The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-05

opesket sh04 voso on question IN which his vote
The SPEAKER remarked that The suggestion of the
gentleman from mississippi IMr. THoMPsosJ came too
late: the rss9lt q ne vote having been announced
The SPEAKER decided The presentation Of petitions to
be ont oil order
presentation 81 petitions was in order At any mesor The
The SPEAKER reiterated his decision considerable
length sxa,ans the views upon which ! was based
OF order, could not allow the decision OF the Chairhst
the first thirty days OF the session had already ex-
PRED pass without calling the Speakers attention 70
It's bearing Mr. w. asked whether the session could
have legally commenced before The Speaker had been
Old maxms q the civil law every such Interpretation
OF popular rights The Chair would do well to consider
whether the decision did not in measure violate the
great right o. petition Mr wa understood e say
on Of the rule by the Chair The construction certain
~ did away In this case with the operation Of the rule
oy which thirty days from the commencement o. The SEES
sion were allowed for the presentation Of petitions on
any day. Mr. W. deemed il unfortunate that the right
present petitions under the thirty day rule should be
@ he s number s af 81
He repeated he did rise to make point OF ORDER but
merely respectfully g suggest these views 70 the Char
Mr. X. JOHNSON inquired whether under the rule
Of the House. every member could not at any time file
and give any reference 70 petitions IN his hands he might
II NAT ANIL REMARKED tDat as MS was l1e Hst Tune
in the history Of Congress- that this question had arisen,
with all respect 70 the Chair he would ask leave to APP
peal from It's decision
The SPEAKER here again stated his decision, and re-
Ehed IN the Affirmative to the inquiry Of the member from
Tennessee INT. A JoHSsoxl
Mr.. McCLERNAND. in d few remarks. urged the
sion from which The gentleman from North Carolina
Mr. STAELYl had taken an appeal; when
|. The SPEAKER again announced to the. House the
point Of order viz thai the decision ruling that for this
session the thirty days in which petitions could be pre-
sented daily had expired was incorrect.
Mr.. SCHENCK desired 10 call the attention Of The
that 4 the decision should Be sustained the House (the
members would rest wholly for their rights in this
nexion upon The courtesy Of the Chair.
The SPEAKER resta,ed his decision, presenting at
some length the grounds on which j had been made.
He conceived that in all their acts the House were pro-
ceedDg upon the assumption that the session had COM
menced on the first Monday in December. The mem
bers claimed compensation from that period The last
clause Of the Gath rule Of the House had reference 10
rule that had been long since repealed,
y Mr.. McLANE desired the Clerk 10 read. for the
information Of the House the Let clause OF the 2ith RULE
and the 4h section Of the constitution Of the United
States; which having been read.
Mr. ROOT desired to be informed as TO the particular
question before the House.
Mr.. DUER conceived the matter under consideration
to be constitutional question: that is, whether they
were or were not "a House" before the Speaker had
MI. HOUSTON desired to know whether il would be
oushChcSA S'~,sS
members TO debate the point
The SPEAKER ruled that no such motion would be
in order. and that il could only be debated now by unan-
Mr. DISNEY was understood to differ from the Chair
as to the right Of members 10 debate the question and he
went on to show that this decision conacted with an.
The SPEAKER reminded the gentleman from Ohio
INT. DIssEyl that any remarks upon point Of order
Of order must Be decided without debate And then.
having again announced his decision that the FIRST
thirty days Of this session had expired he stated the
lima, mr. STASLr,l on which the House vote
and then the question Shal the decision OF the Chair
stand the judgment OF the House, decided in the
Affirmative, BY yeas and nays (which were called for and
ordered BY the House)-yeas ia, nays o.
Mr.. ROBINSON objected to the transaction OF any
business until the House had been properly organized, as
i would not be until Clerk had been elected. No
business should be transacted until thai had been effect
ed, The understood to say;) and in view Of the
course which his opponents Che whgs) had seen ut to
follow In this election, he moved that the House do
adjourn,
Mr.. INGE requested the gentleman from Indiana mr.
RoBINsoS] 10 withdraw that motion, to enable him to
TO proceed to the election OF Clerk and to submit
aqueston to the House; and il was accordingly with
drawn.
Mr. l. then raised question Of privilege. maintaining,
TO transact any other business until after the Clerk as
well as the Speaker, had been duly elected and
To sustain this view. Mr. read to the House the act Of
Mr.. SCHENCK desired TO be informed as to what the
question was which then being debated.
the SPEAKER understood to reply, that the gen.
tleman from Alabama Mr.. lNeEl speaking upon
mo lion to proceed 10 the election OF Clerk which was
out Of order--ihe motion not being <hen admissible
Mr STEVENS, rising TO question OF order called
Mr. INGE here again stated his point Of order. viz
that the House could not legally other business
untila Clerk had been duly elected and sworn in.
Mr. ASHMUN rose to make privileged motion, that
when the House adjourn they will adjourn until Mon
day next; which motion was put; and the SPEAKER
was about 10 announce the result, when
Mr.. lNGE demanded the yeas Andnays upon H.
Mr. ASHMUN moved that the House do now adjourn
Mr. iNGE claimed that his call for the yeas and nays
had precedence OF the last motion OF the from
Massachusetts,. IMr. AsHMuS i bat
Mr. ASHMUN urged that he had been recognized By
had been demanded.
The SPEAKER remarked that an announcement, Of a
call Tor the yeas aud nays not necessary 10 secure
TO i IN right to be decided In its proper order
And after some further conversation between the
SPEAKER and Mr.. ASHMUN upon the subject, the
latter renewed the motion 10 adjourn; on which
Mr. p KING demanded the yeas and nays not ordered
Telles were then demanded on this motion; and they
were not ordered
The question being put, the House adjourned until
Monday next
PesssisHs, etc
The following petitions and memorials were presented
under the rule and referred to the appropriate commit
tees: