The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-19
HOUSE OF REPRESENTATIVES,.
IN CONTINUATION.

SATURDAY, Dec. IA.
A point OF order being under discussion,
Mi. DUNCAN Do l understand the Chairman
that be refuses 10 decide the question of order7
The CHAIR replied that he had referred the de-
cision Of L 70 The house ITSELF
Mr.. BYNUM. Then why not let the house de.
eide il
Mr. DUNCAN said that il seemed 10 him very
extraordinary that the Chair would neither decide
the question himself nor, by putting II 10 The house
enable the house 10 decide Il.
Mr.. BARNARD commended that he had right 10
the foor and, unless decided by the Chair 10 60 on
with his remarks.
Mr. BEATTY, addressing Mr. Barnard.) You
have not the door, SIR, unless you usurp IT, There
resolution which has precedence Of all other bu-
siness, and you have no right TO push il aside by
originating new business.
Mr.. BARNARD. intend to debate the point OF
order as soon as can obtain the ear OF the house.
Mr.. BEATTY. You are not In order, and de-
mand that you take your seat I'LL The point Is de-
Mr.. RIVES If the Chair will not decide the
point OF order will he do the house the favor to put
the question and let the house decide IL.
The CLERK here, at the instance Of member,
read the a5th rhr, requiring member 10 take his
seat, when called 10 order until the ques ion of or
der is decided and also providing that all questions
OF order and appeals shall be decided without de-
bate.
Mr.. FRANCIS THOMAS made few observa-
tions, which were not heard
The CHAIR here decided that Mr.. Barnard had
right to proceed with his remarks but the grounds
on which The Chair made the decision were not
heard by the reporter.
Mr.. STANLY observed that the resolution adopt
ed last evening that the house would proceed to The
election OF Speaker, was dead that II applied 10
last evening only and not now before the house
In confirmation Of this opinion, Mr.. s. said that the
gentleman from Virginia Mr.. Dromgonle) was
overheard last evening urging his friends to proceed
with the election, and giving II his opinion that
II they adjourned without carrying the resolution
into effect The rpsn unuld WI he pro-
ceedings OF the day. and they would have TO proceed
de a0p0 in the morning.
Mr.. DROMGOOLE said he would not make any
remark with regard TO the propriety Of repeating
what gentleman might say 10 his friends He
would admit that he did express the fear to his
friends thai the resolution would be considered as
expiring with that evenings proceedings; but he
pressed no decided opinion on il. He was, however,
overruled by his friends, who all sides, declared
that the resolution would be imperative this morn
ing HeS'ould ask il it was not the understanding
with ALL gentlemans friends last evening, that
the resolution would be in force this morning. Al
least he understood that the gentleman from North
Carolina, and all his friends entertained that opin-
ion. He would ask ifit was not the understanding
on all sides of the house that the resolution would be
the first thing in order this morning Z
After some remarks from Mr. STANLY,
Mr.. WISE denied that there was such general
understanding for he entertained The opinion thai
the resolution OF last night that they would then go
into the election OF Speaker, was dead as soon as
before he sat down. For the last six years he had
been witnessing the triumphs Of The great Republi-
can party, and, thank God they had now brought
down that party to so lean majority, that they
have to jockey in order to win the race.
Mr.. JAMESON referred TO the decision made by
the Chair, that the resolution Tor going into the cleo
ton OF Speaker, passed last evening, was The first
business in order this morning. And quoting the
one hundred and twenty-sxth rule of the house, he
argued the point of order conending that the house
could entertain no other proposition until that was
disposed Of.
Mr. TURNEY moved that the resolution of the
gentleman from New York, Mr.. Barnard and the
question OF order arising it, be laid on the table
Mr.. BARNARD here raised a point of order,
dai;ced S Whiting as 2oHir5aHeys motion which he re-
"A point of order having been made, that resolu-
ton offered by Mr. Barnard not in order, at this
time pending the discussion that point Of order,
Mr.. Turney rises and NOV, to lay the subject of
the point Of order the table and Also at the
time to lay the resolution of Mr.. Barnard on the
bic. On this motion OF Mr. Turney, Mr.. Barnard
makes this point of order: That 1t is now in order
to move to lay the resolution of Mr. Barnard the
table"
The CHAIR decided that the motion Of Mr. Tur-
iaey was in order: when,
Mr.. FILLMORE rose and said, that, considering
this question to be Of vital Importance not only
at the present moment but as precedent for the flu
ture action of the house, he would appeal from the
decision ofthe Chair According to the decision OF
the Chair, member who had resolution to offer
could be compelled TO sit down on point Of order
before he had time 10 explain it; and then his
luton was taken from him, while his mouth was
shut by motion to lay the whole subject on the Ia
bic. This decision [said Mr.. may affect all OF us
hereafter; and, therefore, appeal from the decision
of the Chair.
Mr.. TURNEY called for the previous question
on the appeal and
Mr. FILLMORE called for the yeas and nays
Mr.. PETRIKIN moved to lay the appeal and
every matter relating to it, on the table.
Mr. MERCER nh rUpd thaf ha 10 uinyt he
the table would have the effect of affirming The
decision Of the Chair
Mr. LEWIS observed that there was great con-
fusion prevailing in the Hail. that it Difficult,
To understand the true question before the house
He thought the house would be relieved from its pre-
sent difficulty by the point Of order which he now
wished 10 make. He would ask Of the Chair, if IL
was not announced by him this morning, that the re-
solution on the election Of Speaker, passed last eve
ming, was the first business in order1 He asked the
Chair to determine that point Of order.
The Chair made no reply.
Mr. LEWIS repeated his inquiry OF the Chair.
[Great confusion prevailing, and frequent calls
for the question, mingled with cries of "Order,"
"order."]
Mr. GRANGER said few words, which, in the
noise that prevailed were not heard
The question on seconding the call for the pre-
vious question then taken, Messrs. Banks and
Carter being tellers and carried-ayes llG, not
counted.
The vote was then taken on ordering the main
question 10 De put ana carried without division.
Mr.. CRAIG called for the yeas and nays on the
main question, and they were accordingly ordered.
Mr.. Afford asked the gentleman from New
York Mr.. Barnard to withdraw his resolution, and
let the house go into the election OF Speaker. The
Administration party had DISTINGUISHED New Jersey,
and the Opposition had not the power to prevent IL.
The issue was with the people. He was tired Of
fighting on the outpost, and was ready TO meet the
question.
Mr.. CRABB agreed with hisfriend from Georgia,
IMr. Afford that IL would he bettpr inla the
election Of Speaker at once; and he would give no
tice 10 his political friends that he would go with
them in delaying that decision, by making appeals
and points OF order. He thought II was now high