The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-07


whether the Of the House At that time wer
mere farce, or the ar proceedings OF delberativ
NJ. p W. ROSE vsntsr,>' the sssertionIthat no sucl
motion was put elected . all ne must have been b,
Mr.. STEWART lwhig) of Dss~Ars heard . motion /.
that time that Russell Smith tske the chair and hear'
Mr. s. s. SMITH, (dem.) of Queers, expa aned how as
joke be first took the chair and tlat at ast ne under
stood that Mr. Russell Smith was elected c~ed to tn
Mr. D. B. TAYLOR, (dem.) Of N. Y, also ezpla 1ned H
said Mr. Burroughs made the notion and put tLaa cies
The SPEAKER explained how, upon comag into tn,
chamber he found Mr. Russell Smith in the aha;r-wa,
Nifty to him that he desired him to continue. 80 did no
take the chair until some time after After suh ecOgn
sn o s sass
toned The only question was upon the preliminary
Mr. P. W. RosE-Did he put 1t in the affirmative a,d
Mr.. D. B. TAYIoR-I am confident he did, in plain
voice. He thought the matter could be settled at once
as soon as Mr. Burroughs returned The proceedings
were dienAfed and correct and should not be stricken
from the journal without sufficient Because
cient for denying the validity Of the proceedings
Mr. b TAYLOR saw object in the motion, any.
thing to be gained by change of the Journal The pro-
oeedngs had been rsgal ded as genuine
MIR. SHAW. (dem.) Of New York, also wanted to know
vi what s there was 70 90 In the matter One gen'maI
Aquestion may arise whether the placing Of
Mr. Smith In the chair regular HRe thought it was
it, when belonged the Clerk who In effect
exofcio Speaker But it amounted to nothing and he
saw w. 70 necessity for .SaS; Raising th. question
upon one point. The Clerk WAS not Speaker c0icio
after members were sworn In
Mr. SHAW thought by custom he was 80.
Mr.. Looms. (dem.) Of Hsrkimer. remarked that the
rules Of legislative bodies generally those of usage
there vas very little statute law upon the subject He
thought these iues Of usage were not observed in the
case alluded to- By usage affrmatory act neces
sary that ths House proceed to elect Speaker
when duly elected, sign bills member has authority
TO the fact Of absence Of the Speaker
put the vote 1pon motion TO to elect speaker pro ten
elect sps aker pro tenn and the individual occupying
the chair must be regarded designated by Speaker
He thought the melton we'll founded, and hoped it would
Of the House in elsctng speaker that did not decide
SO to do.
Mr.. C1ArP thought the questian an important one He
the Journal He nothing in the rules Of House
to prevent member from putting to vote such notion
'hSssn1 e. Hsssny agreed with the
genemsn in his desire for just history of the proceed
ngs And he wished to decide whether the act
of plea Of deliberate design II the election
regular the speaker pro tenn held his place such during
session. and notice should be sent to the Senate Hs
election was He shoad Ss
speaker pro tenn by acquiescerce Of the speaker.
Mr.. p W. ROSE well satisfied that his position
correct that the House did not exist at the time and
did not elect Speaker
Mr. SHAW three parties in this matter-the
Speaker, the Speaker pro tns., and the House. The
Speaker did not object and he presumed corrected the
Journal.
sprAKsR-The Chair, acting upon his own voltion.
might have done but deemDg It q delicate point, he
preferred to let the House act its pleasure
The Clerk did not enter the election Of Speaker pro tea
upon the Journal until requested to do SO BY Mr. Bur-
roughs.
Mr. SHAW thought the entry since made upon tho Jour
nal must stand there it part OF the proceedings
of the House.
The debate continued by several members Of
whom said they considered the election of Smith joke
Mr.. B. TAYLOR alluded to the political aspect Of the
and urged upon his fellow national democrats to
yield this popt they had just from Waterloo,
and must net insist upon another victory He doubted
not sl The ba,Dburne,s would vote to expunge 1t
contest between the two clques.
After some remarks from Mr. KENNEDY the House ad.
iourned,