(also lost), to take a recess, to adjourn, to take a recess, to adjourn, to take a recess, to adjourn,that is the way it goes, and that's filibustering!

A motion to adjourn, or to take a recess, or to proceed to executive business, or to lay a matter on the table is not debatable. Accordingly, when such a motion is made, a vote must be taken upon it at once; and, if decided by a simple viva voce vote, which does not take a minute, no advantage is gained, and the minority would soon tire themselves instead of their opponents by making motions every other minute or so. This would never do, of course, for, if the majority will not consent to any of these dilatory motions, the great point then is to consume time. This is accomplished either by making some motion that is debatable, or by the way in which the vote is taken. There are different modes of taking a vote. First and simplest, there is the viva voce vote. Suppose a motion is made to adjourn, the presiding officer stands up and puts the question thus: "The senator from North Carolina moves that the Senate do now adjourn. Those in favor of the motion will say 'aye';" and then he pauses for a moment while the minority respond, after which he continues: "Those opposed will say 'no,'" whereupon the majority instantly thunder forth their vote, and the presiding officer, without taking breath, concludes: "The noes have it, and the Senate refuses to adjourn."

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A second way of voting is by "division" or "count," and if demanded, the presiding officer says: Senators in favor of the motion that the Senate do now adjourn, will rise and stand until counted," and then he takes his seat for a moment while the clerk takes a lead-pencil and slowly points at the senators standing, and announces the number to the chair, who says: "The 'ayes' will be seated, and the 'noes' will rise." Thereupon those opposed are counted, and the vote is then announced. In the House, the Speaker does the counting. He grasps the mallet-end of his gavel, and rapidly shakes the handle at the throng. It used to delight me to watch Speaker Blaine go through that performance. He could move the gavel as fast as a sleight-of-hand man. Of course the Speaker endeavors to count only members of the House, but in the confusion and rapid counting, he is liable to count other persons whom he observes standing, without looking to see who they are, and we pages took advantage of such times to distinguish ourselves. I have often been in the

House, with a troop of Senate pages, all bent upon fun or mischief; and during a count, when everything was in disorder, we would jump up on vacant chairs or other articles of furniture to render us as tall as men, and thus insure our being counted in the vote. I have no doubt I have thus helped to decide many important questions of interest to the American people. I may also add that we also often voted in the Senate. When the Senate had been in session until late at night, or even during the afternoon when we were tired out, we have many a time voted "aye” on a viva voce vote to adjourn and thus increase the noise. we considered such conduct not only justifiable, but really praiseworthy, believing that, inasmuch as by parliamentary rule a motion to adjourn was always in order, it necessarily and logically followed that it was always time to adjourn.

And

A third way of voting, often followed in the House, is by "tellers." A demand for tellers, being supported by a sufficient number of members, the Speaker appoints two of the representatives (generally the member making the demand and the member leading the opposition), and they walk from their seats to the "area of freedom" in front of the desk and shake hands. This hand-shaking is always gone through with, although a few moments before the members designated for it may have been rather angry at each other. Then the Speaker notifies the members in favor of the motion to "pass between the tellers and be counted;" whereupon the minority (for I am assuming that all this voting is pure filibustering) swarm down the aisles leading from their seats and mass themselves around the tellers, who hurry them through, one at a time, giving each one a tap on the back as he passes through, by way of keeping the tally, the members passing between them surging up the center aisle, or crowding around the tellers and returning to their seats the shortest way. Then those opposed to the motion pass between and are counted, and the tellers report the result to the Speaker, who in turn announces it to the House.

The first two of these methods are common to both bodies, and_the_third is peculiar to the House alone. This last mode necessarily consumes considerable time, but the other methods are comparatively brief. But the Constitution puts into the hands of the filibusters still another formidable weapon," the demand for the yeas and nays! " +

When the "yeas and nays" are demanded, the presiding officer of the Senate generally says: "The yeas and nays are demanded; is there a second?" and the senators as a rule raise their hands in such numbers that the Chair goes on to say: "The yeas and nays are ordered." Then he rises from his seat and says: "Senators, those of you who are in favor of the motion that the Senate do now adjourn will, as your names are called, say 'aye '; those opposed will answer 'no,'- and the clerk will call the roll." In the House, the members rise upon the question of taking the vote by "yeas and nays," and are counted; whereupon the Speaker goes through a similar announcement, always concluding with the dreary words - words that call up hideous visions before the eyes of sleepy clerks and pages!" And the clerk will call the roll!"

We had some memorable filibustering in my day. On the night of May 22, 1874, a great contest, in the Senate, over a certain bill, culminated in twenty hours of work! The majority had determined that they would "sit the bill" out that night. So they assembled in force, ready to pass it whenever they might see their

chance. The minority were also on hand. Both sides were nearly exhausted. As the hands of the clock approached the hour of midnight, there was scarcely a senator in the room. I remember that Senator Merriman led the minority; Senator Logan "watched" for the majority. Senator Merriman had the floor, with the unlimited privilege of continuous debate permitted by the rules, and he seemed prepared to talk forever. But occasionally he paused to allow another member of the minority to make a motion to adjourn, upon which the "yeas and nays" would be ordered-"And the clerk will call the roll!"

