteration, the one which has become a law in the Church of England, after passing through the Convocations of Canterbury and York.

Mr. LIVINGSTON, of New York. I am in accord with what has been said; but, as I understand, it is proposed to refer that to the Committee on Canons. Is that the motion ? The PRESIDENT. Yes, sir.

Mr. LIVINGSTON, of New York. We have now a Committee on Amendments to the Constitution. Rev. Dr. PARET, of Central Pennsylvania. I rise to a point of order. The question of reference is not debatable.

Mr. LIVINGSTON, of New York. I am not debating it. We have a Committee on Amendments to the Constitution. It strikes me that, before we refer to the Committee on Canons the expediency of adopting such a Canon as this, we should refer it to the Committee on Amendments to the Constitution, to report to us whether we can act by Canon in directing what omissions shall be made out of the Prayer-Book in the usual services of the day. I therefore move as an amendment that it be referred to the Committee on Amendments to the Constitution. I have had handed to me by a gentleman from Massachusetts [Mr. Bennett] a resolution drawn up by him on the very subject:

"Resolved, That the Committee on the Constitution be directed to enquire and report whether the eighth article of the Constitution does not prohibit any alterations of the Book of Common Prayer, except in the mode therein prescribed, and whether a short or different form of prayer than those laid down can be authorized by a mere Canon of this Church."

The PRESIDENT. The question is on the motion to refer the proposed Canon to the Committee on Canons.

Mr. OTIS, of Illinois. But the amendment is to transfer it to the Committee on Amendments to the Constitution.

Rev. Dr. FARRINGTON, of New Jersey. I would submit that the second motion will be in order immediately after we have acted on the previous motion. The previous motion was to refer the Canon proposed by the Deputy from New York to the Committee on Canons. That is the motion before the House. After we have adopted that, then this resolution will be in order referring the subject of the resolution to another committee.

The PRESIDENT. I understand Rev. Dr. Cady, of New York, to offer a proposed Canon to the House,

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and move that it be referred to the Committee on Canons.

Rev. Dr. CADY, of New York. Yes, sir.

The PRESIDENT. Then Mr. Livingston proposed to amend that motion by referring the subject to the Committee on Amendments to the Constitution.

Rev. Dr. LEWIN, of Maryland. We have already had experience which shows that there is very great difficulty in having these two committees, a Committee on the Constitution and a Committee on Canons sitting separately. I simply suggest whether a great deal of this difficulty might not be removed by a change in the rule, so that the two committees may sit together as a joint Committee on Constitution and Canons. I do not make a motion; I only make a suggestion.

The PRESIDENT. As I understand the rule of the House in regard to these matters, the motion to amend by referring the proposed Canon to the Committee on Amendments to the Constitution is now the question before the House. The resolution of Mr. Livingston cannot come in as an amendment.

Rev. Dr. BEERS, of Albany. May I suggest whether it would be proper to have a document having mixed character and relations to the work of both these committees, referred to both committees. That would simplify the whole matter. Can we refer the same paper to two committees? If we can, I move an amendment to the motion to refer the proposed Canon to the Committees on Canons and the Constitution.

The PRESIDENT. That is a new question, and the Chair would like to be informed upon it by some experienced parliamentarians.

Mr. RUGGLES, of New York. On behalf of the Committee on Amendments, I suggest that it ought to go to the Committee on the Prayer-Book.

Mr. WHITTLE, of Georgia. It is evident that both these subjects-matter should go first to the Committee on the Constitution, and we know that we shall have a great many other questions of the same sort. I therefore move that, whenever the Committees on Constitution and Canons choose, in their discretion they may sit as a Joint Committee. It will save us a great deal of trouble and much time. I offer that proposition as germane to the subject before us.

The PRESIDENT. It will not be in order until we dispose of this matter.

Mr. WHITTLE, of Georgia. Then I move as an amendment that the subjects-matter be referred to the Committee on Amendments to the Constitution.

Mr. COMSTOCK, of Central New York. I think the proposed Canon had better be referred to the Committee on Canons as the appropriate reference, and the resolution of enquiry simply whether a constitutional change is necessary may be referred to the other Committee. The Committee on the Constitution will pursue that enquiry of course immediately and report to the House, and if the report is in favor of canonical action, then the other Committee can go on with its work.

