dent; and all motions pending to reconsider a vote upon a nomination shall fall on such adjournment or recess; and the Secretary of the Senate shall thereupon make out and furnish to the heads of departments and other officers the list of nominations rejected or not confirmed, as required by law. When the President of the United States shall meet the Senate in the Senate Chamber for the consideration of executive business, the Presiding Officer of the Senate shall have a chair on the floor, be considered as the head of the Senate, and his chair shall be assigned to the President of the United States. When the Senate shall be convened by the President of the United States to any other place, the Presiding Officer of the Senate and the Senators shall attend at the place appointed, with the necessary officers of the Senate.

[21 Aug., 1789-18 Feb., 1843—March 25, 1862.

PROCEEDINGS ON TREATIES.

38.- -When a treaty shall be laid before the Senate for ratification, it shall be read a first time, when no motion in respect to it shall be in order except to refer it to a committee or to print it in confidence for the use of the Senate. Its second reading shall be for consideration, and shall be on a subsequent day, when it shall be taken up as in Committee of the Whole and be considered by articles, when amendments may be proposed; but when amendments are reported by a committee they shall be first acted on, after which other amendments may be proposed; and when through, the whole proceedings had as in Committee of the Whole shall be reported to the Senate, when the question shall be, if the treaty be amended, "Will the Senate concur in the amendments made in Committee of the Whole?" and the amendments may be taken separately or in gross, as the Senate may elect, after which new amendments may be proposed. The decisions thus made shall be reduced to the form of a resolution of ratification, with or without amendments, as the case may be, which shall be proposed on a subsequent day, unless by unanimous consent the Senate determine otherwise, when every one

shall again be free to move amendments, the question on which shall be proposed and taken as in the case of amendments to the article. And on the final question to advise and consent to the ratification in the form agreed to, the concurrence of two-thirds of the Senators present shall be requisite to determine it in the affirmative, but all other motions and questions thereon shall be decided by a majority vote.

[6 Jan., 1801-March 25, 1868.

MATTERS CONFIDENTIAL AND SECRET.

39. All confidential communications made by the Pres ident of the United States to the Senate shall be by the Senators and the Officers of the Senate kept secret, and all treaties which may be laid before the Senate, and all remarks and proceedings thereon, shall also be kept secret until the Senate shall, by their resolution, take off the injunction of secrecy.

[22 Dec., 1800-3 Jan., 1820-March 25, 1868.

SECRECY OF REMARKS ON NOMINATIONS.

40. All information or remarks concerning the character or qualifications of any person nominated by the President to office shall be kept a secret; but the fact that a nomination has been made shall not be regarded as a secret.

[3 Jan., 1820-March 25, 1868.

CLEARING OF THE SENATE.

41.—When acting on confidential or executive business, the Chamber shall be cleared of all persons except the Secretary of the Senate, the principal or executive clerk, the Sergeant-at-arms and Doorkeeper, the assistant doorkeeper, and such other officers as the Presiding Officer shall think necessary; and all such officers shall be sworn to secrecy.

[3 Jan., 1820-March 25, 1868

SEPARATE BOOKS TO BE KEPT.

42. The legislative proceedings, the executive proceedings, and the confidential legislative proceedings of the Senate, shall be kept in separate books.

[19 May, 1789-15 April, 1828-March 25, 1868.

EXECUTIVE PROCEEDINGS FURNISHED TO THE PRESIDENT.

43. Nominations approved or definitely acted on by the Senate shall not be returned by the Secretary of the Senate to the President until the expiration of the time limited for making a motion to reconsider the same, or while a motion to reconsider is pending, unless otherwise ordered by the Senate. The President of the United States shall, from time to time, be furnished with an authenticated transcript of the executive records of the Senate, but no further extract from the executive journal shall be furnished, except by special order; and no paper, except original treaties, transmitted to the Senate by the President of the United States, or any executive officer, shall be returned or delivered from the office of the Secretary of the Senate, without an order of the Senate for that purpose.

[27 Jan., 1792-27 March, 1818-5 Jan., 1829-6 April, 1867–March 25, 1868.

PROCEEDINGS ON AMENDMENTS TO THE CONSTITUTION.

