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

resolution and he asked the leave OF the House TO
present 1t, 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 exceptions that 1t
should go into effect to morrow
The resolution was read as follows:
ResoUed, That tomorrow, IL person have
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
ceive only one less than majority of the whole
number of votes, he shall be declared TO be elected
and if no person be elected Speaker the said Sc
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 it would
be satisfactory to the people of the country,
that, whatever is done
Mr.. BROWN, of Mississippi, reminded the gen
tlcinan 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 a
resolution adopted to preclude debate during
the election of Speaker. He understood that, in his
absence, yesterday, a decision was made uat tney
must not only GO into the election without debate,
but that they must exclude debate other resolu-
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 asking to be permitted to explain, as the
gentleman from Kentucky allowed a similar
privilege yesterday. The gentleman had explain
ed, but was proceeding to discuss the matter. Mr..
A. made point, that the gentleman must confne
himself to the explanation.
Mr.. WOODWARD said, that if the decision of
the Chair was adverse to his proposition, he would
appeal to the House.
MIR. TOOMBS remarked, that the resolution
passed by the House, to exclude debate during the
election of Speaker, did not contemplate that
olutions generally should be acted upon without
Mr.. WOODWARD. Certainly not
Mr.. TOOMBS said that 1t was not for the House
to gag the member who should introduce a resolu-
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 a 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
correct view Of the subject. While voting for
Speaker, however, debate not in order.
MIR. VAN DYKE said that there had been de-
bate since the passage Of the resolution referred to-
and its passage was to stop debate all subjects.
III IL was the Will OF the House again TO de-
bate, they would be exactly where they stood when
the resolution passed. II the House thought
proper to rescind the resolution let them do so.
But, until the resolution rescinded, debate
not in order. He would insist the question of
order, and would call every gentleman, who rose
to debate, to order, until the resolution re-
scinded.
Mr. KAUFMAN said that he was not perhaps
fonder ofspeaking than any other gentleman he was
not in the habit oftroubng the House much; he was
not particularly DESTROYS of making speech now.
He was willing to decline making a speech. He
would not have offered to do so had not a 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 to- 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.
Mr.. KAUFMAN hoped that a question would be
taken on the adoption of the resolution, and that a
motion would not be made to lay it on the table.
MIR. JOHNSON, of Arkansas, said that he had
offered his resolution as an amendment and he
wanted the House TO have the liberty of debate He
then withdrew his proposition.
Mr.. TOOMBS remarked that the resolution of
Mr.. KAUFMAN violatve of the resolution to
continue the voting, without debate, until cleo
ton shall have been effected. He held that the
House now could do nothing but that. All resolu
resolution adopted last week, that nothing else
10 be done but 10 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 vioative of the Constitu-
ton, and did not wish that instrument tramped
upon in the indirect mode presented The Consti-
tuition gave TO the House the right to choose its
Speaker.
Mr.. KAUFMAN inquired whether the Consttu-
ton did not give TO each House the right to deter
mine the mode of proceeding; and did it not re-
quirc a 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, under no law. The
House was not now law making power; members
had not yet taken the oath which binds them 20 the
throne Of the living God TO discharge their duties
MIR. VAN DYKE made remark which 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 the resolution Of the gentleman
Mr.. TooMBs replied in the affirmative and
said he wished TO show how important il that
the resolution should be ruled out. plurality
might be brought down 70 two men. Notless than
a majority is the House; less cannot be the House.
Twenty members can compel attendance, and
when more than majority over, IL pro-
cured that is the House No body, less than a
oi III tle mcInDcrs, De n lcghl Douy.
This IL the sense all the world. The Consttu-
ton makes use Of il in this No rule can be
made until there IL an organization. Whether hx
views were correct or not was important 70 every
man that the great question should be discussed.
He repeated, that il resolution be introduced,
there should be liberty Of speech TO discuss IL before
the rule is put into operation
MIR. HOLMES was glad that the gentleman from
Georgia, who had just taken his seat, had touched
point which lay at the foundation Of the Constitu-
ton. The resolution under consideration was to
elect Speaker by plurality. The first question
TO be determined was, what right have you 10 pro-
coed without the pale Of the Constitution That
Constitution defines what you are, What are you
House. What constitutes q HouseS A majority
81 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 en1e; and for less than majority TO make a
rule would be without effect. Before you organize,
you delegate your power TO less number,
Mr.. KAUFMAN wished TO add TO the resolution
he had submitted provided, no member shall be
elected Speaker unless thorc be quorum Of the
House"
Mr. HOLMES said that case was decided in