The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-12-19
HOUSE OF REPRESENTATIVES,.


present II, with few remarks. The courtesy ex-
tended to the gentleman from Kentucky (Mr.
THoMPsoN) yesterday, he hoped, would be accorded
to him. The resolution was designed to effect an
organization, and to quiet public excitement IL
was substantially the same that which he sub
mitted yesterday, with this exception; that IT
should go into effect tomorrow.
The resolution was read as follows:
ReSoloed, That tomorrow, If no person have a
majority of all the votes cast for Speaker on the
next vote, then upon the second vote, after the
adoption of this resolution, if any member shall re-
ceive only less than majority OF the whole
number of votes he shall be declared 10 be elected;
and if no person be elected Speaker the said
cond vote, then upon the next three votes, if any
member shall receive only two less than majority,
he shall be declared elected, and on, requiring
vote less to elect for every vote taken, until
choice of Speaker is made.
MIR. KAUFMAN remarked that his objection to
the resolution of the gentleman from Kentucky
(Mr. THoMPsoN) was, that he conceived ii would
be more satisfactory to the people OF the country,
that, whatever is done
Mr.. BROWN, of Mississippi, reminded the gen
tcman that resolution was adopted, last week,
prohibiting debate while the election of Speaker
was pending.
The CLERK remarked, that the gentleman from
Texas had received unanimous consent to pro-
coed.
Mr.. BROWN did not hear the consent granted.
Mr.. WOODWARD said that some days ago
resolution was adopted to preclude debate during
the election Of Speaker He understood that, in his
absence, yesterday, decision made that they
must not only go into the election without debate,
but that they must exclude debate other rcsolu-
tons which may be introduced and vote for or
against them In such cases, he would claim the
right to be heard.
Mr.. ASHMUN understood the gentleman from
Texas as asking to be permitted to explain, the
gentleman from Kentucky allowed similar
privilege yesterday. The gentleman had explain
cd but was proceeding to discuss the matter. Mr..
A. made point, that the gentleman must conhne
Ia alf t.Nt l,..., NI,.,,
MIR. WOODWARD said, that if the decision of
the Chair was adverse to his proposition, he would
appeal to the House
Mr.. TOOMBS remarked, that the resolution
passed by the House, to exclude debate during the
election of Speaker did not contemplate that res
olutions generally should be acted upon without
debate.
Mr.. WOODWARD. Certainly not.
Mr.. TOOMBS said that it not for the House
to gag the member who should introduce a resou-
ton If any should introduce a resolution not
in accordance with the Constitution, he would be
heard.
Mr. JOHNSON, of Arkansas, observed that
wherever the fault may lie, member could not be
gagged. He wanted to have full hearing, and,
to this end, offered resolution, that, until other
wise ordered, debate shall be in order.
Mr. ROOT thought that Mr.. WOODWARD took a
correct view of the subject. While voting for
Speaker, however, debate was not in order
Mr.. VAN DYKE said that there had been no de-
bate since the passage of the resolution referred to-
If it was the will of the House again to open up de-
bate, they would be exactly where they stood when
the reso luton was passed. IL the House thought
proper to rescind the resolution, let them do So
But, until the resolution rescindcd, debate was
not in order He would insist on the question of
order, and would call every gentleman, who rose
to debate, to order, until the resolution re-
scnded.
Mr.. KAUFMAN said that he was not perhaps
fonder ofspcakng than any other gentleman; he was
not In the habit oftroubng the House much; he was
not particularly DESTROYS of making a speech now.
He was. willing to decline making a speech. He
would not have offered TO do so had not similar
privilege been accorded to the gentleman from Ken
lucky yesterday. All he asked was, that the men,
bers would give him the yeas and nays the reso-
luton. He did not mean that it should GO into eff
feet day, and thought that, if adopted, it would
produce an organization.
MIR. WOODWARD had no disposition to draw
out general debate. He did not wish to hear it.
All he desired was that, whenever an important
question started, that there shall be reason
able opportunity to discuss it.
MIR. KAUFMAN hoped that question would be
taken on the adoption of the resolution, and that a
motion would not be made to lay it on the table
Mr.. JOHNSON, of Arkansas, said that he had
offered his resolution as an amendment and he
wanted the House 10 have the liberty of debate He
then withdrew his proposition.
MIR. TOOMBS remarked that the resolution of
Mr.. KAUFMAN was volative of the resolution TO
continue the voting, without debate until an cleo
ton shall have been effected. He held that the
House now could do nothing but that. All resolu-
tons were out of order. lie understood, by the
resolution adopted last week. that nothing else was
TO be done but 70 elect Speaker; but it would be
unjust TO strangle debate, and affect the rights Of
the State, when new propositions are before the
House lie believed that the resolution of the gen
teman from Texas was violative of the Constitu-
ton, and he did not wish that instrument tramped
upon in the indirect mode presented. The Consti-
tuition gave 10 the House the right TO choose its own
Speaker
INNs A
ton did not give TO each House the right to deter
mine the mode of proceeding; and did il not re-
quirc majority to pass the resolution?
Mr.. TOOMBS replied, that no rule could be adopt
ed until the House was organized. They were un-
der the parliamentary law, or under no law. The
House was not now a law making power members
had not yet taken the oath which binds them 10 the
throne of the living God TO discharge their duties
Mr.. VAN DYKE made a remark which was not
heard. 10 which
Mr.. TOOMBS replied, that, if it was sought to
pass resolution affecting the right of debate, he
stood on the Constitution and the freedom Of
speech.
MIR. VAN DYKE asked whether any debate
could take place on the resolution Of the gentleman
from Texas,
Mr.. TOoMBS replied in the affirmative, and
said he wished TO show how important il was that
Inc resolution should be ruled out. plurality
might be brought down 70 two men. otless than
majority Is the House; less cannot be the House.
twenty members can compel attendance, and
when more than a majority, one over, is pro-
cured, that il the House. No body, less than "A
majority of all the members, can be a legal body.
This is the sense all over the world The Constitu-
lion makes use Of il in this sense. No rule can be
made until there is an organization. Whether hs
views were correct or not, il was important to every
man that the great question should be discussed.
Tic repeated, that If a resolution be introduced,
there should be liberty Of speech to discuss it before
The rule is put into operation.
Mr. HOLMES was glad that the gentleman from
Georgia, who had just taken hs seat, had touched
point which lay at the foundation of the Consttu-
ton. The resolution under consideration was to
elect Speaker by plurality. The first question
10 be determined was, what right have you to pro-
.eed without the pale Of the Constitution That
Constitution defines what you are, What are you
House What constitutes House, A majority
VI the members. But, IL said that less than a
majority may proceed TO organize the House.
Major est totem est-where the majority is there is
The en4e; and for less than majority TO make
rule would be without effect. Before you organize
you delegate your power to less number,
Mr. KAUFMAN wished to add 10 tho resolution
be had submitted provided no member shall be
elected Speaker unless there be quorum of the
House"
Mr. HOI MES said that coso uos doc;1a,t -,