Mr. SHEFFEY, of Virginia. Mr. President, I desire to say that if any of those matters be referred to the Committee on Canons, and if it discovers that the subject should go to the Committee on Amendments to the Constitution, it will, as it has already done during this session of the Convention, ask to be relieved from the consideration of the subject, and that it be referred to the Committee on Amendments to the Constitution. I say this on behalf of the Committee on Canons.

A question was asked by the Chair a moment ago as to whether the identical same proposition could be moved by a reference to the Committee on Canons, and afterwards by a reference to the Committee on Amendments to the Constitution. I will suggest,

in answer to the enquiry of the Chair, that according to the opinion I can give, that would be an unheard-of proceeding. The same subject must go to the one Committee or the other.

The PRESIDENT. The question then is on the amendment to refer the proposed Canon to the Committee on Amendments to the Constitution.

The amendment was not agreed to.

The PRESIDENT. The question recurs on the original motion to refer the proposed Canon to the Committee on Canons.

The motion was agreed to.

MISSIONARY JURISDICTIONS.

Rev. Mr. ROGERS, of Texas, submitted the following resolution, which was referred to the Committee on Amendments to the Constitution:

"Resolved, That it be referred to the Committee on Constitutional Amendments to consider and report to this Convention whether any constitutional amendment is necessary to empower the General Convention of this Church to set off missionary ter- i ritory from the territory of a Diocese, at the request of said Diocese, duly made known."

ALTERATION OF BOOK OF COMMON PRAYER. Mr. LIVINGSTON, of New York, submitted the following resolution, which was referred to the Committee on Amendments to the Constitution :

"Resolved, That the Committee on the Constitution be directed to enquire and report whether the eighth article of the Constitution does not prohibit any alteration of the Book of Common Prayer, except in the mode therein prescribed, and whether a short or different form of prayer than those laid down can be authorized by a mere Canon of this Church."

LAMBETH CONFERENCE.

I wish to

Rev. Dr. SCHENCK, of Long Island. offer the following preamble and resolutions: "Whereas, In the address of the Lord Bishop of Lichfield, made to this House on the occasion of his formal presentation on the 9th inst., as well as in the addresses of the Most Rev. Metropolitan of Canada and the Bishops of Kingston and Quebec on the same occasion, reference was made to the probable reassembling of the Lambeth Conference at an early date, including an intimation that an expression of the sentiments of this Church upon the subject might facilitate the convening of a second session of this Conference. Therefore,

"Resolved, That the House of Clerical and Lay Deputies respectfully submit for the consideration of the House of Bishops its cordial approbation in any measure that may be proposed by the Church of England for the reassembling of the Lambeth Conference in a second session."

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Resolved, That the foregoing preamble and resolution be communicated to the House of Bishops as a message from the House of Clerical and Lay Deputies.

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I will merely say, Mr. President, that this proposition is offered as one of courtesy. Some expression of sentiment in this regard has been invited by the Bishop Lichfield as well as by the Canadian deputation; and I have at the request of a number of the Bishops prepared the resolution and offered it, regarding it as only one of courtesy. It commits us to nothing. It is only a polite response to their suggestion; and, of course, it is merely paving the way for the extension of an invitation to this Church which they desire to extend if they only know that it will be agreeably received.

Mr. SHEFFEY, of Virginia. I do not know that I shall really object to the resolution, but in order that the House may have time under its rules to

consider it, I tender my objection now, so that it may lie over and come up on the Calendar of business to-morrow.

The PRESIDENT. The time for entering upon the Calendar, which is the order of the day, has passed, and no other business can be entertained until that is disposed of without a vote of two-thirds of the House. I will mention to the House, however, that the only thing upon the Calendar is one which the House on Saturday informally determined should not be taken up to-day. We can now take it up and pass it over, or make any disposition of it that is deemed proper.

Rev. Dr. SCHENCK, of Long Island. I will only say that this matter which I have presented requires a little speed, inasmuch as those to whom reference is made in the resolution are about leaving, and the message has to go to the House of Bishops. The Canadian Metropolitan leaves to-morrow, and the Lord Bishop of Lichfield leaves on Wednesday. The matter ought to be attended to at once.

BISHOPS-ELECT OF ILLINOIS AND WISCONSIN.

