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gressional Globe containing the debates which occurred heretofore. I should judge so, at least, as he commences his inquiries with the same question that I have heretofore answered upon this floor. I want no better justification for the position which I have assumed, that a party of gentlemen are warring upon the Constitution and rights of the States, than I find in the fact that the sentiments defended by the gentleman himself seem to meet with a response upon the part of the gentlemen who are associated with him.

Mr. CAMPBELL. What gentlemen? Mr. COBB. By those with whom the gentleman has acted from day to day.

Mr. CAMPBELL. We claim here the right, under the Constitution, to exclude slavery from the common Territories of the Government. I understand the gentleman to charge, that in this respect we violate the principles of the Constitution, and I submit to this House and to the country, whether, after having made that charge, as he has this morning, the question which I put to him is not legitimate.

to it at the proper time. I stand ready to defend
all the leading characteristic principles of that
organization. But the time has not yet arrived.
There may be a difficulty in reference to this
matter of slavery; there may be some trouble
upon the subject of agitation and silent acquies-
cence, which the future will remedy. Before I
take my seat, however, I will say to the honor-
able gentleman from Kentucky, [Mr. HUMPHREY
MARSHALL,] who seems to claim the right to read ||
out of that organization every man who will not
pledge himself against agitation upon this ques-
tion, that I regard free thought and free discus-
sion upon all great questions as the vital idea of
true American independence; and I would rather
make myself physically his abject slave for life,
than to enslave my thoughts and yield my right
as a member of the American Congress to free,
full, and fair discussion.

that we have had any demonstration that there is
on this floor, a majority in opposition to the prin
ciples of that bill. Where has it been demor
strated? Has the gentleman from Massachusetts.
[Mr. BANKS,] who represents the anti-Nebraska
feeling on this floor, been enabled, as yet, to get
a majority of votes? Have you not heard the
call made, day after day, for all the anti-Nebraska
men to meet, with a view of taking measures to
organize the_House? And yet they have been
unable to effect an organization. But, if an
demonstration has been made on this subject, it
is that a majority of the House are in favor of
the principles of the Kansas-Nebraska bill; that
is, if we can understand what these principles
are. And now I come to that point.

I confess, Mr. Clerk, that one difficulty with me has been-and it has been maintained here to-day-that the Democratic party have put them selves on a measure and not on a great principle. Why on a measure? Was it that there were certain tender-footed men who would not come up to the great principle-as we understand itembraced in that bill? Then if the object were to wash that party of all uncleanness, let them lay down the great principle as a principle, and call upon every man to stand up, not to a measure, but to a principle; that is what we want. And, Mr. Clerk, it has been made apparent here to-day-I did not bring it up, but it came up on this floor-that the Kansas-Nebraska bill is

Mr. HUMPHREY MARSHALL. The gentleman will allow me to say that I do not, to use his own elegant and eloquent language, assume that gentlemen should come here with padlocks upon their mouths, nor do 1 ask that members The honorable gentleman tells me he perceives of the American party shall not entertain and that I have been reading the Congressional Globe. express what sentiments they choose; but, sir, I More than that, let me tell him; I have been read- speak of the American party as a political oring the Journals of Congress, and I discoverganization, and I say I do not recognize any perthere that he has an opinion upon this great con- sons as belonging to that political organization, stitutional question. I think I am entitled to his which has published to this country a set of senopinion now. timents upon a particular subject, unless those persons subscribe to those sentiments. The gen-understood in one place to mean one thing, and tleman might as well, it seems to me, call all these Republicans, Democrats, as call them Americans; and he would come much nearer to the mark, in fact, than by identifying with the American party those who enter this Hall with a set of principles which he cannot discuss, which he cannot enforce without a violation of that principle which declares that they are willing to rest upon the laws as they exist, for the purpose of avoiding agitation.

Mr. COBB. I entertain no doubt upon the subject. Do you want to bring me to my vote upon the Oregon bill?

