The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-17

raj gentlemen speaking at once as to the pro-
per order of business Tie top Of their voices wheD
ted to decide for himself what was the prope' business
in order. and II not in conformity with the views gen
tlemen they might take an appeal
Mr. W. c. JoHHsoN commended that the question before
the House as til. motion Of the gentleman from New
York (Mr ClaTk) TO proceed with the execution OF the
der for receiving petitions His friend from Virginia
had risen first, but had made no motion.
Mr. MARSHAL. beggedto correct End from Mary
laFd as to the question fore the House AS the
Speaker had announced the result Of the vote on Their
solution OF Instructions he had NOV ed that the Commit
tee be called upon for the report.
Mr.. ARSsi got the foor hut his voice was to hoarse
as to be utterly indstinct except the concluding word
adjourn"
Mr.. srRIoo moved an adjournment.
The SPEAKER, how viewer, assigned the floor to
Mr. GARRErr DAVIS who gave notice Of his intention
on Monday nex to ask leave to Introduce bill rapea
the Bank upt Act.
The ayes and noes then taken on the question
Of adjournment, which was negatived by majority Of
lls to 81.
Mr.. BA,~ARp then rose and said he desired to say
few worcs if he House would hear him for moment
Mr. G: Il .wlLLiAMs-Ih hope not Nries oil :" report"
report" areport is d-msnded."
The STEAMER made some observ alton, which was not
heard in the great confusion.
Mr.. WnE- hope the Chair will keep gentlemen in
their seats 1.-THE members were standing in knots in
various parts the House, engaged in active converse
on, and the hum Of voices approached mach
less equalled, by any parish school in chrstendom
The SPEAKER, otter restoring comparative order,
called upon the gentleman from New York TO proceed
s sh rose and ssa ne asrsd no TO
Judiciary Committee and himself, as member OF the
Judiciary Committee, as under peremptory order Of
the House. and having been since Tuesday last 20
report bill to repeal the Bankrupt Law insonter; and
he had held himself ready to make that report
Mr.. WsE-Well, make II now
Mr.. BARNARD continued-His opinion was, that the
present instructions passed the House, added nothing
to the force of the previous order and he held himself
him. Hear him. hear him He now asked leave Of the
Houseio make his report. [Crss of object and great
cOnfasion1
Mr. SAUNDERS Ia member Of the Judiciary Committed
said he understood the gentleman from New York held
himself ready to report and that the committee had or
dered him to do and TO dol forthwith but that he
asked leave OF the House TO do 1t. mo, nono] Now,
he Mr. Ssunders had been directed by the committee,
and he now made his report Of object to such
report" That's exactly right" Order, order" and
Mr.. BARslRD Speaker, Mr.. Speaker. [order,
srEixxR-Gentlemen will please to take their seats.
(Ths . right
Mr.. 9. DAv's-Mr SPEAKER; Gorder, ordsrl
Mr. BARNARp-I had not yielded the foor and desire
it to be understood that am ready to make report
it is in order to do So r. Produce the report-read the
The SPEAKER said it must be obvious to the House
(Mr Wns Hear the chair-decide as he might on the
question oforder involved the reception othe report
that appe al could be taken from his decision, and
majority could override it. The House had made an
order the committee TO ntsner and he thought
was the duty ofthe committee to obey the order oil the
Eouse.
Mr. CusHrsoI appeal from the decision OF the chair:
MIR. WIsE-And call for the ayes and noes on the
Mr.. FILLMoRE--Mr. Speaker. (Order, order, and
deafening murmurngs throughout the Hsuse)
The SPEAKER hoped the House would come to order
"a voice heard to cry out Bring 'em to ORDER Mr.
Speaker.O
Mr.. FILLmoHE-I once witnessed a Of more
Mr.. WIsk-I hope the gentleman will be called to or
der as the question is not debateable
Mr.. FrLLMoRE-I recolecct we'll
Mr.. WISE lin voice OF thunder)-Mr. Speaker, call
the gentleman to order.