The PRESIDENT. The Secretary will state the business on the Calendar.

The SECRETARY. The first business on the Calendar is the resolutions reported by the Committee on the Consecration of Bishops, respecting the signing of the testimonials of the Bishops-elect of Wisconsin and Illinois.

Mr. MONTGOMERY, of Western New York. Mr. President, pursuant to the notice which I gave on Saturday, I now move that this subject be made the special order of business to-morrow morning immediately after Divine service.

Mr. WELSH, of Pennsylvania. Does not that require a two-thirds vote? It is varying the order of the day.

The PRESIDENT. Yes, sir.

Rev. Dr. CADY, of New York. It comes in before the reading of the minutes, even.

Mr. WELSH, of Pennsylvania. I move to amend by fixing Wednesday at eleven o'clock.

Mr. MONTGOMERY, of Western New York. My motion was that it be made the special order of business to-morrow morning, immediately after Divine services. The object, and the only object, of the proposition is this: I have been informed by many of my friends that the Convention is holding its sessions at what is now considered quite low down in the city, and at a great distance from the houses of those who visit it; and it would be desirable for them to know, through the morning papers, at what time this House is about to sit with closed doors, so that they will not have occasion to come at so early an hour. Further, those who do come here to attend Divine service will then retire from the House when Divine service is through, and when the Convention meets by itself after that no other persons will be admitted.

The object of my motion will not be accomplished if we enter at all upon the appropriate business of the Convention by reading the minutes in the presence of an audience here, because then it will be necessary after the reading of the minutes for us to wait until the persons in attendance shall retire. It was to avoid that very thing that I made the motion, so that all who retire from the house will retire at the close of Divine service, and we may enter upon our business at once. It may well be that then it may be considered desirable to take up the minutes first; but I do not wish that we shall enter upon the business of the Convention proper after Divine service with the house full of people, and then at the close of the reading of the minutes stop to clear them from the house. It was just that circumstance that I wished to avoid.

As to the question whether this requires a twothirds vote, let me say a single word. A motion to make a thing a special order for a given time is one of those privileged motions named in our rules, as a motion to postpone to a time certain, and it is a motion that can always be made when a question is pending. A motion to postpone to a time certain is a motion to make a thing a special order for that time in effect; and a motion to make a thing a special order when it comes up for consideration, I believe, is uniformly acted upon by all parliamentary bodies by the simple vote of a majority of the House.

Rev. Mr. ROGERS, of Texas. Mr. President, notwithstanding that motion may be made at any time, still if it varies the orders of the day it requires a vote of two-thirds to carry it; and now upon principle I hope that it will not be done. During this Convention and during the Conventions that will follow, there will be many occasions, I have no doubt many in this Convention, when this going into secret session must take place. We are a deliberative body, and we are to act for own convenience; we are here to carry on the work of the Church as expeditiously as we can; and if we attempt to regard the convenience of the galleries and of the visitors, from time to time, rather than our own; if we attempt to say through the public papers, "to-day, and to-morrow, and next day," over this man, that, and the other, on a certain day we will go into a certain hearing, and the public may not come," we are incommoding ourselves during the whole Convention-we are interrupting the wheels of our business in a way that we ought not for a moment to do. We have adopted the rule. I do not know that the rule is wise, but it is our rule, and let the public take notice of the fact, and govern themselves according to our rule and our convenience. When it is convenient to us to go into secret session, let us act as though the galleries had not a person in them, and the public

66

was not known. We have taken this matter in our hands contrary to the opinions of the public, I am sure, and now we cannot

Rev. Dr. BEACH, of New York. I rise to a point of order. I call attention to the eighth rule of order :

"The House shall proceed to the order of the day at twelve o'clock precisely, unless dispensed with by a vote of two-thirds of all the members present.'

I submit that a motion to that effect must be made in order that the gentleman may be in order in his remarks.

Rev. Mr. ROGERS, of Texas. I submit that I am right.

The PRESIDENT. I think we are upon the order of the day now, and this is a motion made in reference to it. It is not proposed to dispense with any rule of order, but we are proceeding under that rule of order.

Rev. Dr. BEACH, of New York. As I understand it, the matter before the Convention at twelve o'clock precisely was the report of the Committee on the Consecration of Bishops.

The PRESIDENT. Yes, and that is before the House now.

