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

Chair. / think that the decision is right.
Has the Chair decided that Delegate
has not the right to make motion that
the House adjourn!
Mr.. b. paused.
The Speaker did not reply, or, if so,
not audibly.
Mr. Burt proceeded. Is it competent
for Delegate to come here and move
resolution which calls in question the
privileges Of a member of this House, -
| apprehend not, because he may be
made personally responsible to the
House. He may be censured. He
may be expelled for introducing a reso-
luton or proposition which is indecorous
or offensive to the House. apprehend
the Chair would hold that a Delegate
could make no such motion as that. If
not, how can he make a proposition
which does affect the rights ofthe House
and the privileges of its members? |
am aware that it has been usage here
for some years to allow a Delegate to
make motion, to introduce bills and
other similar propositions. But | ask if
the liberation of the House under a
usage which is contrary to law, and con-
trary to the rules of the House, can be
set up in opposition to a rule Of the
House, which is adopted at every new
Congress' We know that these irreg-
ularities, if | may SO characterize them
are tolerated by unanimous consent, no
one making an exception to them. And
l apprehend that this usage in relation
to Delegate here had its origin in this
way. But the moment a member rises,
and, IN the exercise of his privilege, says
he objects to motion being made by a
Delegate, the House is to inquire wheth-
er he has that right; and no usage can
be set up in opposition either to the law
or rules Of the House.
Icome now( for intend to speak briefly
on the question: to the ground assumed
by the Char, that inasmuch as the rules
Of :hc House require the Territories to
! be called for petitions and resolutions,
the Chair inters that the Delegate has
the right to make any motion, or intro
duce any resolution. am very much
inclined so think that Delegate, under
that rule, has, by the courresey of the
House merely, when the Territories are
called, the right to introduce any res
olution or petitions that may be author
lied by the rules. But when looking
to the privileges of Delegate, you must
look to the rules; you cannot look to the
courtesey or the usage of the House.
And whilst it may be very well that the
Delegate from Oregon should have the
right to make the motion which he sub
mitted this morning, yet it does not by
any means follow, that he has right to
offer an amendment, or to move any pro-
positions connected with the general leg
isIation Of the country-propositiols rs
which are not at all recognized by the
rule to which the Speaker has referred.
II is very obvious to the House, as |
am sure will be admitted by every one,
that no one here, not even our oldest and
most experienced members, bad turned
his attention to the privileges of Dele
gates until very recent period. re-
member when the act of lSl7 was
brought to the attention OF the House,
that it produced a general SURPRISE
But now that we have instituted the in
quiry, trust that the House, without
abridging any privilege that has been
conferred by your rule, or by the act Of
tSl7, will, until there is additional leg
islation upon tho subject, enforce the
rule of the House, the law as it now
stands, and the Constitution.
1t is not for me to disclaim any feel
ings of unkindness towards the Dele
gates from the Territories who are per-
mitted to occupy seats iii this Hall. My
acquaintance with them has been
source to me of great pleasure. have
found them to be gentlemen ofvery great
neutrality-suspicious. of talent; be-
having themselves in the House with the
decorum that becomes even its members.
have no prejudice against them; and
with reference to the decision made the
other day in committee, | felt myself
bound to say so much in vindication of
the committee and Of its decision.
Mr. Duer. Do understand that an
appeal has been taken from the decision
of the Chair,
The Speaker. The Chair understands
that the gentleman from South Carolina
has appealed.
Mr.. Duer said, the question, in the
view he took of it, lay within a very mar
row compass. The question, he consid-
cred, was one which arose, not under an
act of Congress or rule of the House,
hut under the Cons;itution: and he con-
tended that, according to the Constitu-
tion, Delegate from Territory could
not make a motion here connected with
any subject whatsoever. The remarks
which had been made with respect to
the rules and usage of the House, as
giving construction to the act of Con-
gress, would be more important if the
question arose under an act ofCongress,
and not under an instrument paramount
to both.
Now though usage had long been in
IL l.,I..