The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1850-09-12

Cnalr can make no discrimination be-
tween a motion TO refer proposition
concerning the business ofthe Delegate g
own Territory, and a proposition con-
corning the general business Of the
House. The rule of the House is gen
eral, and the practice ofthe House, so
far as the Chair is acquainted with it,
has been general The Chair, there
fore, overrules the point Of order of the
Fgentleman from Mississippi, Mr.
Thompson.
MIR. Burt (who was chairman of the
Committee of the Whole on the state
of the Union at the time the decision on
a former day was msde) said, that he
felt it due to the House to take an ap-
peal from the decision of the Chair
And the appeal, he believed. was de-
batable.
The Speaker. The appeal is debata-
| BILE.
Mr.. Burt proceeded. / desire to
say very few words in support of the
appeal. The Speaker ofthe House and
the House itselfwill remember, that the
Constitution of the United States pro-
vides that the House Of Representatives
shall be composed of members chosen
every two years by the people of the
several States: and that a subsequent
provision Of the Constitution declares
that leach House shall keep Journal
'of its proceedings, and from time to
time publish the same, excepting such
parts as may in their judgement require
secrecy" Now, | apprehend that
neither you, Mr.. Speaker, nor any mem
Der OF this House, can suppose that a
Delegate from Territory is a member
of this House, within the meaning of
that provision of the Constitution which
| have read, aud Idesire to know, sir,
whether it is your practice, in making
up the Journal of the House, to have
entered upon it such resolutions and
motions as may be made by Delegate
from Territ2ry' | submit, with great
respect to the Chair, that it being the
duty of the Speaker to superintend the
making up Of the Journal, it is All error
to enter upon it any motions which may
be made, or any resolutions which may
be offered by a Delegate He is not
member of the House. He is not one
whose acts are to be recorded upon the
Journal for which provision is made by
the Constitution of the United States.
Some conversation followed between
Mr.. Carter and the Speaker, as to the
extent of the debate allowed by the ap-
peal.
The Speaker having ruled the course
of remark of Mr.. Burt to be in order,
Mr.. Burt proceeded. My friend from
Ohio Mr.. Carter certainly has very
strange views of the point of order, and
of the appeal which has resulted from
it, if he does not perceive that the ap-
peal undoubtedly impugns the correct
ness of the decision, and presents the
necessity for a discussion of that point.
AT the time the gentleman interrupted
me, l was going on to say that the re-
cording upon the Journal of the House
of resolutions, motions. or other acts
done by the Delegate from Ter
ritory is, in my opinion, an Interpolation
Of the Journal, which the Speaker has
no privilege to make.
A Delegate, then, not being a member
of the House by the provision of the
Constitution, the House must look to
the laws of Congress for the privileges
which may be conferred upon him. That
is undeniable. BY the act of 1917, as
is now sufficiently known to the House,
it is the privilege of a Delegate to take
part in the debate, but not to vote That
act was intended to define the rights and
privileges which Delegate should ex-
ercise in this House. Certainly he can
have no other privileges.
Well, then, the question arises,
whether the right to take part in debate
includes the privilege to submit motions,
or to make propositions to the House:
The House will readily perceive that to
make motion, or submit proposition,
it is not at all necessary to the right to
take part in the debate. A member may
speak to a motion made by others That
ia done every day, and somewhat, at
times, as we all know. to the annoyance
of the House. To make a motion, then
is not necessary incident to the right
~ opSoN> out thC ! * III " tuhC pdit VII tiS
debate rather seems to be incidental to
to the right or privilege to make mo-
ton, or to introduce proposition; and |
submit to you, Mr.. Speaker, and to the
House, whether, by your decision, you
are not making the incident the princi-
pal, and the principal the incident?--
The right to make motion in the House
is very high parliamentary privilege.
If a Delegate has right to make one
motion, should like to know where the
House will find a limitation on that right
Where will you find the case, in your
laws and rules, and by what guide would
you hold, that Delegate has right to
make one motion, and not the right to
make another?
Whilst upon this subject, may be
permitted to state, that was informed
by the Clerk the other day, that you,
Mr.. Speaker, hold that Delegate has
the full right to make certain motions in
the House.