The freeman. (Fremont [Ohio]) 1849-1850, 1850-01-05

man from Alabama on the floor.
Mr. Inge. No; l make the motion; / do not pro-
pose to debate it
Mr.. Toombs Does the gentleman from Tenn
essee yield the floor?
Mr.. Stanton. do ifit is understood that am
to have the floor as soon the question shall be
decided l have no obiectionto to its being debated
will give way to the gentleman for that purpose.
Mr.. Inge. trust the gentleman from Georgia
will yield to my motion and permit the question
to be put If the House vote it down, the gentle
man can express his views
Mr.. Toombs. | desired to be heard, to show
that this House has no power to pass such reso-
luton; that, according to the Constitution and the
act of congress of 1889, this House has not the
right to pass that or any other rule. This is the
simple question. Will not gentlemen inquire wheth-
er they have the right to pass rule which abridg-
es the liberty of speech, and which violates the
Constitution? Is it true that the majority shall
demand absolue silence, when question of grave
import is to be determined, nyolveng the rights of
my constituents, and the whole people, and the in
tegrity of the Constitution
Mr.. Root, (rsing) That is exactly the question
which l wished to debate yesterday, when was
gagged down. l call the gentleman from Geor-
ga TO order. object to his proceeding, unless
the same right is extended TO others.
Mr.. Tombs, | deny your right addressing Mr..
Root to call me to order l desire you to show
me the rule. The House has no rules by which it
can enforce its orders.
Mr.. Root replied: BY the same authority that
called me to order yesterday. ['Order,' order
Mr.. Tombs. deny the right of the gentleman
from Ohio to call me to order. claim the consti-
tutional right for the freedom of speech, and de-
ny that this House. under the law of 1889, has the
right to pass such an order,
l Il
speak, and gag down another, let them do it. l
protest against it, in the name of justice and my
constituents. Order 'order.'] @
Mr. Toombs. would like to know by what rule
the gentleman from Ohio interrupts me-.
Mr.. Stanly. Mr.. Clerk call for the reading of
the rule adopted by the House on the l4th inst
That addressing Mr.. Toombs) is the rule by which
the gentleman has the right to call you to order.
Mr.. Toombs. You have no rule. 1 don't yield
the floor. Where is the rule that gives the gen
tleman the right to call me tie order when am on
the floor exercising my right to debate?
Mr.. Stanly. The rule of the 14th instant pro-
hibitng debate until after the election of Speaker
The majority of the House having adopted that
rule, it is the duty of each member to obey it
Mr. Toombs. There is no such rule. The ma
jority of the House having refused to adopt the
rules of the House, there is no rule by which the
gentleman can call me to order. The majority of
the House must adopt rules for their own govern
ment before they can enforce any rules The strict
observance of rules and of first principles is the
ly security for a minority.
Mr.. Van Dyke. called the gentleman from
Ohio to order the other day, and | now call the
gentleman from georgia to order.
Mr. Toombs You have no right to call me to
order, and do not yield the floor for that purpose
4 do not yield.
Mr. Van Dyke Nor either claim the right
to require the gentleman to observe the order of
the House. g -
Mr. Toombs Very we'll, the gentleman may
call: he may violate the decorum of the House
and of debate, if he pleases; but l have the floor,
and I shall exercise my right of discussion.
Mr. Duer. l am willing to hear the gentleman
from Georgia, and I propose that the unanimous
be given, to allow that gentleman, and all
other gentlemen, to discuss the point
Mr. Toombs There is no rule OF this House to
enforce its order: and if this House say they will
not hear me upon the constitutional question or
DER order
Mr. Baker move that by unanimous consent
the gentleman from Georgia be allowed to debate
this question Criesof No. No'-'No foyoritism
Repeal your rule, and allow every gentleman to
speak
Mr. Baker make that distinct motion. Icall
upon the clerk TO put the question.
Mr. Toombs If the House see fit to give the
unanimous consent have no objection; but de-
sire it to be understood, waive no right de-
mand as right in the name of my constituents, to
be heard
Mr. Inge. The motion of the gentleman from
Illinois Mr.. Baker, cannot be received. there is
already question pending upon my motion to re-
scind the resolution of the 14th inst
The Clerk, Ito Mr. Toombs) Will the gentle
man from Georgia allow me to put the question
upon the motion TO rescind the rule?
Mr. Toombs. No; have the floor. have re-
spect for the clerk, but he has authority to call
me to order The clerk can put no question with
out the authority of the House 'Order, ORDER
You may cry order, gentlemen, until the heavens
fall; you cannot put me down. Great confusion
all over the hall, and cries of Order order1 1t
is for you to say whether this right shall be yield
ed, and when it shall be yielded I desire then
Order torder' of the Order House.
to show that you are without Order rules and no
orders can Here the cries were almost deafen-
ing; sit down. You have no right to debate
Slap the desk little harder Order Order, and
laughter,
Mr. Van Dyke called upon the clerk to put the
question, that all might whether the gentleman
would disregard the order of the House.
Mr. Toonbs insisted that the clerk had no right
to put the question of order. ['order.'] Gentle
men, he said, might cry order, and interrupt him,
but it was mere brute force, attempting by the
power of lungs, to put down gentleman in the ex-
ercise of his right.