Mr. CAMPBELL. I do not wish to bring you to your vote upon the Oregon bill alone, but if you charge me with sectionalism, and a disposition to violate the Constitution of my country because I maintain that Congress has power to exclude slavery from the Territories, I am|| prepared to justify myself by the highest authority known to this Government, and to fortify myself by the action, hitherto, of the gentleman from Georgia himself. The gentleman will allow me to refer him to his past record, so that he may be a little more guarded in future in making charges against these one hundred and six honorable members of this House, as being faithless to the Constitution; and also, by way of vindi-tion to that record, and I have defended my action cating the position we intend to maintain. I have been learning some lessons from the wisdom of the honorable gentleman in past times, and I hope we may learn more in future.

In 1846, there was a question before this body of vast consequence to our country. It was the annexation of Texas; and pending that proposition here, a provision, upon the motion of the honorable Senator from Illinois, [Mr. DOUGLAS,] was introduced, which I will read. I take it for granted that, in that Congress, members, before they voted, were sworn to support the Constitution. This is the proviso:

"And in such State or States as shall be formed out of said Territory, north of said Missouri compromise line, slavery or involuntary servitude (except for crimes) shall be prohibited."

Now, Mr. Clerk, I submit to the House and to the country that this provision does not simply claim for Congress the jurisdiction of this question and place the restriction over the Territory, but it goes far beyond that. It provides that when the squatters or the sovereigns thereof shall form a State constitution-when they shall be ready to come into the Union as an independent sovereignty-they shall not then have the right to tolerate slavery.

Now, I do not rise for the purpose of making a speech, by any means, but for the purpose of repelling the gentleman's assault with his own vote. In the record of that vote, I find from the State of Georgia the name of the distinguished gentleman whom we have just heard speak recorded in the affirmative.

I have said thus much, not with a view of going into debate, for I have heretofore said I should not do that unless some question arose in which my own reputation as a member of this body was involved. The charge of sectionalism and a disposition to violate the Constitution, which I have sworn to support, having been made against those with whom I have been acting, I felt bound to vindicate myself thus far, and in

this way;

As to this matter of Americanism, I will attend

Mr. COBB, of Georgia. The views presented by the gentleman from Ohio [Mr. CAMPBELL] in respect to my record are perfectly familiar to us. He has discussed them often.

Mr. CAMPBELL. No doubt of it.

Mr. COBB. I have received assaults in rela

to my own satisfaction, and to the satisfaction of
my constituents, and I shall in this Congress re-
peat my defense if it be necessary.

Mr. CAMPBELL. The gentleman will now
understand what I desired to show-that, if we
propose to violate the Constitution, we have an
example for doing so.

Mr. FOSTER. I rise, Mr. Clerk, not with a view of making a speech. I felt inclined, a few days ago, to seek the floor, not to make a speech, but to present a proposition by which I supposed we would be able to organize the House. Since that time I have had no anxiety to get the floor; and it was as far from my expectation this morning, when I came into the Hall, that I should be to-day on my feet for the purpose of addressing the House, as anything could possibly be. I feel, however, called upon to say a few words in reply to the speech of my honorable colleague [Mr. COBB] who has just taken his seat; and I promise the House that I will not be tedious; I do not intend to spread out my remarks. I am not going to argue at length upon any question, but to present my views very briefly on some of the points made by my colleague. I would premise, however, that it did occur to me, from day to day, while we were balloting here for presiding officer of this House, that we were acting like children. There was something asserted on this floor which, I believe, is not true, to wit: "That the Opposition was in the majority." You have frequently heard that declaration made on this floor. They say the Opposition is in the majority; and why does not the Opposition organize the House? Now I ask the question, opposition to what? Is it to the present Administration? Do I understand gentlemen to assert that every man in this House who casts his vote for the nominee of the Democratic party indorses the present Administration? Am I so to understand it? If I am not, then it is not to the Administration that we stand in opposition. To what is it, then, that we stand in opposition? Is it to the principles embraced in the Kansas-Nebraska bill? Be it so. Taking that, then, as the test, I deny