Those words were the signal for action. "Call up the senators!" cried Senator Logan; "Call up the senators!" came from Senator Merriman; and off we went. Well, we called them up,- and

AN ENERGETIC FILIBUSTER.

This is how we pages called them. Each of us would rush around through the various rooms, and give one of these sleeping senators a little tap, shouting, "Yeas and Nays!" and dart away to find another. Sometimes a dozen pages would waken the same senator. In fact, we usually ran in a line - all together.

Soon the sleepy legislators could be seen creeping into the chamber from all directions, half awake, with disheveled hair, and presenting a woe-begone appearance generally. They would mechanically cast their votes, the motion to adjourn would be lost, Senator Merriman would resume

his speech, and the other senators, except the watchers," would again vanish as mysteriously and as noiselessly as the soldiers of Roderick Dhu. During all this speech-making, most of the minority were asleep. They depended upon Senator Merriman (as most of the majority depended upon Senator Logan and their other leaders) to wake them at the proper time. They relied upon him to do all the talking. He was, as I say, prepared to do it. But he made a mistake. He remembered the courtesy, but he forgot the rules of the Senate. He had been yielding the floor to his friends whenever he saw fit, and resuming it again after they had said whatever they wished. Senator Logan at last interfered. He raised the "point of order" that the senator from North Carolina could not speak more than twice on the matter then pending. Senator Merriman stood aghast! The presiding officer sustained the point of order. That is where the demoralization of the minority seemed to begin. At ten minutes past seven o'clock A. M. the majority passed the bill! How would you like to be a filibuster?

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CHAPTER XXII.

CONFUSION.

We have thus briefly reviewed the chief features of Congressional practice established for the preservation of decorum and the regulation of debate; and we have also seen how the strict application of some of these rules, intended to protect the public interests, hinders rather than helps the transaction of business.

In order to secure to Congress the authority and efficiency designed for it by the founders, and which properly belong to it as the supreme representative body in the Republic, the Constitution gave to each House the right to determine the rules of its proceedings; and that its dignity should not be molested by rash and thoughtless men, it also gave to each House the right to "punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." These general provisions conferring the right carry with them full power to enforce these rights, as either House may deem proper.

By the possession of this right to "punish members for disorderly behavior," therefore, it will be seen that, to that extent, each body of Congress is vested with judicial power. With the exercise of that right, however extreme the rules or proceedings established or taken by either House in such exercise, no tribunal or officer in the other departments of the government can interfere. But *Constitution, art I., sec. V., cl. 2.

were Congress to attempt to enlarge this authority so as to inflict a punishment upon private citizens (except under peculiar circumstances, as will be hereafter explained), it would be usurping the functions confided to the Judicial Department of the government, and would be checked by the courts.

The power in regard to compelling "the attendance of absent members, in such manner and under such penalties as each House may provide," is constantly employed. Especially is this true at night-sessions in the House. Although no business can be done in either body without the presence of a "quorum," or a majority of the members, it is extremely difficult on ordinary occasions to secure the necessary number without resort to this compulsory power; in which case the Senate or House may direct its sergeant-at-arms to arrest the absent senators or representatives wherever they may be found and escort them to the House.

When the point of “no quorum " is raised, a "call of the House" is usually ordered, and the clerk calls the roll of members, and those present respond "present," as their names are read. Having finished the first call, the clerk reads the names of those who did not respond on the first reading, to give those a chance to answer who may have been in the lobbies or elsewhere about the House, but not in the room at the exact moment when their names were called. When this second call of the roll is completed,—if it shows that there is not a quorum present,- all the doors but one leading into the Hall are closed and locked, and at that one door a guard is stationed to prevent any of the absentees from entering.

When the doors are closed, the names of the absentees are read, those who are old or infirm or detained by sickness in their families are excused, and after this the sergeant-at-arms is directed to arrest and bring before the bar of the House any of the absentees he can find -excepting those who are away by "leave" of the House first duly obtained. Then the fun begins. While waiting for the sergeant-at-arms to execute his orders, the members inside the Hall amuse themselves in many ways and laugh in anticipation of the further enjoyment they will have upon the appearance of their remiss associates. As no work can be done, of course, play should not be prohibited. After a time the sergeant-at-arms appears with a batch of arrested absentees, and taking them before the Speaker's desk, the name of each is called, and he is then permitted to explain his non-attendance. These explanations are the most amusing features of the whole performance. All sorts of excuses are given, but most of the members, as a rule, plead various forms of sickness - from paralysis to a toothache! Of course, during the delivery of these

Constitution, art. I., sec. V., cl. 1.

excuses the other members jokingly applaud and laugh. While the prisoners may, under the rules, be fined for their absence, still, when the House is in good humor (as it generally is under these circumstances - for who could preserve his gravity while that delightful comedy is being performed?) it merely laughs again and makes fun at their expense, and teases and tries to scare them by fierce motions to "dispose" of them in various ways,and then excuses their neglect and allows them to take their seats. And so this performance goes on, the sergeant-at-arms continuing to bring in his little groups of absentees, until, having captured them all, or a quorum having appeared, "all further proceedings under the call" are ordered to be dispensed with, and the House proceeds with its legislative work.