Rev. Dr. BEACH, of New York. Now, in order that we may discuss any other subject whatever, it must first be moved that the rule of order be dispensed with.

The PRESIDENT. We are discussing that point

now.

The Rev. Dr. BEACH, of New York. As I understand, we are discussing a motion to postpone it until to-morrow, or to make it a special order for to-morrow. My point is that, in order to bring in such a motion as that, you must first dispense with the rule of order.

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The Rev. Mr. ROGERS, of Texas. This is in effect a motion to do that very thing.

The PRESIDENT. I do not think so.

Mr. MONTGOMERY, of Western New York. A single word on the question of order. A thing is regularly called up on the Calendar, and the mistake of the gentleman is that we are necessarily bound to press it or reject it at that time. It simply comes before the House, and then any motion allowed by the rules may be made upon it, and those motions are, a motion to amend, a motion to commit, a motion to postpone indefinitely, a motion to postpone to a day certain; and each of those motions has precedence in the order named. This is one of those motions, being a motion to postpone to a time certain. We are not bound to pass it or reject it when it is reached on the Calendar; but we may make such disposition of it as the majority of the House please.

The PRESIDENT. I have determined that the gentleman's motion is in order, but there has been a motion to amend that by fixing Wednesday morning instead of Tuesday.

Mr. MONTGOMERY, of Western New York. I accept the amendment.

Rev. Mr. ROGERS, of Texas. I am speaking in regard to the matter before the House, which I believe is the matter for us now to consider once for

all; are we in this instance to set the precedent of conforming our actions to the convenience of the the public or to our own convenience? I hope that we shall never set any day certain to go into secret session on any business, especially when that business is now the general order of the day, for the purpose of allowing people to stay away from Divine service; but that we go into the consideraation of this matter whenever it arises.

Mr. BALDWIN, of Michigan. I apprehend that we cannot set aside one of the most important rules of this House in the summary manner proposed by

the Deputy from Western New York. Rule 5 reads

as follows:

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The resolution of the honorable Deputy from Western New York proposes summarily that the order of the day for to-day at twelve o'clock shall be made the order of the day to-morrow before proceeding with the regular order of business as provided by this rule. I apprehend that the only way in which that could be accomplished would be by a resolution suspending the fifth rule of order, which requires a two-thirds vote. What the gentleman has said in regard to how questions shall be put, presupposes that the daily order of business shall have been accomplished. When the daily order of business has been accomplished. then a resolution to make a matter a special order for a given time is in order; but I apprehend that we cannot, until the daily order of business has been completed, take up any other question without suspending the fifth rule of order.

Mr. RACE, of Louisiana. It seems to me that there can be no sort of difficulty in a proper understanding of this question if Rules of Order No. 6 and No. 7 are read:

"6. The Secretary shall keep a Calendar of business, on which reports from committees, resolutions which lie over, and other matters undisposed of shall be placed in the order in which they are presented.

"7. At twelve o'clock, unless there be an order of

the day, or as soon thereafter as the order of the day shall be disposed of, the business on the Calendar".

This business

-"shall be taken up and disposed of, in the order in which it stands thereon; and a vote of two-thirds of the members present shall be required to take up any matter out of its order on the Calendar."

Now, this business stands on the Calendar as the order for to-day. It is called up pursuant to that order. The question is now on a motion to postpone its consideration; that is to say, that the House will not consider it in the order in which the rule provides that it shall be considered. That motion is perfectly in order, but it requires a two-thirds vote in accordance with the provisions of Rule 7. It is perfectly competent for the House to say, if it has the disposition so to say, that we will not consider the special order now before the House until tomorrow, or the next day, or any other day; but in order to do so it requires a two-thirds vote under your rule.

I fully concur with the sentiments expressed by the Clerical Deputy from Texas in reference to this matter. I believe that the House should consider its business in the order that it has provided for by its rules.

Rev. Dr. WILLIAMS, of Georgia. I should like to ask a question. As I apprehend the rules of order, the Deputy from Louisiana has made a mistake. If I understand the decision, the question now before us is the very resolution proposed by the Committee on the Consecration of Bishops. That is the business now before the House. What is the rule about that?

"When a question is under consideration "—

The question under consideration being now these very resolutions of the Committee on the Consecration of Bishops

-"no motion shall be received."

