During the Civil War, the Senate accepted temporary rules applying only to specified categories of bills that required germaneness of debate and amendments, and limited each Senator to five minutes of debate on a bill or amendment. Otherwise, it appears that not until almost 1870 did the Senate feel a need for further rules restricting consideration. During that period, the Senate adopted a number of new procedures, many of which still shape its proceedings today. INCREASING RESTRICTIONS
In 1868, the Senate provided that debate on a motion to proceed to consider a measure could not address the merits of the measure. Later, in 1881, the Senate adopted a temporary rule limiting debate to 15 minutes on motions to proceed. In 1884, it adopted the rule that, in its current form, makes motions to proceed nondebatable if offered during the morning hour or on conference reports or amendments of the House.
In 1870, the Senate instituted the ``Anthony Rule'' (named for President pro tempore Henry B. Anthony of Rhode Island) under which measures that were not objected to could be considered on a call of the Calendar, and disposed of under a time limitation. This procedure was used regularly until at least the middle of this century, and is still in the rules. Now, measures cleared informally ``on both sides of the aisle'' are considered by unanimous consent at times convenient to Senate leaders.
In 1871, the Senate first provided that an amendment to an appropriation bill could be tabled without taking the bill to the table with it. In 1882 this provision was extended to amendments to all measures; it remains in effect in this form today. This change significantly increased the ability of a majority party to regulate the floor agenda, and to dispose of problematic issues indirectly.
For some years beginning in 1872, the Senate regularly adopted resolutions providing for a motion to limit each Senator to five minutes' of debate on a pending appropriation bill. In addition, in 1879, and occasionally during the following decades, the Senate permitted the Chair to count for a quorum. (By 1928, however, the Senate no longer supported such action, and contemporary practice permits it only under cloture.)
On the other hand, by a series of actions between 1870 and 1873 the Senate affirmed that debate need not be germane to the pending matter. The Chamber did not modify this principle until 1964, when it adopted the Pastore Rule (after Senator John O. Pastore of Rhode Island), providing that debate must be germane during the first 3 hours of considering business on each calendar day.