in another place to mean another thing. And | when the gentleman asks me to come up and meet him on a principle, and stand together in the organization of this House, I want it to be a principle which speaks the same language in Massachusetts as it speaks in Louisiana. I want it to speak the same language everywhere, all over this Union; and if so, I may come up and stand with him on that principle. But, Mr. Clerk, I did believe, and I take occasion to say here, I never had any difficulty in understanding for myself what were the principles embraced in the Kansas-Nebraska bill. I do not want gentlemen to understand me as objecting to the bill, or to the verbiage or language of the bill. That is not the objection. I do not care how good the bill may be, how well drawn it may be, how well it defines itself. It is not a principle. There is the difficulty. I object to making it a test-not only that, but any bill. I object to making a test on any measure, because gentlemen can take that measure, and may say it means one thing in one place, and means something else in another place. But when you come to a great principle, then it speaks the same language in all places, and is understood by all men alike; and then you can come together face to face, and understand one another. And I insist just here, that before gentlemen get up and read me out because I cannot come up to what they insist, they should be clear as to what they go on. If they insist on a principle, let them lay down that principle in so many

words.

But again: the gentleman [Mr. COBB, of Georgia] says that he objects not to the national American party going in with his party. And be it remarked that the other day a gentleman, [Mr. JONES, of Pennsylvania,] defining what was meant by the resolution offered and passed in the Democratic caucus, said we ought to take no exception to that resolution. He was willing to take us how? You must not only (said he) abandon your organization, but come in as Democrats-you must not only abandon the organization you have already joined, but you must come in penitent, and with ropes around your necks; and then we are willing to accept you as Democrats, and to act with you, and then we can effect an organization. Well, we object to this. But the gentleman says that is not what he means; that is not what the resolution means. We only intended to declare that we could hold no communion with men who are in favor of civil and religious proscription; and he says that if we are not in favor of civil and religious proscription we are not included in that resolution. Now what may have been the object of these men in adopting that resolution is not for me to say; but, by the language of the resolution, they not only congratulate themselves and the country upon the triumph of the principles of the Kansas and Nebraska act in divers States

in the Union, but they go on to congratulate themselves upon their triumph over the secret organization called the Know Nothing party. They charge us, then, by name with holding opinions hostile to civil and religious freedom. The difficulty would not have been insurmountable if they had not called us by name. But, sir, when they call me by name, and tell me that I hold doctrines hostile to civil and religious freedom, I ask them to take back the charge, or not expect me to hold communion with them. They may congratulate themselves as much as they please upon the success of their principles. Nobody objects to that. But I do object to their charging me with sentiments that I do not hold. I did not have the honor to meet my colleague upon the stump in my district during the last canvass. It might not have been a very great pleasure to have met him, but still I should have been happy to have discussed this question with him.

A MEMBER. He did not come there, did he? Mr. FOSTER. He was in the district once or twice, I believe.

Mr. COBB, of Georgia. It is true I did not meet my colleague in his district. I regret that I did not meet him, and have the opportunity to ask him a question that I did ask a good many of those holding the same political sentiments as he holds, namely: whether he had not subscribed to the oaths I just read? I should like to ask my colleague that question now.

Mr. FOSTER. What oaths?

Mr. COBB. The oaths which I just read to the House.

Mr. FOSTER. I do not recollect what those oaths were. For the sake of argument, however, I am willing to admit that the American party do` take oaths, obligations, or whatever you may please to call them, that embrace in substance what has been read by my colleague; and I assure my colleague that at some suitable time, when the House is organized, and has not much else on its hands, I shall be willing to discuss with him the question of the propriety of taking such obligations; but not now. [Loud cries of "Call the roll!"]

Mr. BENNETT, of Mississippi, obtained the floor, but yielded it to

Mr. McMULLIN, who moved that the House adjourn.

Several VOICES. Don't adjourn until we have

taken one vote.

Mr. SAGE and others called for the yeas and

nays.

The yeas and nays were ordered.

