The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-10

8 Mr.. LlsH hoped not. Ia all the difficulties
which had arisen daring the time he was member
fine Senate. and they had been many, there never
vas bat enc considered with closed doors-thal
which occurred between the Senator from Ken
tncky and the Sesator from Alabama. He consid
cred the action of the Senate such difficulties,
after the call to order had sliayed them, uacalsd
for. II was always better to let them be settled
BY the parties themselves out OF doors.
Mr. PREsroN withdrew his proposition to con-
slider the matter with closed doors.
Mr. LIyS thought any new rules on The subject
ought not to partake Of the iniquites Of the bank
ruPt act in operating retrosPectively. Almost ev;-
~ day the Senae in session for the time which
had fallen under his observation. breaches Of order
had occurred, and no notice was taken OF them
At the extra session case as exciting as this had
any action Of the Senate. As he understood the
language Of the Senator from New York, applied to
his (Mr. Linn's) colleague, Mr., Benton,) it wss
personal, and referred men to his opinions aud
course Of action here TO the doctrine or measures
of his party II his friend and colleague under
stood Il, it was q necessary conse quence that he
would be irritated aud make such . remark As he
did. Ssch ePithets would stir the blood Of any
in this body a. well as that of his friend
Mr. BEHroN.-And those epithets unfor,nded per-
sonalities. HtE
Mr. TALLMADeE There was no personalities !;
the remarks were not SO applied.
Mr. LINN regretted this difference very much.
But he could not, q member of the Senate, con-
sent that out of all the difficulties and breaches of
order which had been daily occurring for a series
OF years. his friend should be selected the victim
to make an example. -. I
Mr. PREsroN declined any further proposition,
having Withdrawn that to consider the matter with
closed doors.
Mr.. SEWER conc eived the true state Of the case
70 be, that II the Senator was in order in making
his remarks, the Senator from Missouri was out OF
order in interruptng him. IL the Senator from New
York was out OF order in the language he used, the
Senator from Missouri was not out Of order in ar
yrss Of Vks 10 r,u in stHA
the Chair to decide.
The CHAIR did not understand the epithets Of the
Senator from New York as a piled personally to
the Senator from Missouri but to the opinions aud
course Of action of the party. The CHAIR n, in this
view of the case, considered the Senator from New
York was in order
Mr. CLAY considered the breach Of order by the
Senator from Missouri was in two particulars: rst,
In the language used and next, in speaking from
his seat. He denied that the case between hims
and the Senator from Alabama, was case in point;
they were in possession of the floor. Here the
Senator from New York alone was entitled to the
floor, and while ia possession oft, another Senator,
throwing himself back in his chair and declaring
aloud that what the Senator on the floor says is
false, and repeats the epithet several times.
eMr. LINN did not think that altered the case at
all. The question at issue was one OF breach of
der, no matter whether committed in peace or in
anger. The question to be decided was one of or
der, and IT ascertalned that breach OF order had
occurred, what was to be done? Surely, if any
thing was to be done in this case it ought TO have
been done in hundreds of cases passed ever hereto
tore. II gentlemen propose to act plumb up to the
rules, be was ready to accede; but every enc mas,
do it. One Of the rules is, that no one shall read
newspaper, or make the slightest noise TO distract
attention from the speaker; but who kept these
rules! Yet was not every infringement breach
Mr.. WALKER dissented from the views taken by
the Chair as to the application Of the remarks ..
the Senator frem New York. He considered them
of character personal to the Senator from Mis-.
fao NJ hA ina
was making them of what might occur. W.
MIR. TALLMADeE explained that, what he did say
was, that the doctrines and measures advocated
BY the Senator from Missouri had contributed to
the calamities and distress of the country
Mr.. WALTER supposed that the Senator. in the
ardor OF his feelings, was unconscious that his Lam
gage went further than that, and bore the person
~ character which had produced the difficulty
Mr.. PHELPs thought, in that case, the proper
course would have been for the Senator from Mis-.
souri, to call the Senator from New York to order,
and let the Chair decide.
Mr.. kiNc hoped this would be warning to Sena-
tors not to indulge in irritating language in future
and avoid presenting this body, which was looked
up to az the most deliberate and orderly in the
sosntry In such An attitude that exhited to-day
Mr. MAHoUN was not eonversant with the rules
OF oraer, but coneeiving action Of the Senate
growing out!of what had occurred, was demanded
TO prevent the recurrence of Of this kind in
Resolv ed, That Committee Of w senator. be- an.
pointed 70 inquire hat order ought to be taken upon
Senator in his seat addressing another in of
me aoer and using opprobrous and insulting language;
ana that said mttee inquire what order ought
taken with regard to the language addessedb the Sc
while in the possession Of the floor. ..f n
All ne would add was. that he must request the
Chalr would not place him on the committee, for
the simple reason he had stated, that he was not
conversant with the rules Of order.
Mr. LINN rose to make some remarks, but was
told 1t was not in order.
Mr. KING asked il il was in order to receive the
Ipsat NJ
The CHAIR considered that If no appeal was
made from the decision of the Chair, that the Sena-
tor from New York was ia order. Nothing inter.
mediate could be received till he had vacated the
6oor. =
Mr.. LINN thought as the Senator from North Ca
rolina had not been prevented from making his re-
marks, he, too, might say few words, but as it had
peen declared out OF order, he would sit down.
Mr. CLAY n ade a few remarks rclative TO ques-
tion OF order. -
Mr. BAYARp was proceeding to show that little
attention 10 the strict parliamentary rule would
point out the proper course to settle the whole
Mr. SEVER conceived.itwas not. in order for the
Senator to proceed.
Mr. BArARD had but few words to say.
Mr. SEvIER objected. 4
Mr. MASGun, in order to remove the difficulty of
proceeding, appealed from the decision of the chair
that the resolution was out of order
MIR. BAYARD then proceeded to read the pailia-
menary rules, and expatlstsd those he consider
The CHAN again explained the occurrence, as it
appeared to him.
MIR LINN appealed to the Senator from North
Carolina to withdraw his resolution.
Mr.. BESToN-Never mind that, my good friend
Mr.. LINN would ask the Senator from North
Carolina to withdraw his resolution.
Mr. BENTON offered the following amendment to
Mr.. Mangum's resolution -
"And how far it was proper and consistent with the
rules Of the Senate for the Senator from New York r
Tamsdge) TO address the Senator from Missouri (Mr
Benton) fer long time disturber of the counryas
being habitusly disturber Of tho couutry-as being
particularly so in relation to the Bankrupt law, beseech
ing him for to his custom-impsa him
with being the author Of the Indebtedness of the bank
rupsand a. having heart to feel for the dsresses
which he had created
The CHAIR observed that an appeal was pending,
and the amendment could not be received.
Mr.. MANGvM observed that his purpose was not
to PREJUDICE the Senator from Missouri; and on re-
perusing his resolution, he found it would in some
measure do that; he therefore would withdraw the
resolution.