Table showing the contents of the several volumes comprising the Annals of Congress-Continued.

6

1800-1801

Period covered.

5, 1801. 3, 18u2. 3, 1803.

Dec. 2, 1799, to Mar. 3, 1801. Mar. 4, 1801, to Mar. 1801-1802 Dec. 7. 1801, to May 1802-1803 Dec. 6, 1802, to Mar. 1803-1804 Oct. 17, 1803, to Mar. 27, 1804. 1804-1805 Nov. 5, 1804, to Mar. 3, 1805. 1805-1806 Dec. 2, 1805, to Apr. 21, 1806. 1806-1807 Dee. 1, 1806, to May 3, 1807. 1807-1808 Oct. 26, 1807, to Jan. 13, 1808. 1808 Jan. 13, 1808, to Apr. 25, 1808. 1808-1809 Nov. 7, 1808, to Mar. 3, 1809. Mar. 4, 1809, to Mar. 7, 1809. 1809-1810 May 22, 1809, to Jan. 23, 1810. 1810 Jan. 23, 1810, to May 1, 1810. 1810-1811 Dec. 3, 1810, to Mar. 3, 1811. 1811-1812 Nov. 4, 1811, to Mar. 9, 1812. 1812 Mar. 9, 1812, to July 6, 1812. 1812-1813 Nov. 2, 1812, to Mar. 3, 1813. 1813 May 24, 1813, to Aug. 12, 1813. 1813-1814 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. 1817-1818 Dec. 1, 1817, to Mar. 12, 1818. 1818 Mar. 12, 1818, to Apr. 20, 1818. 1818-1819 Nov. 16, 1818, to Feb. 17, 1819. 1819 Feb. 17, 1819, to Mar. 3, 1819. 1819-1820 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. 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.

1822

APPEAL.

See RULE I, clause 4; RULE 1II, 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. 529— and, 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 passed 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 Representatives 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 Representatives, 181.

FOURTH CENSUS.

Act of March 7, 1822 (Stat., vol. 3, p. 651).

Ratio of representation, 1 to 40,000; number of Representatives, 212.

FIFTII CENSUS.

Act of May 22, 1832 (Stat., vol. 4, p. 516).

Ratio of representation, 1 to 47,700; number of Representatives, 240.

SIXTH CENSUS.

Act of June 25, 1842 (Stat., vol. 5, p. 491).

Ratio of representation, 1 to 70,680, and 1 additional member for each State having a fraction greater than one moiety of said ratio. Number of Representatives, 223.

Under the following named acts additional Representatives were assigned until after the next census and apportionment as follows, viz: Act of May 29, 1842, 3 for Wisconsin; act of December 29, 1815, 2 for Texas; act of August 4, 1846, 2 for Iowa; and act of September 9, 1850, 2 for California.

SEVENTH CENSUS.

Under the act of May 23, 1850 (Stat., vol. 9, p. 432), the House was to be composed of 233 members, to be apportioned among the States under section 25 of said act, as follows, viz:

SEC. 25. And be it further enacted, That so soon as the next and each subsequent enumeration of the inhabitants of the several States, directed by the Constitution of the United States to be taken, shall be completed and returned to the office of the Department of the Interior, it shall be the duty of the Secretary of the Interior to ascertain the aggregate representative population of the United States, by adding to the whole number of free persons in all the States, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons, which aggregate population he shall divide by the number two hundred and thirty-three, and the product of such division, rejecting any fraction of a unit, if any such happen to remain, shall be the ratio or rule of apportionment of Representatives among the several States under such enumeration; and the said Secretary of the Department of the Interior shall then proceed, in the same manner, to ascertain the representative population of each State, and to divide the whole number of the representative population of each State by the ratio already determined by him, as above directed, and the product of this last division shall be the number of Representatives apportioned to such State under the then last enumeration: Provided, That the loss in the number of members caused by the fractions remaining in the several States on the division of the population thereof shall be compensated for by assigning to so many States having the largest fractions one additional member each for its fraction as may be necessary to make the whole number of Representatives two hundred and thirty-three: And provided also, That if, after the apportionment of the Representatives under the next or any subsequent census, a new State or States shall be ad