The New York herald., 1870-03-31

right IN this matter, and must be solely guided by
the rules OF the House. The gentleman appeals TO my
matter az the rules OF the House must be enforced.
Tue question Is TO order the main question.
Claimed "Mr speaker" but the previous question be-
ing put TO the House was declared to be carried.
The Speaker then cpiIed Mr' Mr. Flaa9 ~ Rensse.
| iaer, to the chair; after which
Mr.. MITCHELL excted,y said-I desire to state my
point OF order tLaughter.)
The SPEAKER-The gentleman from Rensselaer,
has taken the chair and now occupies that position.
MI. MlrCHRLL-Mr. Speaker, Mr. Speaker-angh-
teri rise to make q motion.
Mr FLAGd-rhe gentleman from New York (Mr
Mltchen Is not III order U4aughter.)
The Speaker mr. Hitchman) here resumed his
place on the noor.
avery important bnl-one relating to me interests
Or New York; hope the Chairman win order the
Mr.. KIERNAN-Mr. Chairman-Mr Chairman
The CHAIRMAN-The Clerk VIII please refer to the
ernment OF the city OF New York.
Mr. KIERNAN-I Object
Mr. M. Z. MuRPHY-I ask that the bill be read
Mr. MIrcHELL-Mr. Chairman
The CHAIRMAN-The Clerk wii read the Dill:
Mr.. kIERNAN-Mr. Chairman-(laugnter)-I think
am entitled 10 recognition on the floor Of this
| House.
! Mr.. FREAR. tdem.) OF New York; move that the
committee rise report progress and ask leave to Sit
| again.
| Ike TO Inquire from the Chair, q question OF
order whether II Is not in order that the bill should
be reaa through. and before the bill has read
Dy sections II 10 not III order TO report progress
| The CHAIRMAN-A motion to report progress s
always in order. The point is not well taken. The
| question Is upon the motion OF Mr.. Frear.
| Mr. Frear's motion was then put and carried.
| Mr.. KfERNAN-Mr. Speaker-Mr Speaker-i
| the committee and order the Oil to third reading.
| Mr.. MITCnELL-l rise TO q point Of order. MIR.
! to raise certain objections, and he would not be
| allowed to proceed. Mr. Frear rose afterwards,
and If he Is allowed to proceed, while Mr.. Herman
IS entirely ruled out / think IL Is the duty of the
| chairman to vacate the chair.
The CHAIKMAN-The Chair win be guided by the
| gentleman IRON New York. Uaughter
| Mr.. kiERSAN-n the Chair would kindly give me
an opportunity to explain my vote
tesy that you are entitled to by the rules Of the
| House.
Mr.. KrERNAH-I understand exactly what the
Chair proposes To do. now rise 10 be excused from
voting aud desire TO say III all fairness, and with
out any disposition at all 10 be facous on this mo-
| ton; tut l nave some amendments which intend
70 present In connection with this bill which be-
| heve VIII commend themselves 10 the judgment or
the respectable citizens OF ali parties ask OF this
House tnat laosc amendments SHAH be formally pre-
sented, and If the judgment OF this House does not
| concur with the views set forth IN those amend
| ments. am wiling 10 bow In respectful Difference
! to that judgment But am not Willing TO stand
here in my representative capacity and allow men
to choke OF the uiterapce or my opinion, whether it
be for or against TINS bill My constituents demand
tnat snail speak for today The organic law of our
city is III question. and desire the Indulgence of the
House. snail not submit 10
| THE GAG LAW
| proposed by my distinguished friend from New
York, Mr.. Frear. who mas Introduced this charter
me CHAlRaAN-The gentleman from New YORK is
| MI. KigRNAN-Mr. Chairman I am wilIingi to 20
with the advocates OF this measure far as the
| measure Is IN my opinion In consonance with the
WISHES of the majority OF the citizens the ciJy OF
| New York. But appeal to the magnannlIy OF the
men on the republican side OF the House well as to
| the men on tne democratic side, to allow me the
| privilege Of al least presenting the amendments
and Il those amendments are not acceptable then
bow as said before, to the superior wisdom OF tins
| branch Of the Legislature. Withdraw my motion
| ana vote IN the negative.