MI. srsIoa made some observation, which was not
heard at the Reporters desk
Mr. WISE increasing the volume OF his tone as he
addressed the gentleman from Kentucky call you to
order Sir (CUnvulsive laughter throughout the hall
The SrrAxEH-The House will come to order
Mr. WisE then said his point oil order was that under
the rule all questions relating to priority OF business
must be decided without debate.
Mr.. FILLMORE said the question now was on the ap
peal and simply going to say, that he had wit
messed scene OF violence in that hall when Il was per-
hars excited as was nowhe referred TO the od9us
New Jersey case(order order, order He spoke of 1t
precedent-(oIder, Orderly
The SPEAKER The gentleman will see the propriety
CT combining himself to the question.
Mr.. FILIMoRE.-TrHe; but had ne not the right 10
show r.cel n besrin n the casef $3.50
The 81, AKER made some otserv alton whichlwas not
he ard in the confusion
MIR FnLMonr contnued-Well, he would use milder
language respecting that He repeated reco
ccted in which the majority ofthe House ordered
umittee to rep u I" forthwith and that committee in
to the mmand Of the House presented its re-
port and asked NE privilege Of presenting ~ az
ing the strong party violence which pervaded that
hall, there found independence enough to sus-
tan the rulesI and prevent the report beng made,
and ii was retsined in the hands OF the Committee
some three four five days before the committee was
called in order and until was called In order the re-
port e He knew that this bill was doomed by
that Househe knew it was unnecessary to resort to
any steps to delay but he regretted that was
necessary to break down the rules and he called upon
the members OF all sides to sustain the rules OF the
House. If this decision of the Speaker were to stand,
all that would be required in many cases was to intro
duce resolution pass Thy majority, make impera'
tive forthwith and they changed at once their
order OF business They had passed more violent scenes
than this without dong that, snd he called upon the
House to pause before 1t did it now.
Mr.. WELLER called for the previous question.
Mr. BORDEN moved an adjournment, which was ne
gatved by the ayes and noes by moorty oil l0 to 81
Mr.. WIsE.-The question rs now OH the appeal.
The SPEAKER asked the indulgence Oh the Rouse LOT
moment There was no analogy ost@een ,ais y case
and the quoted by the gentleman iron New YORK,
but the chair would nevertheless be glad to avoid giving
decision upon it. A petition was presented and an or
der Of the House made committee to Iepoitand
report rendered by the chairman Of the committee
-(no, no, not the chairman) Well by member under
the order OF the committee-(" And oy the chairman
too'O That the state of the case, and the ques
ton was whether they should comply with the or
der Of the House forthwith" In the New Jersey case
had interviewed, but here the House still in session
and would be absurd to say that when the House had
directed report forthwith that its order was nugatory
He could not then in his judgment arrest the action OF
the House. (Ques'ion, queston)
Mr.. B.RS,sp asked the reading OF the journal Of
Tuesday which relates 10 this question
Mr.. WISE objected. To read the journals now would
be to do in the nature Of argument, and to this
objected when the previous question was called.
Mr.. C. CLARxE made the motion that the journalo
Tuesday be read.
Mr.. HowAap asked If it intended by the Speaker
to affirm the principle that an order Of this Housethat
committee shall report " forth with" went to suspend
the 22d rules which says that committees shall DC call
cd in order after the presentation Of petitions
The srEAKER's reply was insudible
Mr.. WINTHROP enquiIed whether the pending appear
did give occ aston debate fso, mast neces-
EARLY go Until the next petition day.
The SpEAxER's answer was not heard amidst thc
loud cries of Question which were heard from every
part OF the Hall
Mr. LEWIS WILLIAMS again appealed to the Chair to
have the journals OF Tuesday last read Cloud cries OF
order, Orderly
Mr.. BARxaRp-Is it in order to ask for the reading Of
the journals 7
The sreAxrRi, is not after the previous question has
been demanded.
Mr.. B.RNAnp enqured whether majority could not
order the journals to be read
The SPEAKER understood to decide in the negative
until they had disposed of the question then beore the
House.
Mr. FnLnoRE called for the ayes and noes on the
main question on the appeal.