The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-01-04
In CONGRESS OF THE U. STATES
HOUSE OF REPREsENTATIyEs.

HOUSE OF REPRESENTATIVES,.
MONDAY, DECEMBER 81, 1855.
The House called to order by the Clek at twelve
O'Clock IN.
The journal of Saturday was read and approved.
tcries OF "Call die ts "a
asssAsh Er91 THE rRIspKst
message from this pSss1aent Of the United States
private secretary, in tbe following language Il direc
cd BY the President Of The United States 10 deliver 10 the
House Of Representa- a communication In writing
Mr., CLlNGMAN, move that the message be read, In
order that NAV know what IL Is and then de-
terrnine IL any action thereon be necessary.
Er. MORGAN. Upon that motion demand the yeas
and nays.
Mr.. CLIHGMAY. have no objection TO determine the
question by the yeas and nays.
do not know what is contained In that message any
than any other gentleman bat that The President
bias right upon the assembling OF Congress at amy time
when be shall think proper do send message 70
the House Of Representatives have doubt for the con-
stitution suthorizes him and requires him, from time 10
time 10 communicate 10 the House OF Representatives,
and
Mr. CAMPBELL Of Ohio. rise to question Of order.
The reading Of the message il the transaction Of business
and cannot transact any business until the House or
ganized.
Mr. CLIyGMAY. / do not agree with the gentleman al
all Hearing the message from the President read not In
itself the transaction OF business We may make business
afterwards by proceeding take action upon it. Iii our
with reference TO it, But perfectly willing, as
remarked before determine the question Of order IN the
first instance by the House upon the yeas and nays
Mr. B0YCE ! hope the House viii permit the message
10 be read the contents may constitute reason Tor oar
organization
Mr. CLISGMAN. cannot yield the floor yet would
inquire of The Clerk how be decides The question Of order
raised by the gentleman from Ohio, Mr. CAspBEIL n
The Clerk Will the gentleman from Ohio stale again
his point OF order? -..
Mr. CAMPBELL 1t Is that The motion of the gentle
from North Carolina Mr. CsaAs conieniplaies the
transaction of business before this House has been organ
lied and before presiding officer is elected and refer
the CLERK and the gentleman from North carolns to the
act of Congress Of 1889.
Mr., cLiNGMAN. see nothing in that act to the
point
Mr. CAMPBELL Well / do
Mr. CLINGMAN. II seems 10 me that we may receive
the message and hear it, and then determine whether we
ought 10 act or not
Mr. CAMPBELL. We do not even know yet who are
members Of this House Of Representatives
Mr. CLISGMAN. do not much force in the objec-
tion of the gentleman for if members Of this
House have right 10 elect Speaker. None hBt
members vote for Speaker and by voting have
done have adjudged that House. This ques-
ton discussed years ago in conns1on with the
generacket members and again In connsxion with the
New Jersey contested II then held that the
House House for certain purposes though not for
legislation and for certain other specified purposes am
Of opinion may receive communication from the Pres
dent for information just hear discussion
action limited Oar right TO hear is unlimited how
ever. ..
Mr. ORR The second section Of The FIRST article OF the
constitution expressly recognises this body Hoass g
Representatives,. IL is in the following language:
The Hoa. Of Representatives. shall choose their Speaker
and other officers"
in reference the question to whether any dispo
ton be made Of The mesage aer has been read the
point Of order raised by the gentleman from Ohio lie
well taken but he raises his point soon This CON-
muneaton from the President Of the United Sies
and it 10 but respectful to him that sbould be read
Mr. CAMPBELL Ii seems TO me that IL Is utterly
less for have the message read unless that
proceed 10 10 sornethig with u after IL s read. We
might just well proceed 70 legisate to have paper
read
Mr. STEPHENS The gentleman from Ohio mr. CAxr-
BILL Bsks what can we do with message n be read
do not knoy what do with il and cannot say
what ought 20 be done with il until know hat il
ns but there may be important facts there communion
formation il contains may show state OF the country
quirng immediate action part The third section
and second article Of the constitution is in these words
"Hs 1.-THE PredenI shall from time to time give the
mend to their consideration such he shall judge
necessary and erpedent He may, extraordinary
sions, both houses, either Of them" &c.
Now, cir, there be communication here which Il
Of important and extraordinary character that
Congress in sessiou, the President would con-
Bat according TO the law and the constitution
is known him that In session and he cannot
therefore, issue Proclamation 10 the people IL
the duty Of the President such great qnesons
municafe them TO There Is action on the part Of
this House in bearing read TO what the President has
sad in bis message Aer have heard IL u II then for
rs 10 take action agree with the gentleman from Ohio
TNr CavPRrLL1 that we cannot take action on n until We
organized. The President may bsve felt Il his duty
in view OF the important interests involved tocomunicae
this message 10 He has done in the discharge Of
constitutional duty which be 70 the country We
here in session That fact s known the country
We here In session though unorganized loweTer and
certainly respectful 90 The President who has ie Il
his duty TO make communication 10 US Say nothing og
read : ''' - 'O" ''Oui1 Oe
Mr. WASHBURN. The gentleman from Georgia TMr
STEPHENS has read that part Of section three Of the
second arcle Of the constitution which has reference 70
messages from the President either house II in these
words
sbA from time 10 time give to the Congress. uforra
tion u the state Of the Union, and recommend their
sidsrson such he shah judge necessary and
pedient"
Now, submit that there Is at present Congress
and that there be Congress while either branch
unorgRuized. This u body with which the President
shall have been orgsuized BY the
election 0f Speaker nasnuch the first business Of this
House Is 10 eject Speaker. BY law that be done
before members tre the oath Of office transact any
business Consequently, IL results IL seems TO me that
the President cannot Mt this stage, communicate 70
us, in writing otherwise. We have no right 10
receive, and he no right 10 communicate TO us, any
message In relation 10 organization These are
matters, aud alone; and there can be
other business done BY the House until II shall have
organized by the choice Of Speaker il Is clear and in
evitahle that the President has right TO communicate
with this House NJ this time; and IL he communicates 10
and have read message, il follows BY necessary
implication that we must act that message And
said before, without any disrcpect 70 the President bold
which done p the history of this government
receive message from the President before have
gained and chosen Speaker And for this reason sub
that the Senate communicate with us IN our
present unorgsnized condition aud why then can The
President communicate with usf