Year: 1869




speech. Laughter. With due Difference
to the spsAkER and his powers, hold that
the gavel was not properly in his hand.
hold that the order of arrest iunless under
some general claim as a peace officer his
jurisdiction extends over us) ought not to
have threatened us ; and | con only account
for the SPEAKER doing 50 by supposing that,
like many of the rest of us, he was excited
by the unusual confusion and the warm
feelings of the occasion.


Mr.. SPEAKER COLFAX from his place
on the tloor): Will the gentleman from Ohio
yield to me


Mr.. SCHENCK: Certainly.


Mr., COLFiN: In the case alluded to
the SPEAKER performed his duty, aud would
have been dcreict il he had not performed
it. He would have been subject to the CEN
sure of the House if he had not interposed
at the time he did interpose to check the
scene that was then transpiring. The
SPEAKER reads from the twenty-second
rule:


alt shall be the duty of the Sergeant-at-
Arms to attend the House i'll its sittlngs, to
aid in the enforcement Of the order under
the direction Of the Speaker"


The gentleman from Ohio has for half an
hour insisted that the House of Representa-
tives, under the Constitution, WAS IN session
in this hall yesterday. 1t was House of Re
representatives.; there was Speaker. The
twenty second rule requires that the Speaker
shall sit at the place of authority.


Mr.. BUTLER, Of Massachusetts, rose in
his place. .....--.-.


Mr.. COLFAX: I do not yield to the gen
tleman from Massachusetts. | have my
colloquy with the gentleman from Oslo.


MIR, BUTLER: | dil not ask you, sir.


Mr.. COLFAX: The Speaker is to sit by the
side Of the presiding officer in joint conven-
tion, but he is no less than the Speaker of the
House Of Representatives at that time. He
is charged with the maintenance Of order
when the House is in session this rule is
mandatory. If there was no House of Re
representatives. here yesterday, then the
Speaker exceeded his authority. Ii there
was House Of Representatives here yes
terday, then he performed his duty in en-
deavoring to command the order that had
been disgraced by the refusal to obey the
order of him who was then presiding over
the Joint convention.


Mr.. SCHENCk: | have not the slightest
idea of proposing the censure OF the
SPEAKER. think he was excited, like the
rest Of us.


Mr.. COLFAN: lie was not.


Mr.. SCUbNCk There is only differ
ence of opinion about that. ] thought |
might be acquitted of any intention to ar
raign or impugn the motives of the SPEAKER.
He ought to know that have no such feel
ing and nc such purpose : that have TOO
much respect and too much regard for him
to think of it. If there be any difference
Of issue between him and myself, it is of
his seeking and not Of mine. a1n rather
sorry that this thing occurred, for it does
not affect the weight of my argument. My
were in, what we were doing, and
how we were doing it. | hold that
a Joint convention of the two Houses
is not . body with two heads. |
hold that il is not two bodies. | hold thar
it is one body, composed of the Senate and
of the House, coming together in joint
meeting, having one head to preside, and il
necessary, to keep order, as it is The duty
of the presidirg officer to do, and tina,
that head is the President of the Senate.
| hold that TO eli the presiding officer il
keepinc order, as we'll az for the purpose OF
giving character TO the occasion, ii was in
tended that all the oillcors Of both Houses
be present here 10 assist him. If | am
right in that, the presiding officer Of that
body might have ordered either the Ser
geant. at Arms OF the Senate or the Sergeant
al Arms Of the House. Ii was as much his
right to speak TO the two tellcr8 appointed
on the part Of the House and give them
instructions as il was to speak TO and instruct
the teller appointed upon the part of the
Senate. 1t wGs az much his business to
.ive instructions 30 the Clerk Of the House
as it was to the Secretary Of the Scnate
and the presiding officer of the whole body
thus made up had power not only TO pre-,
side over the body, but TO direct what was
TO he done. am sorry, repeat, THAI this
attempt OF mine 10 illustrate in what condi-
ton We found ourselves here should have
led to this PASSAGE between the SPEAKER
and mvseIf. do not think he intends in
any offensive way towards me, and ! AIN
certain that did not so intend towards him.


MIR. GARFIELD next obtained the floor,
and addressed the House, saying that he
did SO as the immediate representative OF
the principal parsonage affected by the
proceedings (meaning Senator WADE). He
discussed the question at considerable
length, as covered by the Constitution, the
law, and the rules, and then said: We
have heard it said that turbulent scene
was enacted yesterday-a shameful scene.
| admit it, and | deplore it. Who was it,
ashland I appeal TO the memory and
conscience of every member Of the House
made the turbulence Was II not caused
by the theatrical attitude of fcrocity which
was exhibited on the part of members IN
this House, who thought they might, by
clamor and uproar and disorder, prevent
the execution of the law in the hands
of the presiding officer Of the joint con-
yentiou Was il not men VINO used eX-
pressions like this: 81 move that this
convention be now dissolved, and that
the Senate heaye leave to retire. We
certainly have the right to clear this hall
of interlopers." 1t was language like this
it was an attitude of unparalleled inso-
lence: it was the very fell spirit of disor-
der-that spirit which would prefer TO reign
in hell rather than to serve N Heaven
that made this scene, when ouSnt 10 nave
been one of calm deliberation, one OF wild
and reckless chaos. That, Mr.. SPEAKER,
was the fell spirit which disturbed the har-
mouy and conduct of the proceedings OF
that Joint convention yesterday; and the
country, aud believe the members of the
Uouse, will recognize the debt of gratitude
that they owe TO the SPEAKER OF the House,
who threatened to use the constabulary
force at his command.


And now, speaking in behalf of all who
agree with me on this subject, and acting
as believe ii to be my duty TO act, stand
ing in the relations do to the case, move
that the pending resolutions be laid upon
the table.