New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-02-07

| from The decision of the Chair
Mr.. Fish offered an amendment requesting the Com
mi,tee to inquire also whether any new rifles ERE
necessary pro,ectthe ouse from the annoyance OF
| frivolous opposition bya faetious minority.
Mr.. Birdsall regarded Mr: Fish's ameodmsnt as an
sad he only Joking; but Mr.. Benedict and others
thought IL rather a serious joke. The debate con-
timed to late hour without taking any'vote on Mr..
Beneicts resolutions and bad the effect to set men,
bers 10 studying their rules, if nothing more.
This morning, after the reading Of the journal, the
be ore Of privilege, raised by Mr.. Benedict.
Mr.. Fish Thought the thing joke. He disclaimed
any intention 20 insult anybody and withdrew his
| amendment, and hoped Mr. Benedict would withdraw
| his resolution.
| Mr.. Benedict was astonishcl that members Of this
House had seriously made up their minds not to defend
their privileges this foor when violated. The pro
ccedngs of last evening ont of order, according
10 the rules OF the House There was special order,
| which should have taken precedence.
The MESSAGE from the Senate properly received,
but not properly before the House for it's consideration.
| There was a special order before the House, Mr..
| Robnsons resolutions and the ruling Of the Chair
| was wrong.
Mr.. RirRarlson said that willie he believed thai the
ruling of the Speaker was wrong the rules needed no
| amendment but enforcement. He was therefore, Op
posed to the resolution offered by the gentleman for
! Albany.
Mr. Dwight had great confidence in the capacity Of
the Speaker 10 administer the rules lie thought also
that the rights of members bad been invaded. lie
therefore thought the rules should be amended so as 10
| secure tie rights of ALL
| Mr. Ferry said that Mr. Benedict conceives himself
wronged IIc had demanded an appeal from the DC
cision Of the Chair. The Chair right or wrong
In either event there should be examination into
the matter; i implies no censure upon Ire Speaher 10
make this inquiry. The member considers himself ag-
gIeyed, and shonld have the right to Committee
MIR Pierce thought we had rules enough already
The minority came in last night TO wart the business
of The House They had no right TO take advantage of
the rules for surh purpose Tire Speaker was bound
10 enforce the laws IN spili as well AS III letter. lie
was bound enforce the rules go as to advance me
public interests and business lie war vested WIN dls-
creon in this matter.
Mr. Bingham said that the gentleman from Ulaer
had started theory that be could never consent 10 till
the majority shuud compel him To do That theory
was that the Speaker had the right and that it
his duty To disregard the strict letter of the rules and
enforce them that the public business shall he adj
vanced. The Speaker never should have any such au
thOrity. Ii the rules give too much power 10 the
minority they should be changed. lie was charged
with being iactious. II that charge true, such
faction contested in disagreeng with the gentleman
from Ulster "A grave question, OF recognizing tie
General Government, and des,se to express his views
on the subject. ,
Mr.. Barbour thought the rules of the House should
be enforced If they give the Speaker the power to
deprive member Of the House OF his legal nights as
member, or II they give to tie minority the power
Improperly TO thwart the public business, IN either
case the rules should be amended.
Mr. Merritt favored the resolution. The majority
have tho 10 make rules but, Whle IN existence,
neither the majority, nor the Speaker, nor both have
any right 10 violate the rules. As 10 the plea OF neCes-
city for violating the rnes for the sake Of advancing
the publ business, II was unsound; and, II c0nec',
would not be in point, as the Assembly was not
engaged in legitimate business. The commission
which they were pgtling through rOughshod was
beyond the power Of the Legislature, and entirely
unaut 1orized by the Constitution.
Mr. Tuthill thought there nothing 80 objection
able in the ruling OF the Chair Lat night as the sent-
men,s which bad been uttered during the debate ms
morning; which WIS the doctrine that the Speaker
NAV rule against the rules for the public welfare III
tbi. il correct then the minority had rights at all
When the SreRker has the right 10 question the motives
of member, and rule him factious, be has despotic
power over the minority.
Mr Chapman advocated the resolution with great
force.
Mr.. Burr wes in favor Of saving the Union from
desolation blOoished and war, aud from his hoe OF
argument he seemed 20 think that The moet efficient
manner Of accomplishing desirable an end, was to
choke debate The measures proposed for preventing
the dire calamity which he feared.
Mr. Corning opposed The resolution.
Mr. Pierce took the floor and supposed great many
cases wherein minority might thwaIt majority, Gy
moving under the letter Of the rules, calls OF tne
House making motions 10 adjourn, calling Tor thc
Yeas and Nays &C., and held that the Speaker was
vested with power to decide when members were i"c-
Mr.. Scovcll was in favor Of the Commission, and
voted for H. but was also in favor Of free discussion
and thought Mr.. Benedict, who considered hrneh ag-
/
Mr. Ferry nVain urged with much force the prOpIiey
Of adoping the resolution, and Mr. Fish again opposed
il
Mr.. Littleohn believed that every member who
Thought that Mr. Benedict had been wronged should
vote for the resolution In regard 70 the point raised
by Mr. Ferry that the Concession Commission was mol
In order because there specnl order before the
House he quoted rule by which tie reception OF
yne.sag.s frnn the Governor State officers and the
Senate are always IN order and SAID this was ines
age from the Senate and that II was within the power
of the House act its pleasure in regard TO H. Inc
House took action the resolutions IA 1t had night
10 do In regard to the appeal oil Mr.. Benedet IRON
the decision of the chair il that gentleman would rise
in his place and say that his appeal was Tor the OBJECT
of Obtaining quorum, he would vote for the reso-
luton.
Nj. Morgan insisted that call of the House was in
order at any time even II there out three members
absent.
The vote was finally taken, and the resolution for
| the Committee, Lost by the following vote. Dem
| ocrats in Hqites:
yTAsM e.,r, Anrgorh yireulara, Bailey, Barber Biug
ham birisAll Chapman, Corning, Davis Dwish t,uey.
Fisher Hyatt s r. Lewis Lord Loushrsn, Merritt Montague
Morgan Norton PhilrcE Pleudcsast, Salisbury scoyel H.
| smith j. smith Wager Waterbury Wells, Wheony and
"NaYsM.s,r. L. C. Andrus, w. Andrus, Bedcn, Benton
Btrgen Boes Brewster Bryan, Buckbee Burr CdIahdH
Camp Ca;ln, Collin Co5gH' Dairy peole D1eher aHmg'
Hill hiuthhg Hyland Joan'on JOHn Kenny Kenyon, he,.
nan kaapp lamb ech RAmorssaI W. LS~is MsD, y
Ns.b Pierce Proroi Randall Sanford Sazs Shaw, Sheer
Sherwood shu, 5 T. Smith Sumner Id5ey Io,H,tnd Tur
youhg-G9.
10 ARM TIE STATE.
The Senste considered the ILL TO the State and
reported progress thereon, without making any.
Iur PROCEEDINGS OF THE CONCESSION coNNlssIos.
Mr. Hammond, in tie Senate, this morning, offered
the following, which were adopted:
Wherein, Tie proceedings q III representative bodie, should
their and, EhcTeus
secret deliberations and couutaions ch contfc or influence
the bodies opposed the spirit and genius
| gtlTNia tlHTe