44.—When an amendment to be proposed to the Constitution is under consideration, the concurrence of two-thirds of the Senators present shall not be requisite to decide any question for amendments, or extending to the merits, being short of the final question.

[26 March, 1806-March 25, 1868.

MESSAGES TO THE HOUSE OF REPRESENTATIVES.

45. Messages shall be sent to the House of Representatives by the Secretary, who shall previously endorse the final determination of the Senate upon bills and other papers communicated.

46.

[26 March, 1806-March 25, 1868.

MESSENGERS INTRODUCED.

-Messengers may be introduced in any state of business, except while a question is putting, while the yeas and nays are calling, or while the ballots are counting.

[26 March, 1806-March 25, 1868.

PERSONS ADMITTED ON FLOOR.

47. No person shall be admitted to the floor of the Senate, while in session, except as follows, viz: The officers of the Senate, members of the House of Representatives and their clerk, the President of the United States and his private secretary, the heads of departments, ministers of the United States and foreign ministers, ex-Presidents and ex-Vice-Presidents of the United States, ex-Senators, Senators elect, judges of the Supreme Court, and Governors of States and Territories.

[17 March, 1853-23 Jan., 1854-24 Jan., 1851-6 March, 1856-11 Jan., 1859-7 Feb.. 1862March 25, 1868.

REGULATION OF SENATE WING OF THE CAPITOL.

48. The Presiding Officer of the Senate shall have the regulation and control of such parts of the Capitol, and of its passages, as are or may be set apart for the use of the Senate and its officers.

[22 Jan., 1824-14 Feb., 1828-March 25, 1868.

RESTRICTION OF PRESENTING REJECTED CLAIMS.

49. Whenever a claim is presented to the Senate and referred to a committee, and the committee report that the claim ought not to be allowed, and the report be adopted by the Senate, it shall not be in order to move to take the papers from the files for the purpose of referring them at a subsequent session, unless the claimant shall present a memorial for that purpose, stating in what respect the committee have erred in their report, or that new evidence has been discovered since the report, and setting forth the new evidence in the memorial. [25 Jan., 1842-21 Dec., 1842-March 25, 1868.

PENALTIES FOR VIOLATING CONFIDENCE OF SENATE.

50.-Any Senator or officer of the Senate who shall disclose the secret or confidential business or proceedings of the Senate shall be liable, if a Senator, to suffer expulsion from the body, and if an officer, to dismissal from the service of the Senate, and to punishment for contempt.

[10 May, 1844-March 25, 1868.

OATHS OF OFFICE.

51. The oaths or affirmations prescribed by the Consti. tution and by the act of Congress of July 2, 1862, to be taken and subscribed before entering upon the duties of office, shall be taken and subscribed by every Senator in open Senate before entering upon his duties. They shall also be taken and subscribed in the same way by the Secretary of the Senate; but the other officers of the Senate may take and subscribe them in the office of the Secretary.

[25 Jan., 1864-March 25, 1868.

BUSINESS CONTINUED FROM SESSION TO SESSION.

52. At the second or any subsequent session of a Congress, the legislative business of the Senate which remains undetermined at the close of the next preceding session of that Congress shall be resumed and proceeded with in the same manner as if no adjournment of the Senate had taken place; and all subjects referred to committees, and not reported upon at the close of a session of Congress, shall be returned to the office of the Secretary of the Senate, and be by him retained until the next succeeding session of that Congress, when they shall be returned to the several committees to which they had been previously referred.

[March 25, 1868.

SUSPENSION AND AMENDMENT OF RULES.

53. No motion to suspend, modify, or amend the rules, or any thereof, shall be in order, except on one day's notice in writing, specifying the rule to be suspended, modified, or amended, and the purpose thereof. But any rule may be suspended by unanimous consent, except the seventeenth rule, which shall never be suspended.

A motion to suspend, or to concur in a resolution of the House of Representatives to suspend, the 16th and 17th joint rules, or either of them, shall always be in order, be immediately considered, and be decided without debate.

[16 April, 1789-26 March, 1806-3 Jan., 1820-24 Feb., 1828-7 May, 1832--March 25, 1868.