Mr. McMULLIN. I withdraw the motion. Mr. ENGLISH. I understand that the gentleman from Mississippi, [Mr. BENNETT,] who has the floor, desires that the House shall adjourn. As a matter of courtesy to him, I renew the motion of the gentleman from Virginia, that the House do now adjourn.

Mr. STANTON demanded the yeas and nays, but they were not ordered-ayes 32, noes 131. Mr. STANTON. I demand tellers.

Tellers were ordered; and Messrs. CHAFFEE and VAIL appointed.

The question was then taken; and the tellers reported-ayes 102, noes 96.

So the motion was agreed to. And thereupon (at half past three o'clock) the House adjourned till to-morrow at twelve o'clock, m.

HOUSE OF REPRESENTATIVES. SATURDAY, December 22, 1855. The House met at twelve o'clock, m. The Journal of yesterday was read and approved.

QUESTION OF ORDER.

The CLERK. The gentleman from Mississippi [Mr. BENNETT] is entitled to the floor.

Mr. BENNETT. Mr. Clerk, I claim the kind indulgence of the House while I shall very reluctantly attempt to offer a few remarks in relation to the questions which have been presented to our consideration.

Mr. WASHBURN, of Maine. I ask the gentleman from Mississippi to yield to me for a moment. I wish to say that I have no purpose of interrupting the gentleman in the course of the remarks which he is to make; but I do desire to give notice that when he shall have concluded his speech, I will raise a question of order. I will

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Mr. FLORENCE. The gentleman from Maine is very clever; after he has had a full opportunity of presenting his own views on matters which have been brought to the attention of the House, he coolly asks an organization without further debate, and without the least chance afforded to other gentlemen who may desire it to explain their position. I have been making efforts for several days to obtain the floor, but as yet have been unsuccessful. I want to correct the history of some gentlemen in reference to Pennsylvania politics. I desire to set forth what in my judgment is the comparative positions of the great parties of that State on the slavery, or the KansasNebraska question; and to also refer to the ground taken respectively by the members of the American and the Democratic party. I have not had an opportunity for that purpose, and until I am allowed to do so I shall oppose all questions of order which shall have for their object the cutting off of all further debate. It is not fair to have only one half of a subject set before the House.

Mr. WASHBURN. My friend from Pennsylvania has occupied, I think, as much of the time of the House as I have. It is not my purpose to interfere with the remarks which the gentleman from Mississippi proposes to make, but when he shall have concluded, I give notice that I shall raise the question of order which I

have stated.

Mr. FLORENCE. My purpose is a charitable one. I desire to put gentlemen correctly on the record. I hope that the question of order, when raised, may meet with an adverse decision. A VOICE. It will be voted down. Mr. FLORENCE. I hope so.

Mr. BENNETT here took the floor, and addressed the House in remarks which were withheld for revision. [The speech will be published in the Appendix

Mr. QUITMAN. I ask my colleague, before he takes his seat, to allow me the floor for the purpose of presenting the resolution of which I gave notice the other day.

Mr. BENNETT. I will yield to my colleague now for that purpose.

Mr. QUITMAN. I have no wish, Mr. Clerk, to stand in the way of any member in this House who desires to address the House. When I asked the floor of my colleague, I did not do it with the intention of making any remarks myself, but for the purpose of presenting the resolution of which I gave notice the other day, in reference to the limit of debate, and which then seemed to receive favor from the House. [Cries of "That's right!" "Let's have it!"]

Mr. QUITMAN. I would remark that I am informed that the mover of the resolution that is now on the Clerk's table is willing to withdraw it.

If not, I will ask the permission of the House to offer mine as a substitute for the resolution offered by the gentleman from Alabama, [Mr. SMITH.] I present this resolution, not for the purpose of suppressing debate-God forbid !|| I am prepared to meet gentlemen upon every question that properly comes before this House. I come here not to ask of gentlemen of the Opposition the suppression of any opinions they may entertain, or that their constituents may support them in. I come here to meet extreme opinions, whatever they may be. Let them be uttered-let them go to the world; let us and our constituents know what they are, and the extent to which they go.

