The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-30
THE CHARGE AGAINST THE sPEAKER-THE RESULT
OF THE INVESTIGATION.

| il, namely:
The select committee appointed, in pursuance oil
resolution Of the House to investigate the charges
made by the Hon. Passion King, a member of the
House, against the Hon. Howell Conn, the Speaker
OF the House, have proceeded to execute the order
| of the House, and now beg leave 10 report: That
they have taken the testimony Of all such wit
nesses as either of the above named gentlemen de-
| sired TO be examined. They have also examined
| both OF those gentlemen touching the subject
matter of the Investigations all OF which testmo-
| ny is submitted with this report The charge made
by MIR. KINe is in these words 81 charge that the
Journal of the House has been mulated, by erasing
motion that did make, and substituting, by in
| terlneation, that did not make, on the Jour
| nal of the 18th instant. My motion was to close
debate ON the California bill; these words are
changed, and message substituted
The testimony shows that the motion Of Mr..
KING WINS submitted verbally, and that there was a
great indisnctness on the minds Of all as to the
precise words used by him. Without waiting for
the motion to be stated by the Chair he moved to
lay il on the table. Some conversation arising, the
Speaker requested him to reduce his motion to
writing. By a rule of the House, every motion
must be reduced to writing before the question is
put upol it, if the Speaker or any member require
it. The object of this rule is 10 avoid mistake and
misrepresentation ; and if the rule, in this instance
had been observed, all mistake and misapprehen-
sion would have been avoided. Instead, however,
OF reducing the motion to writing, and causing 1t
TO be read aloud by the clerk before the question
was stated by the Speaker, Mr.. KING did what is
out his motion in the usual form. This was silently
acquiesced in by the House. And, without waiting
Tor the motion to be reduced 10 writing, or read,
the question was put upon laying the motion on
the table, which was carried in the affirmative.
After the motion had been disposed of by vote Of
the House, an assistant clerk reduced it to writing
in the form set forth in the testimony. This he
did in the form which he thought would accom-
plish MIR. KIN0's object He did not show ii to Mr.
KING, nor did Mr.. KING ask to see it. Here it is
proper TO state that Mr. KING understood his mo-
ton to apply exclusively to the bill offered in
Committee of the Whole on the state of the Union,
by the Hon. Mr.. DoTy, for the admission of Cali
fornia as a State, which bill had been offered by
him whilst the subject of the Presidents message
transmitting to the House the constitution of Cali
forna was under consideration in Committee OF the
Whole the state of the Union. In other words,
Mr.. King understood his motion to be, motion TO
stop debate in committee on Mr.. DoTy's bill; the
Speaker, however, understood 1t to be motion to
stop debate on the California message, which would
have the effect to close debate the bill ALSO and
bring the committee to vote on it, as the first
pending question or proposition incident to the
message.
There no communication on the subject be-
tween the Speaker and Mr.. KING after the motion
was reduced to writing, and neither was aware
that it was understood differently by the other. As
MIR. KIsG understood the motion, it was not in or
der, and could not have been entertained by the
Chair; and the committee have doubt that II the
motion had been reduced to writing and read
aloud, according to the rule, before the question
was stated by tne Cnalry the speaker Wouiu nave
declared it out of order As the resolution was UNI
dersood by the Speaker, il was in order, and was
properly entertained by him. By an express rule
OF the House, 1t ID made the duty OF the Speaker to
examine aud correct the Journal before II is read to
the House Ii is then read to the House for
ton by the House itself.
Immediately after the motion had been laid on
the table, the Speaker directed the clerk who usu
ally makes up the Journal to enter il in accordance
with his understanding, as above explained. The
Journal OF that day was, however, made up by an
other clerk who had not heard the directions given
by the Speaker, and who made the entry In the
form In which ii appeared before the erasures. The
entry thus made was that evening examined by the
Journaizing clerk, 10 whom the direction had been
given, as aforesaid, by the Speaker; who perceiv-
ing that 1t did not conform to the directions which
he had received from the Speaker caused the alter
atoms to be made, to make it conform to
those directions which alterations appear on
the face of the Journal and constitute the subject
of this investigation On the following morning,
as Is usual before the meeting of the House, the
Journal was examined by the Speaker for correc-
tion and these alterations thus made as above des
cribed, were by him approved. The Journal, thus
corrected, was publicly read to the House, and no
objection was made TO the entry.
In the opinion of the committee this not
mutilation Of the Journal, but proper correction
OF IT, under the authority Of the Speaker, in dis
charge OF duty imposed upon him by the rules Of
the House In approving this correction he did his
duty, and no more than his duty. Your commit
tee, therefore, unanimously propose the following
resolution
ResoIped, That the foregoing report be adopted
by the House, and be entered ON the Journal, and
that the committee be discharged from the further
consideration of the subject
l. E. HOLMES, Chairman,
SAMUEL F. vINTON,
LINN BOYD,
JAMES DUANE DOTY,
ALEXANDER ii. STEPHENS,
WILLIAM STRONG,
NJ. p. GENTRY,
w A. RICHARDSON
The SPEAKER pro TEN. then put the question,
and the resolution was unanimously adopted.
On motion of Mr.. STRONG, the report and tes-
timony were ordered to be printed.
Mr. BAYLY asked whether the resolution read
" unanimously"
Mr. INGE. Certainly.
MIR. BAYLY moved to insert the word "unani
The SPEAKER pro TEN. said that II had been
adopted by the unanimous vote of the House.
The House then adjourned until Monday.
The following papers were to-day presented
der the rule, viz
By Mr.. SPRAGUE The petition OF o. c. Com
stock and other citizens Of Michigan, for the pub
LEGATION Of agricultural tracts. Referred 10 the
Committee on Agriculture.
Also, the petition Of r. w. Cole and others,
for mail route in Kent and Ionia counties, Michi-
gan.
Alec, the petition of E. N Bartlett and other
teachers and students Of the Ovet Institute, Eaton
county, Michigan, for cheap postage.
Also, the petition Of II. Dale and other citizens
Of Scboolcraf, Michigan, for cheap postage. Re
fcrred TO the Committee the Poet Office and Post
Roads.
Also, the petition Of A. j. Sheldon and other cti-
zens Of Michigan, for an appropriation TO improve
the harbor at the mouth of Kalamazoo river Re
ferred 70 the Committee on Commerce.
By Mr.. DUNCAN The petition Of Benaiah b.
Titcomb, Of Northburyport, Mass, for a GER
tihcate Of register Of brig Boundary"
BY Mr.. FOWLER: The petition Of Nathaniel
Whitman and seyenty-fyc other citizens Of East
Bridgewater, Mass, praying for the reduction Of
postage on prepaid letters 20 two cents. Referred
20 the Committee the Post Office and Post Roads.
BY Mr.. REED Petition OF Ebenezer McLane
and others, of Washington county, Pennsylvania,
praying the establishment Of agricultural bu-
reau. Referred to the Committee on Agriculture
Death OF Midshipmnr Bsyard.
We learn, (says the Philadelphia Inqtirsr,) with
much regret, that Charles Carroll Bayard, passed
midshipman in the United States navy, and the
Of distinguished citizen Of Philadelphia died
at Naples on the 22d Of February last, in the 22d
vea ri ia III usaa ,,ofr. c,rsr