The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1842-03-05

by the House, IN refusing the cali Tor |
the division of the question, was IN vio-
lation of 26th rule of the House, above |
quoted. The sense of the preamble and |
resolutions admitted of diUiSion. The |
4sth rule of the House of Representa-
tives of the United States defines what |
question is divisible, as follows: 'If it |
comprehends propositions in substance so
distinct that, one being taken away, a
substantive proposition shall remain for
the decision of the House." If this de-
fnition be correct, then Mr.. Mounts mo-
ton, as amended, was perfectly in order,
because ''each section of the preamble,
commencing with "whereas," of Cole
mans resolutions, comprises a distinct
proposition which forms, of itself, 'sa
substantive proposition for the decision
ofthe House." The same may be said
of the resolutions. They are not only
distinct, but even contradictory. In proof
of this we refer to the following abstract
of the propositions contained in the sew
eral sections of the preamble respective
ly.
1st section declares the practice and
duty ofthe Legislature to express their
opinion in relation to Federal measures,
and instruct the Senators, and request
the Representatives in Congress, &c. by
Legislative enactment or solemn protest.
Cd sec. declares that new and import
ant measures have been proposed and
adopted at the extra session Of Congress,
1841.
Sd sec. recites certain resolutions OF
Kentucky and Virginia in '9S and 'o9.
4th: Approves said resolutions of Vir-
ginia and Kentucky.
9Th: Protests against the bankrupt
Act" as impolitic.
9th: Denounces the distribution bill as
unequal and unconstitutional.
7th: Declares that the motive which
induced the distribution act was to Gre
ate the necessity for tariff, and denoun-
ces the Tax bill.
9Th: Denounces the "Loan bill" as
permanent national debt.
9th: Declares that Congress has no
power to create Bank OF the United
States in any form, and reviles the late
United States Bank.
The first resolution adopts the resolu-
tons of Virginia and Kentucky, Of '98
and '99.
Cd: Instructs Senator'S and Represen-
tatives in Congress to vote for the repeal
of the Bankrupt act.
Sd: Instructs Senators, &C. to repeal
so much of the Distrl button act al relates
TO the distribution of the nett proceeds
of land, and declares that Mississippi will
appoint no agent to receive it.
4th: Instructs Senators, &c. to vote
against any discriminating tariff recogni-
zing protection, and against any propo-
sition to create national debt.
9Th: Instructs Senators, &c. to vote
against any incorporation of Bank of
the United States having the power to
discount or deal in exchange.
9Th: Instructs Senators, &c. to carry
out the above principles.
7th: Requires the Governor to for
ward copies thereof to Senators and Re-
personalities in Congress.
We affirm that each of the sections OF
the preamble above quoted contains,
apart from the rest, "a substantive pro-
position for the decision of the House,
from the rest, also contains "a distinct
substantive proposition for the decision
Of the House," and that, therefore, call
for division Of the question on the "sec-
tons of the preamble commencing with
: Whereas" and the resolutions, was in
order under the 26th rule ofthe House.
We, moreover, affirm that the reason
on which the Speaker based his deci.
sion, to wit, that '.these resolutions were
like bill which could not be divided on
its final passage is absurd in itself, and
contrary to the usage and practice of this
House as we'll as of the Senate, and every
parliamentary body.
LIST: 1t is absurd, because, unless re-
. solution is intended to have the effect Of
law, it need not be read three several
!; times, but may be put on its passage and
adopted on one reading. The only ex
ception to this practice is contained il
the SD rule, which requires 'joint re-
solution, order or vote to be read anC
laid on the table for one day preceding
that in which the same shall be made
2 &C." 1t cannot be contended that the
7 preamble and resolutions referred to
!, have, or are intended to have, the effec
2 of lar; and, therefore, they stand OIL
e the same footing with ordinary joint reso
$ Iutions or orders, and are only requires
e to be read once before their final pass
q age. Unless, therefore, division cal
r be called, then, such call would be WHOLLY
d precluded 1t is also contrary to tn
n .., ~c th;u Honca and IF fho Cona4<,a