But, before they are discussed, I desire to see this House organized, that the debate upon these momentous questions, upon which the safety and prosperity of the country depends, may be conducted with that parliamentary decorum which cannot be expected in the present condition of the House. I consider that there are now but two proper subjects for discussion by the House, in its unorganized condition. One is as to the responsibility that must rest upon the respective parties in the House, and the other, the explanation of the position which gentlemen personally may occupy. For myself, I have no per

sonal explanation to make. Every man knows my position. My desire in presenting this resolution, then, is to restore order here, and for the purpose of confining debate to its legitimate sphere. I therefore propose my resolution as a substitute for the resolution of the gentleman from Alabama,

Mr. WASHBURNE, of Illinois. I understand that there is no proposition before the House. I ask the Clerk ifI am not right?

The CLERK. There is no proposition before the House. The resolution presented by the gentleman from Alabama fell by the adjournment of the House.

Mr. QUITMAN. I then present the following as an original proposition:

Resolved, That until the organization of the House by the election of Speaker, no member shall occupy more than ten minutes in debate; nor shall any member speak more than once upon any question before the House, until every member desiring to speak shall have been heard.

Mr. WASHBURN, of Maine. I ask the gentleman from Mississippi if he will not consent also to embody in his proposition another onethat upon a motion to lay on the table there shall be no debate; so that it may be within the control of the House to stop debate upon any question when the majority shall desire it?

Mr. QUITMAN. I accept that as an amendment to my resolution.

Mr. BRENTON. I ask the gentleman from Mississippi if he will not consent so to modify his resolution as to cut off all debate upon any proposition?

Mr. LETCHER. I would inquire if it is designed that the resolution shall extend back to the commencement of the session, and cut down all the speeches we have been listening to for the last two weeks, to ten minutes each? [Laughter.] Mr. BRENTON. Does the gentleman from Mississippi accept my proposition?

Mr. QUITMAN. I cannot.

The question was then taken; and the resolution, as modified, was adopted.

Mr. STANTON. I do not propose to occupy the ten minutes to which I am entitled under the resolution which the House has just adopted.

The CLERK. The Clerk must interrupt the gentleman from Ohio. The gentleman from Mississippi [Mr. BENNETT] was upon the floor, and only yielded it for the purpose of allowing the resolution which has just been adopted, to be presented. The gentleman from Mississippi is therefore entitled to the floor if he desires further to continue his remarks.

Mr. BENNETT at this point made some further remarks, which he has withheld for revision, and which will appear in the Appendix.

Mr. STANTON. Mr. Clerk, I do not rise for the purpose of occupying the ten minutes which I am allotted under the rule. I believe that there has already been too much debate; I believe that its continuance can in no way be useful to the House; and I therefore rise for the purpose of offering a resolution which seems to me to furnish the only practicable means of securing an organization. In offering the resolution I put myself on the precedent of 1849, when a similar condition of things existed, and when the House was organized by the election of a Speaker by a plurality vote. I apprehend that there will be no difficulty about the constitutional question. I apprehend there will be no difficulty about the power of the House.

The Constitution provides that the House shall choose a Speaker, and it authorizes the House to make rules and regulations for the government of its proceedings. This House in its present condition is a House within the meaning of the constitutional provision. It has been so recognized from the day we met till this time. You, sir, called the roll. The gentleman from Tennessee [Mr. JONES] moved that the House proceed viva voce to elect a Speaker. When the proper time arrived, it was moved that the House adjourn. The House met, and your minutes recited that the House had done this, that, and the other, and that the House met pursuant to adjournment. I say, therefore, that in the minutes of the proceedings, in common parlance, and by every rule of construction, this House is a House, and competent to adopt rules and regulations prior to the election of a Speaker, and it is just es competent to make a regulation that a

plurality shall govern, as it is to adopt a rule that the election shall be viva voce.

