The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-01-05

a House not before the election Of Speaker, and
competent to transact businessi
The SPEAKER. Debate is out of order.
| Mr.. DUER. We were here; and the question is
whether were House or not.
Mr.. HOUSTON desired TO suspend the rules SO
as TO permit debate TO be opened.
| The SPEAKER said that this could be done only
| by unanimous consent.
when
| The SPEAKER reminded him that all debate
out of order; and he again stated the question:
that, the first thirty days Of the session having tran
spred the presentation Of petitions is not now in
order-from which decision the gentleman from
North Carolina (Mr. SrANLy) took an appeal. The
| question was, whether the decision of the Chair
should stand as the judgment of the House,
The question was taken, and the decision Of the
| Chair was sustained-yeas Ia nays9 81.
MIR. INGE rose to a question Of privilege, which
he thought would bring on an election of officers.
By the act of 1889, it is enacted that after the
sembling of Representatives. "he oath shall be adj
ministered by any member to the Speaker" This
has been done. The Speaker then is to "administer
the oath to all the members" This has been done.
And che House then is to proceed to the election of
Clerk, who is to be sworn, sprevious TO entering
| upon any other business Members who may af
| forwards enter are to be sworn. Members coming
1 here have right to be sworn at any time and en-
/ ter upon their constitutional rights members.
! The swearing of members is preliminary. This
act passed during the first session of the first
| Congress under the Constitution, and was made
with view of carrying out the acquisitions of the
Constitution. Ifit be obligatory, the Clerk should
now be elected. The swearing does not relate to
the old Clerk he must be elected before he is
! Mr.. !. moved that the House now proceed to the
election of Clerk in pursuance of the act of l7S9
| Mr.. SCHENCK inquired what the point was.
The SPEAKER informed him that the gentle
| man from Alabama had made privileged motion,
and the Chair had decided that the House having
| set apart day for the election of Clerk, (next
| Monday,) twas not now in order to make the mo-
| ton.
Mr.. ROBINSON appealed from the decision Of
/ Mr.. STEPHENS, Of Georgia, remarked that the
House had adopted rules, and he called for the or
| ders of the day.
The sEEAKER repeated that he had ruled the
motion of Mr.. INGE out of order.
| Mr.. INGE said that his point this the House
can proceed to no business previous to the election
of Clerk.
The SPEAKER replied that the House had the
power to construe the statute well as the Chair,
and had already construed it.
/ Mr.. ASHMUN made privileged motion, that
when the House adjourn it adjourn to Monday
next.
The question was taken and agreed to.
| Mr.. ASHMUN moved that the House do now
adjourn.
Mr.. INGE asked for the yeas and nays on the
/ appeal from the decision of the Chair.
| Mr.. ASHMUN said that he was recognised first.
MIR. INGE understood the gentleman from Indi-
ana to take an appeal. The Chair rose to put the
question. He inquired whether the motion to ad-
journ now in order?
The SPEAKER replied that it was always in
i order.
The yeas and nays on the adjournment were asked
! for, but not ordered.
And the House then adjourned until Monday
next.