Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-01-22

which MAS agreed TO- and tie rcsoulion adop!cs.
Mr.. Tlinebas gave notice that he should 10 moro"
ask leave 10 bring in bill TO allow drawback on on'
ties On imported hemp, when manufactured ih'o eo'p-
age aud exported a,
THE Huu.e then resumed The consideration of Mr..
Cambrelengs rnonn to raise select committee 10 III
yeslsale the dvfalcaliuns of Samuel Swartwout, ihe
question being the moon to strike from the m"osd
resolution The proposition TO raise saa cothi''ee ~
ballot.
Mr. Duncan addressed the House al some length and
having concluded his remarks,
Mr. Pe,rkin obtained the floor, and moved the pre-
vous question.
MIR. Grennell moved call of the House, before TAX
ing the question: however,
Mr. Z. Withdrew the motion fur the previous queslioh,
at the solicitation of
MIR. Slanly, who, having spoken some time IN reply
to Mr.. Duncan, renewed the motion Tor the previous
question.
motion for the previous question, if prevailed: Would
il not cut off the amendment which proposed the aP-
pointment of the committee by BALLOT
The Speaker replied in The affirmative.
MIR. Wise moved call of The House, which was Ia,
ken by eiers and there appeared be 81 for the call
and 80 against it, The Speaker voted against 1t, and
seQuently IL was lost.
Mr.. Kennedy obtained The foor and moved that the
House adjourn; upon which notion
Mr. Coffin demanded the yeas and nays; which were
ordered, and appeared folIows:-yeas H. nays 1873
So the House refused TO journ.
Mr. r. Garland renewed the motion for n call OF the
House; which taken by ,eers and there appearing
80 for it, and Ol against it, was accordingly decided IN
the negative.
The question then required upon the motion for the
previous question; which, being taken by teers and
there appearing 81 for it and Is against it, was accord.
ingly decided in the negative.
Mr.. Kennedy, being entitled to the floor, proceeded TO
discuss for a short time the proposition before The House,
but waived his right 10 admit motion tor adjournment
The question upon the motion 10 adjourn was taken
and decided in The negulive-yeas e3, nays ll3 >,
Mr.. Kennedy inmal ted wish that the House should
come decision upon the subject before II; ana, 10
enable il TO do So suspended all further remarks.
The question being on The proposition OF Mr. Thomas
OF Mary land, strike from the amendment moved by
Mr.. Garland Of Virginia the words "elect by ballot,
and insert the words "Dira roee."
Mr. Fillmore thereon demanded the yeas and mays.
Mr.. Smith inquired Of the Chair if The amendment 10
the amendment would moi, as involving change Of the
rules require majority Of two-thirds for lis adoption
The Speaker understood 10 say that if the nd.
ment 10 the amendment required two thirds, it would
also require twothrds 10 adopt the resolution He de-
cided that competent for majority 10 amend the
resolutions; bul as it involved change OF The rules, II
would require of two-thirds to pass il, and cited
precedenls of the House and parliamentary law TO sus
tain him in his decision.
Mr. Wise said he did not coincide with the opinion Of
the Speaker; that the law did not satisfy his mind He
commended that it not competent for the Cair to
terrain motion, which was, in effect, 10 change and
abrogae the rules Of the House. and stated his point OF
order be founded upon the rules Of the House, in the
following words All committees shall be appointed by
the Speaker unless otherwise specially directed by The
House. in which they shall be appointed by ballot.
The Speaker decided that it in order 10 move the
amendment, and that the point raised might he "a fit
ground for its election by that House. but not within
The competence Of the Speaker 10 Suppress as If 1t were
against ORDER that if the amendment to The amendment
be agreed 10 By majority and the amendment amend
ed be poratcd the resolution by aoriiy. the
resolution in that form, would require, under The ll9th
rule, which provides, "nnr shall any rule be suspended
except by vote of at least twothirds Of The members
present. a vote Of two thirds to pass The same.
MIR. Wise appealed from this decision Of the Chair,
and demanded The yeas and nays upon said appeal.
MIR. EImore suggested 10 the gentleman from Virg
nia Mr.. Wise tina, this not the time 10 raise the
question of order; that il would be much better 10 raise
il upon the resolution ITSELF and not preliminary
motion.
Mr.. Wise replied that it the proper time; he
wanted the House 10 determine whether it was conpe-
lent 10 entertain motion that in his opinion, violated
a rule Of The House
Mr. Fillmore here read The rule of The House, which,
in substance says that proposition to amend The rules
should be submitted day previous TO the question on
it's action; and gave his opinion that ii was not IN
order 10 entertain the motion 10 amend the resolution
Mr. Banks, in substance, said he had risen for the
purpose of sustaining the decision Of The Chair, and
should have preferred adaering TO the course he had
prescribed 10 himself in voting rather than IN parcipa
ling in the prolracled and boundless debates OF this
House, and especially upon the resolutions aud The
amendme nts now under consideration; but, concurrlng
in the decision made by The Chair in the question OF
order raised, and appeal had been taken from
that decision the House. he felt bound by every con-
sderalion Of duty which he owed to himself and The
privileges due every member Of the House, briefly 10
assign The reasons for the opinion he entertained He
regretted that, in The views he should present upon this
subject, he should be compelled, by way OF illustration,
aude the practice OF another legislative body, over
whose deliberations he long had the honor OF presiding
Ar pbafi 10 he ppn fp
called upon 10 decide Certain resolutions have been
introduced proposing 10 raise committee to investigate
the defacaton Of Mr. Swartwou late collector at the
put of New York motion had been made by his COL
league [Mr Wisel 10 amend the resolutions so as TO
change the mode ofapponling the committee, by insert
ing The words by ballot and the gentleman from Mary
laud mir. Thomas had moved 10 amend the ndmeni,
by substituting in lieu thereof, "rira roce he asked
whether il was in order 10 TO amend the amend
nent There could be doubt upon that point. II IS
principle Of parliamentary law recognized by every
writer upon the subject and pracsed upon by every le
gisalve body known to history, that ue amend
ment this time would moi be in order However IN
consistent incompatible amendment may be to one
already agreed the main question itself furnish.
ed proper ground for its rejection by the House, but 1t
could not be suppressed by the Speaker Suppose that
the proposition Of the gentleman from Maryland was IN
direct and palpabe violation Of the Constitution of the
United States. could the Speaker say that it was out OF
order and therefore, not entertain the molIon Surely
not Sir Each member decides Tor himself what is con.
stitutiona unconstitutional, expedien ine1pedient
The only question for the Speaker 10 decide, when pro-
position submitted is whether it is in order to amend
If that question be answered ahrmatvely, he has
right to decide upon the character bearing OF The
proposition or amendment II this amendment TO the
amendment should be adopted, and finally become in
corPornled WITH and stand part of the original reso-
luton, then by another rule of the House, it would re.
qure two-hIrds Of the members present II pass the
resolution, which he believed would be carried by
nine lenlhs of the members Of this body for no member
opposed TO this investigation. In the House OF De-
egaes of Virginia every thing there is decided by ma
ory Of the House; we know nothing of this twohirds
tee, whether standing select shall be less than five
than thirteen members; it had often happened
there upon great and general questions affecting every
portion Of the State, resolution would be adopted d.
recling The Speaker take member from each Con
gressiona Senatorial district the standing rule by the
action of the House ITSELF would be, pro tanto suspend
ed or repealed So The same principle would pre- vail