The power to punish for disorderly behavior is not very frequently invoked by the House, it is seldom invoked by the Senate. You will readily understand, from what I have said, that congressmen are but men, and that the slightest remark or affront may give rise to great excitement. It is the first step toward misconduct that must be checked if one would avert still greater trouble, and, whether with congressmen or collegians, this rule holds good. As Vice-President Fillmore, in remarking upon the "dignity and decorum" of the Senate, and the " 'powers and duties of the Chair," in 1850, declared: "How important it is that the first departure from the strict rule of parliamentary decorum should be checked, as a slight attack, or even insinuation, of a personal character often provokes a more severe retort, which brings out a more disorderly reply, each senator feeling a justification in the previous aggression." So you see it is with the law-makers precisely as it is with boys and girls- one word leads to another, the members becoming angrier and angrier as the discussion proceeds, until, finally, the proprieties of debate may easily be forgotten.

I have seen the proceedings apparently going on smoothly, when one member would "catch the Speaker's eye." To "catch the Speaker's eye" means that a member is "recognized" by the

Speaker, just as the senators are recognized by the Vice-President, and that he thus obtains "the floor" and the right to speak.— Some representatives seem to have great difficulty in getting the attention of the Speaker. One of them is reported to have said that he had served as a member of the House for a number of years and caught the malaria and the measles and the mumps and nearly everything else that was to be caught in Washington, but that he had never yet caught the Speaker's eye.

Well, the member who has the floor may be a fiery, forcible talker, and, beginning his speech, gradually warms up with his subject and gradually rouses his antagonists. Suddenly he gives one blast of scathing eloquence; and then the other congressmen spring to their feet and glare at the orator. Then there is "confusion," for, of course, the members whom he has assailed are all eager to reply to him, and all leap to their feet at once.

But these simoons of passion are not generally of long duration. The Speaker, with the assistance of his mace of authority and the sergeant-at-arms, eventually succeeds in bringing the unruly members to a stand-still. Then if, in the excitement, they have gone too far, they are required to do penance. Under the Constitution a member of Congress can abuse, with perfect impunity, any "outsider " under the sun. He can not be punished for slander or in any other way held to answer for it by the courts. This is known as the Constitutional "Freedom of Debate."* It is a very important privilege. The object of it is to allow members to express, without fear, their honest opinions about men and things. But they are not expected to abuse each other, and when a member does that or says anything else that is offensive to good taste,-in other words, uses unparliamentary language,"—it is regarded as an insult to the House, and he is required to retract the words and apologize, and in aggravated cases he is even brought before the bar, in custody of the sergeantat-arms, where the Speaker pronounces upon his head the solemn censure of the House. Nothing less than this would appease the wounded dignity of that mighty body.

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A WATER-MUSEUM consists of glass vessels containing fish, mollusks, larvæ, and such other creatures as will live in the small quantity of water these vessels hold. The great advantage that the water-museum has over an aquarium is, that while the latter is bulky and has many dark corners in which you can see only with difficulty, if at all, the jars of the museum can be easily carried about and held to the light, so that you can readily observe the smallest movements of your specimens. Besides, in an aquarium you can have but one kind of water at a time, either salt or fresh, and you can keep only those specimens that will live together peaceably; but in a water-museum one may have both sorts of water (in different vessels), and both marine and fresh-water specimens. This museum, or water-cabinet, too, costs very little, while an aquarium is not only expensive but troublesome.

Before giving an account of my own experiences with a water-museum, I will first let my readers into the secret of making a small museum without much trouble or expense.

We must first make sure of a sunny window, where the museum will be out of the way, and where there is room for a small table. Then we must forage for the vessels in the glassware shops, or at the dealers in chemical apparatus. I have often been able to pick up confectionery jars which I got cheaply because their tops were broken, which, of course, made no difference to me. I

consider these the best for our purpose, in size from four inches diameter by six in height to seven inches in diameter and nine in height. We shall presently see that a bell-glass, such as gardeners use, will render good service in the

museum.

The jars must be placed on the table

in the sunny window, so that they will all get plenty of light, as this is necessary to most forms of life. The bell-glass will stand if its knob is stuck in a box of sand or a block of wood. One or two of the larger jars had best be used for fish, and to make them attractive their bottoms should be covered with clean river sand and pebbles, or fragments of rock in the shape of grottoes, as the fish like to rest on these and to eat the almost invisible weeds that grow upon them. course, all the vessels must be filled with water and sprigs of aquatic plants, such as water-cress, vallisneria, or duck-weed, placed in them to keep the water pure. Many kinds of water insects are carnivorous, or prey upon the weaker species. Of course, it wont do to keep these in the same jar with their victims. To find out which kinds agree, we can mix them in the clear, shallow bell-glass, where we can easily observe the peculiarities of each.

Of

Now comes the great question: How are we to obtain our specimens? Easily enough. I believe that there is hardly a ditch, brook, or pond where you would not find plenty of material for the museum. If you know of some convenient shallow pond or ditch, go there some pleasant day, at any