| WHINE or THE YOUNG DEMOCRACY.
| Mr.. MIr0HELi-i am Wiling to vote Tor q charter;
| but this charter brought from New York on
Monday, and think it should be considered by the
Committee on Affairs Oi Cities. | represent twenty
nine thousand OF the inhabitants OF The city Of New
YORK, and they have mad no voice in the framing OF
TINS charter Ihe voice or their representatives has
been stied. The gag law mas been put on here this
! morning, 50 that was unable TO enler my
| SOLEMN PROTEST.
! against the outrageous provisions OF this charter
Mhy sir, II This Legislature proceeds in such haste
as this. they strike the blow at the rouadaton
| New York setting precedent to-day such as never
was known before IN this country-the only
are attempted to be gagged and thereby deprived
or their only chance 10 sustain the rights Of the city
| nave asked TO be excused from voting. Now, Mr..
ss n a wicked ana unjust sa1 a%
law Is going to be passed that Will sway the des-
tiny Of million ana quarter OF the people OF the
cemocratic republican. can well anord to do this
| The time will come when the people will regulate
their own aralrs II they dont 40 it this year they
viii do it The next / therefore enter my solemn
protest against this hasy and unjust law. | with
draw my excuse from voting ana vote against order
ing the previous question.
Nj. MURPHY, ldem) OF Albany-I was hopeful,
SIR nat the charter that Is now presented TO tins
] House would have received the unanimous support
oi the New York delegation. In that, however,
| have been disappointed.
| Mr. KIERNAN-Mr. Speaker, desire to state tnat
| TINS charter was never Submitted 10 the New York
| delegation.
The ChAIRNAN-The gentleman states no question
sr. KiEKNAN-I call for the absen,ees.
| MI. Hustled, trep.) Of Westchester county, nave
| examined the city charter with great care. 1 De.
| eve, If ts provisions honestly carried out 1t
VIII ensure permanent and stable government.
Believing II to be good charter believing that
anything good always invites discussion, am sorry
the previous question has been moved and as de-
examined us provisions may have cnance to do So
cannot vote to sustain the previous question.
MI pkAssALI, ldem.l OF Queens county-As
| vote recorded In the negative.
| A DISCUSSION CLAIMED.
Mr. JACOBS-I ask TO be excused from voting. The
other day, when some bills in relation to the govern
ment OF the city Of New York under considera.
pared 70 state now that shall vote for any egisla-
tfon the representatives OF that city vote
behaf Of the city have the honor to represent on
| the floor OF this House. Al the same time, when
acting with sentiments different from associates,
| l am always prepared to listen them. Argu
ment never Injuries any measure that may
be placed before US for our consideration.
| I think that laws rejecting the sentiments OF the
| people should be legisated upon early pos
slble. II this charter meets the views and wishes OF
| the New York delegation am prepared to keep any
| pledges have made On the floor OF this Hous.. /
am prepared to listen TO arguments and therefore
| vote IN the negative.
! Mr. CULLEN dem-I vote In the negative. / am
| prepared to vote with any majority
1he call for the previous question was carried
| yeas H. nays 81.
! Mr.. KIERsAN-I move to lay that motion on the
! table,
The CHAIRNAN-That motion In out OF order
| The question was then, on ordering tue bil TO
| third reading, put 20 the House.
i REPUBLICANS TO THE RESCUE.
Mr.. ALvORD, rep or OnOndaga stated that it was
| the general Impression to be guided IN this matter
by the majority. He had examined this charter for
! considerable length OF time. Lie had examined
| IL from the beginning to the end He would have
been pleased there could have been an Op portun
afforded for the Committee on the Whole to examine
| 1t also and TO have suggested some amendments.
On the whole, however, he took the liberty OF say