The New York herald., 1867-03-05

On I60tIO6 IL WAS ordered That meetnn OF
the Senate until otherwise ordered be twelve o'clock
THE PRESIDENT AND HOUSE INFORMED oRGAsIzA-
On motion Of Mr.. mUxBuiI, committee consisting
Of Mr. Trumbull and Mr. Buckalew was appointed 10
wait upon the President and inquire he has any
municaton TO- make ~ the Senate. Il was also
ordered tha. he secretary Of tho senate inform the
House that the ready proceed with business
and then on motion Of Mr. Trumbull the Senate
HOUSE OF REPRESENTATIVES,.
WASHINGTON, March 4, 1857
CALLING THE RoLI--PRormr DExocRArIc MEMBERS
After the confusion incident upon the adjournment
had subsidized Mr. McPHERsoN Clerk Of the House Of the
ThirynInth Congress- called the House TO order and
proceeded to call the roll Of members Of the Forcth
Congress-
Mr. WILSON, (rep) Of Iowa, moved that the house do
proceed the election Of Speaker Of the House Of
Representatives.
Mr. BRooKs (dem.) of N Y, rosa and aid-I observe
from the printed list Of members-prntsd presume
by order Of the Cerkhat there are seventeen States
unrcpresented Of which have bssn called by the
Clerk and ten Of which although on she list have not
been called by the Clerk.
Mr. FARNswoRrH, trep Of H., made the point OF order
that debate was not in order.
The Clerk 0verruled the point Of order the previous
question not having been moved
Mr.. BROOKS, continuing his remarks. said the same
question was made on the organization Of the last House
and the Same decision was made There seventeen
States absent and the Of the remainder
House in the midst Of ! crisis ave- n he midst Of
revoution-civil hope 1t TO bebut the very gravest
that has ever been the fortune or isfortune Of this
country TO pass through or the thirteen original States
which framed the constitution have no represen-
tation the floor Of this House Not even in the trying
crisis OF the war Of 1912, when the whole world
seemed TO be let loose on our country did our
fathers venture conv0ke Congress without giving
the period or ms vsS
was In the war Of 1872 when under the act OF February
q, 1914 three months notice given for the
brief notice OF month and nine days has been given
The boundaries Of the country extended then only from
the Chatahoochie in Georgia. to the Passamaquoddy in
Maine while now they extend from the Atlantic TO the
Pacifc-a breadth OF territory and vasness of popua-
ton which was impossible to have reached in oDe month
and nine days, to which the C0nvocation has been
confined
Mr.. KELLEY, (rep.) Of Pa, asked Mr. Brooks whether
At that time the railroad and telegraph systems OF the
Mr. Baooxs-There are some people who ask foolish
g the Gentleman that 80 . ss
informed . gentleman should never ask foolish a
question No. sir but there are large tracts Of territory
In Oregon and IN California that Infinitely further
removed from the legal action OF their States
and from the processes Of law that necessary for
the convocaton Of Congress than localities then
There Territories not reached BY telegraph mall
that 1t has been practically impossible for State like
California to be represented here to-day Except IN
assembly Of Congress was necessary, the notice has
ranged from i've 70 eight months; and yet here, in
passed. only month and nine days notice Is given to
the thirty millions Of people OF the United states
the absence Of old States like Connecticut, Rhode
Isand and New Hampshire who TO be disfranchised
by you act here without their being pepresented
You may have the power, but deny the right II Is
violent and extraordinary exercise of power not 70 be
justified by Congress Immediately thue assembling
the adjournment OF another. There are those who
out OF these halls cali "Rump Congrsss.n indulge
in such phraseology this floor. respect my
ciates who are about me- therefore indulge in no
such illusions the history of Cromwell the Presby-
terans Of old but caution the House not deserve
from the country not only the name q saTp but o.
believe that this is not thus assembled, legally
sti,uted Congress- am not lawyer enough pronounce
gress bdt recognise Il as d iaco Congress- Il NOT de-
jure and therefore obey It's authority, would obey
the dominion Of the Turk, the Tartar the African the
Comanche or tho Pottawatomie ! respect authority
Having these views, and entertaining them With my
iends who have assembled in Congress here. and who
se Win a me on party questions w We have
acons on the part Of this House until the full Congress
Mr. WILLIAMS, (rep) Of Pal wish 70 ask the gentle
from New York TO state whether n Is not that
the most important Congress that ever assembled In the
nation, both in action and results, was convoked BY
proclamation Of the President in sixty days notice. and
Unicnf
MT. BRooxs-As TO the right and power Of the Prcs.
dent by proclamation to convoke Congress- one dis
putes IL But there are those who dispute II do mott
gress without the Intervention Of any proclamation by
the President say that IN all our history like
this s utterly unprecedensed-a spectacle IKE that ex
country-a Speaker retiring from his seat and amid the
confusion Of his exit another Congress- with seventeen
States absent Immediately appearing ON the floor Of the
House
Mr. DAWES, (rep) Of Mass.-T ask the gentleman from
New York Il he has any recollection OF President Pierce
proclamation Of three days noticef
Mr. Brook That has applicability 10 this Nr
that was the rssssembpg Of the same Congress in extra
Nj. BRoxwrrr, trep) Of n.-n there rs anything
better rs 70 organize 50 as to be able 10 apply rem
edyf Can this body without organization do anything
70 remedy the state Of things which the gentleman
plains Of Il seems 10 me that all We can do IN the
way OF finding fault with the Clerk In way assist
in the remedy Of the evil Of which the gentleman
Mr. BRooxs-The organzation Of this House is the
possession and control and government Of the House
and Of the whole country in the attitude Of Congress and
ton Of the House s the creation Of all the and
instrumentaes Of legislation The reelection OF
fact the whole government o the Houssis che orSsni
zation Of the House, by which are States called
press and elsewhere TO be rcalizcd-I viii speak
plainly-K the process Of impeachment 10 TO 60
what more rsvoutionsry the suspension q the Pres
whatever name You please. The Speaker of the HOUSE,
the whole direction and control OF the process Of in
pcachment through this House say, therefore, that
the most serious Of AL steps the organization Of the
House, and In csse the precedent you threaten with
10 created by you and the existing President Ia dspossd
Of the Presidents death the speaker Of the
House becomes the President Of the United States;
so that In point Of fact here, BY our solemn
action to-day we may be creating President Of the
United States protest. therefore, In the full soIcmnty
OF the occasion; protest before my country and In the
presence Of the gentleman from Ohio INT. Ashley who
10 TO be the leader in this revolution protest mort
solemny against taking any further steps towards the
organization Of this House until all tho States fully
represented and proceed read the protest. which in
due time shall ask 70 be entered the journal OF this
House. against any further action Of the House Of Rep
resentatives until organization be properly and
legally effected. Mr. Brooks then read the following
protest.
Whereas appears BY the Just fol.
lowing States, seventeen in number,
sentcd upon the floor Of this House, vshe States Of Rev
Hampshire, Rhode Island, Connecticut Virginia. North
Csroips South Gsroi,n. Gsorss, ylords AIss.
mcky. Calfornia, Arkansas and Nebraska-stases en-
titled by of Congreaa Of March Z 1852