Mr. SHEFFEY, of Virginia. I rise to a question

of order. I understand that the President has already decided that the motion to postpone until Wednesday is in order.

The PRESIDENT. Yes, sir.

Mr. SHEFFEY, of Virginia. I respectfully submit that the Chair ought not to allow such a question to be again debated here.

I did not un

Rev. Dr. WILLIAMS, of Georgia. derstand that to be the ruling of the Chair, or I would not have said a word.

Mr. SHEFFEY, of Virginia. The Chair has properly so decided.

The PRESIDENT. There is one question of doubt remaining in my mind, and that is, whether the motion as made to supersede the regular order of business before twelve o'clock requires a two-thirds vote, and I would ask the Deputy from Virginia to enlighten the mind of the Chair on that point.

Mr. SHEFFEY, of Virginia. My own opinion about that is that the rule requiring the order of the day to come up at twelve o'clock presupposes the regular transaction of the business of the House up to that time, and I respectfully suggest to the gentleman from Western New York to content himself with a motion to make this the order of the day for Wednesday. It is a very little matter for us to consider about getting people out of the House after the religious services are over, and it does involve a vast deal of confusion if the special order of the day comes in to overslaugh everything in the regular order of business of the House.

The PRESIDENT. I hope the gentleman from Western New York will accept that suggestion. There will be but little time lost by it, for it will be near twelve o'clock before we get to work on Wedresday.

Mr. MONTGOMERY, of Western New York. I

am not pertinacious in this matter, my object being only to promote the convenience of the body as well as of those outside; but I must say a word. I have just enquired of my distinguished friend on the left (Mr. Stevenson) as to the practice of the Senate. I know the practice of the deliberative bodies of which I have been a member has been that, when a matter is before the House in its regular order for consideration, its consideration can be fixed for any future time by a majority vote. We are now acting under the order of the day. We have reached twelve o'clock. We are still within that rule. We have taken up on the Calendar the matter of signing the testimonials of the Bishops. We are acting so far according to the order of the day. Now, I submit that the rule of parliamentary bodies is that that daily rule of order prescribed by the rules is always subject to a special order made on any day before that. I could not interfere with the regular order of the day, by proposing a special order to overrule it. That it was held on Saturday could not be done; but when on a preceding day, under the regular order of business, this House has fixed a special order for the opening of the House on a particular day, it does on that day take precedence of the common daily order. That is the daily practice of the Senate and the daily practice of all other parliamentary bodies. It is not suspending any rule; it is simply doing under the rules of the body what we have a right to do, and what the very rule as to calling tho Calendar at twelve o'clock contemplates, and whether we have made a special order for twelve o'clock, or we have made a special order for ten o'clock, or halfpast ten, makes no difference; the rule only settles that at that particular hour the Calendar shall have precedence if there be no special order. This may be very important when the daily order of business presents many matters for consideration. This "We House, for its own convenience, may say, should like to take this subject up to-morrow at eleven o'clock," or "at three o'clock; and if we have not that power we cannot fix any matter for consideration at a time certain under our rules. I

beg the gentleman from Virginia to reconsider the opinion he has expressed.

Mr. SHEFFEY, of Virginia. I did not say the House had not the power, but that the House ought not to exercise any such power.

Mr. MONTGOMERY, of Western New York. I was not talking about what it was expedient to do. I understood the Chair to enquire of the very distinguished and learned gentleman from Virginia what the rule of law was, whether we could make a special order to-day by a majority vote which would supersede the common order of business for to-morrow, and I suppose he answered the question by saying that we could not. If the gentleman is of the contrary opinion, that we can legally, by a special order made to-day by a majority vote, supersede the regular daily order of to-morrow morning, I wish he would say so.

Now, sir, I will yield to the convenience of tho House. When, at the suggestion of others, I agreed to Wednesday morning, it was assented to all around, I thought, that we should enter on this business with closed doors immediately on our meeting, rather than meet with open doors and then turn people out. I insist on my motion, if it be in order, that this business be made the special order for Wednesday morning, immediately after Divine service.

Rev. Dr. PARET, of Central Pennsylvan'a. I move as an amendment that the House proceed forthwith to the discussion of the testimonials as presented.

Mr. MONTGOMERY, of Western New York. I

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