Further, sir, the Constitution also provides that Representatives shall be chosen to the Congress of the United States, and the mode of choosing such Representatives may be prescribed by Congress or by the State Legislatures. Now, sir, a law passed by a State Legislature, or by this Congress, for the election of members, is no more a law than a rule of this House is a law to this body. No man ever questioned that a law might be passed authorizing a plurality to elect members of Congress. Rules of the House, passed in pursuance of the power conferred by the Constitution, are precisely as much laws for the government of this House as those are for the election of members. The same construction which authorizes members to be elected by a plurality gives us a right to pass a law or a rule that a plurality shall elect a Speaker.

But, sir, there is another point. I apprehend that there is no gentleman upon this floor who would vote to elect by a plurality who would not feel himself bound in honor, whether it resulted in the election of his choice or not, to vote for a resolution declaring the person having the plurality, Speaker of this House, although I believe that to be entirely unnecessary. Being perfectly aware that there is a great variety of opinion upon both sides of the House touching the propriety of the passage of this resolution, and that no good can arise from debating it, I shall ask the previous question on its passage; and I demand the yeas and nays upon the previous question. There can be no trouble about the question of order, because, by the parliamentary law, every deliberative body, when it assembles, has a right to stop debate by the previous question. I now demand the previous question on the passage of the resolution; and I ask the yeas and nays upon the previous question.

Mr. PHELPS. I move to lay the resolution on the table.

Mr. BOCOCK. I demand the yeas and nays upon that motion. [Cries of "Read the resolution."]

The Clerk read the resolution, which is as follows:

Resolved, That the House will now proceed to vote viva voce for a Speaker of the Thirty-Fourth Congress, and the member having the highest number of votes, provided it be a majority of a quorum, shall be declared to be elected Speaker.

Mr. STANTON. I take it that, in the absence of rules, no motion to amend or lay on the table can be made after the previous question has been demanded.

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The CLERK. A motion to lay on the table seems to be in order under the parliamentary law. Mr. HOUSTON. We recognize it in the resolution limiting debate.

The CLERK. The resolution adopted to-day recognizes such a motion.

The yeas and nays were ordered.

The question was then taken; and it was decided in the affirmative-yeas 114, nays 107, as follows:

YEAS-Messrs. Aiken, Allen, Barksdale, Bell, Henry S. Bennett, Bocock, Boyce, Brooks, Broom, Burnett, Cadwalader, John P. Campbell, Carlile, Caruthers, Caskie, Bayard Clark, Clingman, Howell Cobb, Williamson R. W. Cobb, Cox, Craige, Crawford, Cullen, Davidson, H. Winter Davis, Denver, Dowdell, Dunn, Edmundson, Elliott, Enghsh, Etheridge, Eustis, Evans, Faulkner, Florence, Foster, Henry M. Fuller, Thomas J. D. Fuller, Goode, Greenwood, Augustus Hall, J. Morrison Harris, Sampson W. Harris, Thomas L. Harris, Harrison, Haven, Herbert, Hoffman, Houston, Jewett, George W. Jones, J. Glancy Jones, Keitt, Kelly, Kennett, Kidwell, Lake, Letcher, Lindley, Lumpkin, Alexander K. Marshall, Humphrey Marshall, Samuel S. Marshall, Maxwell, McMullin, McQueen, Smith Miller, Milison, Millward, Moore, Mordecai Oliver, Orr, Paine, Peck, Phelps, Porter, Powell, Pringle, Puryear, Quitman, Reade, Ready, Ricaud, Richardson, Rivers, Ruffin, Rust, Sandidge, Savage, Scott, Seward, Shorter, Samuel A. Smith, William Smith, William R. Smith, Sneed, Stephens, Stewart, Swope, Talbott, Trippe, Underwood, Vail, Valk, Walker, Warner, Watkins, Wells, Wheeler, Whitney, Winslow, John V. Wright, and Zollicoffer-114.

NAYS-Messrs. Albright, Allison, Ball, Banks, Barbour, Barclay, Henry Bennett, Benson, Billinghurst, Bingham, Bishop, Bliss, Bradshaw, Brenton, Buffington, Burlingame, James H. Campbell, Lewis D. Campbell, Chaffee, Ezra Clark, Clawson, