The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-12-24
HOUSE OF REPRESENTATIVES,.


would not be permitted, but he might be allowed to
say that il was a proposition known to have been
presented the part of the committee of the Wing
caucus, to confer with similar committee OF the
Democratic caucus.
Mr.. ROOT. Order.
Mr.. STANTON. do not wish TO debate, but TO
make statement
Mr.. ROOT. 1t is talk, and that is not in order.
Cries: "Read the resolution" "What is it''
The CLERK. The gentleman from Ohio rises
TO point of order.
Mr. TOOMBS (rising) will be heard on the
power OF the House TO pass an order restricting de-
bate. ["Order," ''order."l intend to insist that
the House has not the constitutional power. ["Or-
der" "order," long continued intend to insist
on my constitutional rights at all hazards
MIR. STANTON. call the gentleman to order.
MIR. TOOMBS. The gentleman will take his
seat; no man has right to call me to order There
is rule under which / can be called to order.
MIR. STANTON. l had the floor.
MIR. TOOMBS. II was given to me.
MIR. ROOT. have no objection to hearing the
gentleman, If a similar privilege be extended to all.
| have been gagged down once, and ] object to
others being favored ['Order," "order."l
Mr. TOOMBS ] have the floor; and there is no
rule by which gentlemen can interrupt me, or by
which any order of the House can be enforced.
Mr.. STANTON. appeal to the gentleman a
matter of courtesy was the floor
MIR. TOOAIBS. AS matter Of courtesy yield to
the gentleman.
Mr.. STANTON. And certainly you will not
take the floor from me,
THE RESOLUTION PROHIBITING DEBATE.
Mr.. INGE. ask the gentleman from Tennessee
to give way, that may move to rescnd the resolu-
ton. ["Agreed,' "agreed."l
The CLERK. The gentleman from Tennessee
had the floor for single object
Mr.. INGE (Mr. STANTON having yielded to him
the hoor) moved that the resolution, passed the
l4th instant prohibiting debate until the election of
Speaker be rescinded.
Mr.. PECK observed that if this were done, the
door wOud be oDened n discussion on every sub
ject; and he moved to amend the motion, to allow
debate only on resolutions having in view an or
ganizaion of the House.
Mr.. TOOMBS. Mr., Cerk-["Question,' "ques-
ton,'' sorder.''l The question before the House is
on the motion to rescind the resolution. Is the
gentleman from Alabama on the floor
MIR. INGE No; make the motion; do not pro-
Mr.. TOOMBS Does the gentleman from Tennes-
see yield the floor?
Mr.. STANTON. l do, if it is understood that
am to have the floor the question shall be
decided. i have no objection to its being debated.
will give way to the gentleman for that purpose
Mr.. lNGE. trust the gentleman from Georgia
will yield to my motion, and permit the question to
be put. If the House vote it down, the gentleman
can express his views.
MIR. TOOMBS. desire to be heard, to show that
this House has no power to pass such resolution;
that, according to the Constitution and the act of
Congress of 1889, this House has not the right to
pass that or auy other rule. This is the simple
have the right to pass rule which abridges the lib
erty of speech and which violates the Constitution?
Is it true that the majority shall demand absolute
silence, when question OF so grave import is to be
determined involving the rights of my constituents,
and the whole people, and the integrity Of the Con-
stitution
Mr.. ROOT, (rising.) That is exactly the ques-
ton which wished To debate yesterday, when was
gagged down. | call the gentleman from Georgia
to order. object to his proceeding, unless the
right is extended to others
Mr.. TOOMBS. deny your right addressing
Mr.. RooT) to call me to order desire you to show
me the rule. The House has no rules by which it
can enforce ITS orders.
Mr.. ROOT replied: By the authority I'M
der which this House called me to order yesterday.
['Order, )" 'ordcr.'1
Mr.. ToOMBS, | deny the right of the gentle
man from Ohio to call me TO order. claim the con-
situtiona right of the freedom speech, and deny
that this House, under the law of 1885, has the right
to pass such an order
Mr.. ROOT. If the House will let the gentleman
speak. and gag down another, let them do it. pro-
test against it, in the of juetiee and my con-
stituents. ['Order," "ordcr''l
Mr.. TOOMBS. demand to know by what rule
the gentleman from Ohio interrupts me.
Mr.. STANLY. MIR. Clerk, call for the reading
of the rule adopted by the House the l4th instant
That addressing Mr.. TooMBs) is the rule by which
the gentleman has the right to call you to order.
Mr.. TOOMBS You have no rule. | don't yield
the floor. Where is the rule that gives the gentle
man the right TO call me to order when am upon
the floor exercising my right to debate?
MIR. STANLY. The rule Of the l4th instant, pro-
hibitng debate until after the election of Speaker
The majority OF the House having adopted that rule
il is the duty of each member to obey it.
Mr.. TO0MBS. There is such rule. The
majority of the House having refused TO adopt the
rules of the House, there is no rule by which the
gentleman can call me TO order. The majority of
the House must adopt rules for their own govern
ment before they can enforce any rules. The strict
Observance Of rules and of first principles is the
only security for minority.
Mr.. VAN DYKE. / called the gentleman from
Ohio to order the other day, and now call the gen.
teman from Georgia to order
MIR. TOOMBS. You have no right TO call me TO
ORDER and do not yield the floor for that purpose
do not yield.
Mr.. VAN DYKE. Nor either / claim the
right to require the gentleman to observe the order
of the House.
Mr.. TOOMBS. Very well, the gentleman may
call: he may violate the dccorum of the House and
of debate if he pleases; but have the floor, and
shall exercise my right of discussion.
Mr.. DUER am willing TO hear the gentleman
from Georgia, and propose that the unanimous
consent be given, TO allow that gentleman, and all
other gentlemen, TO discuss the point
MIR. TOOMBS There is no rule of this House 10
enforce its order; and if this House say they will
not hear upon the constitutional question-t"Or-
der" "order."1
MIR. BAKER. move that by unanimous con-
sent the gentleman from Georgia be allowed TO de-
bate this question: Cries Of "No," "No'-"No
favoritism.' Repeal your rule, and allow every
gentleman TO speak."l
Mr.. BAKER. | make that distinct notion. !
call spon the Clerk To put the question.
Mr.. TOOMBS. IL the House fit 10 give the
unanimous consent, have objection but de-
sire il TO be understood, waive no right. ] de-
mand right, in the name of my constituents, to
be heard
Mr. INGE. The motion of the gentleman from
Illinois (Mr. BAKER) cannot be received, there is
already question pending upon my motion TO
rescnd the resolution of the 18th instant
The CLERK, Ito Mr.. ToomBssh Will the gen
tleman from Georgia allow me TO put the question
upon the motion TO rescind the ruler
Mr.. TOOMBS. No; have the floor. ! have
respect for the Clerk, but he has authority TO call
me TO order. The Clerk can put no question with
out the authority Of the House. I"Order, order"
You may cry order, gentlemen until the heavens
fall you cannot put me down. [Great confusion
all over the hail. and cries of "Order,' "Order."l
1t is for you say whether this right shall be yield
ed, and when IL shall be yielded. ] desire, then,
gentlemen f''Order," "Order''] Of the I"Ordcr''
House, to show that you are without ["0rder'l
rules, and that no orders canGHerc the cries were
almost deafening; "St down ,""You have no right
to debate, "slap the desk little harder COR