The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-17
TWENTY-sEVENTH CONGRESS.
second session.

second session.
House Of Representatives.
SATURDAY, Jan. Ii, Isa2.
resolution submitted by HIM yesterday from, the Com
mittee on Public expenditures, authorizing to employ
clerk.
The srxAxER said it would REQUIRE unanimous con-
sent
Mr.. CAVE JOHNSON said he object to any but the
regular business of the House.
Mr.. srAsLY.-very Well only want it to be known
from what quarter the objection comes.
The New YoRx CusreM House. INvssTIcArIoN-THE
BANKRUPT Law REPEAL BHL-A FIERCE BRAvELLv
CONTESTED FIGHT
Mr. asked the unanimous consent of the House to
consider resolution calling upon the President of the
United states Tor the report the Commission upon the
New York Custom House.
Mr. CAVE JOHNSON said he object to any but the
regular proceedings for the purpose OF reachng the bill
to repeal the Bankrupt Law
Mr. LINN hoped the gentleman would withdraw his
objection information called for by the resolution
was very important.
Mr. CAVE JoHSsoN considered the repeal of the Bank
rupt Law more important.
SEVERAL voIcEs-Linn, move a suspension of the
rules
MIR. LINZ then moved suspension of the rules
The SPEAKER said the first business in ORDER
der suseson of the rules and it would be in order
to have second suspension upon the top fit.
Mr. GLMER asked the general consent of the House to
submit resolution which he had had in his possession
for these ten days.
Mr. HOPKINS said he must object to every thing but the
Mr. GILMEK hoped his colleague would withdraw his
objection uulil the resolution was read.
Mr. HorKns said he must object also to- the reading.
was glad to have the opportunity OF showing his
certify in this matter by objecting to the resolution Of
friend.
Mr. GrLMER said he would prefer that his colleagues
charity should begin at hone and not his sincerity "a
laugh)
The SPEAKER said the motion being objected to- could
not be entertained
The House then resumed the consideration Of the
solution instruct the committee the Judiciary to
amend the Bankrupt Law by including within prD.
vi sions corporations which their paper
rency, and such other amendments may render the
law perfect-the pending question being shall the main
question be new put 2"
Mr. ANDREWS said before the yeas and nays were call
ed he would ask the attention of the Speaker to the lat
ter clause Of the 3ah rule which lac desired the Clerk
might read and it was accordingly read as follows:
No member, or other person, shall visit Iemain by
the Clerkstable while the ay and calling,
ballots counting"
He (Mr. ASDREws) hoped the Speaker would compel
the observance of this rule hereafter and hat the clerks
would also keep the pages from tbs desks while the
and noes were being called.
The yeas and nays then called, and were, yeas
Ill, nays 50, SO the main question was ordered.
Mr. ANDREWS then called for the ayes and noes the
adoption Of the instructions and they order and
the motion to instruct was lost ayes SO, noes l0o.
Mr. BoYp presented petition of citizens of Otsego
county, New York. praying for repeal OF the Bankrupt
Law which he moved should be referred to the commit.
tee on the judiciary with instructions to report this
day at two O'clock and in execution of the order of the
sth instant bill to repeal the Bankrupt Law and upon
this he moved the previous question Phe petition and
resolution We're read, when
Mr. BOYD again demanded the previous question: which
ordered.
already acting under suspension of the rules
could then, this resolution be passed without two.
thirds vote
Mr.. CAVE JOHNSON rose to address the Chair, but
Mr.. GRANGER said he had not yielded the floor.
Mr. CAVE JOHNSON begged pardon, but he only wanted
to refer the Speaker to precedent.
The SPEAKER said he had many precedents, and one
already under the suspension Of the rules and in
conformity with them, he desired that the vote of
,aritr stttI lent III nIafn
noise and confusion in the Hall Cries Of II" order"
can't hear word, &c"
Mr.. wryrnnor moved to lay the whole proceedings On
the table.
Mr.. W. W. lawns to point of order. loud cries
of "erder.0 The gentleman from Kentucky Mr. Boypl
had presented petition he had moved that be refer
red with instructions, and had then the previous
question. Could member make three motions at once
Mr. BoYp wished to correct the gentleman little in
the history OF the He presented the petition and
moved the instructions and then, it true he had
moved the previous questson before the announcement
of the reception Of the position But it also true,
that after the petition eunced and the nstruc
tions readily he Clerk he had again demanded the
vious question.
The SPEAKER said it the practice and had been so
decided by the House, that a member might submit
proposition and without yielding the floor, the
previous question.
Mr.. IRwIS said he aware that member could
maketwo motions in succession but doubted the power
to make three.
Mr.. BARNARD asked where the petition was FROM
The SPEAKER said from Otsego county, New YORK for
repeal OF the Bankrupt law.
Mr.. Barnard then raised point Of order The in
structions not upon the subject matter OF the petit
ton, but upon Prev order OF the House.
AvorcE.-O Lord what point of order
The spEAxEK said the reference to the order Of the
House merely incidental and did not vitiate the
regularity OF the proceeding.
Mr.. BARNARD sad his point was this. The substance
OF the instructions was that the Committee the Judi
cary report in Of order Of the House here
toiore given. Could the House instruct the committee
10 DO what they have only been prevented from doing
here ore by the on of the business OF the House
The SPEAKER decided that the instructions were in
order.
Mr.. FILLMORE about to address the Speaker, when
he wasa krd appealed from the decision to which
he replied he satisfied that the decision was
Mr.. LEWIS WILLIAMS then raised another point of or
der. The instructions required the com mittee to re-
port the bill at o'clock but the rules of the House
imperative, that the committees shall not sit while
the House is in How the committee report
without violating the rules Of the House ?
The SrEAKIR said the committee could assemble with
in the hall, II necessary.
Mr. WILLIAMS said that the rules expressly ordered,
that the committee should only sit in the committee
roems
The spEAxER said the committee would have to take
that into consideration.
Mr. CUSHING then rose to point OF order About this
time the House in most umultuous state oil coniu
sion The gentleman from Kentucky presented peti.
ton upon which he moved Instructions and Immediately
demanded the previous question BY pursuing this pian
the most obnoxious petitions could be got into the House.
even the most odous of abolition petitions. He wished
to raise the question Of reception upon the petition:
Mr. PRofrr said that under the practice OF the House,
petitions always considered TO be received unless
the question of reception was raised when they we're
presented This was not the with abolition pet
TONS which were expressly excluded by the twenty
frstrule
Mr.. GARRrr DAVIS submitted that the question Of re-
cepon could only be raised when the petition vas pre-.
sented late after the previous question had
been ordered
MIR Bovp again stated that after the instructions had
be, read from the desk he had risen and moved the pre-
visus question.
The srrAKsR in reply to the gentleman from Massa.
chusetts, Mr. Cushing said he was not responsible for
the previous decision OF the House. though he considered
them imperative until reversed by vote of the House
had been again and again decided that the mover of
proposition could, presenting it, follow II up with
mo,ioH for the previous question As to the question Of
reception, the parliamentary law presumed petition
be received by unanimous consent unless the question Of
reception raised when il was presented,
Mr.. CUsHiSa considering the importance Of the ques-
ton involved elt himself constrained to make appeal
ON the Speaker decision. tCres Of Too late the
prev ious question has been ordered.r
The srf,xrs said the appeal was in order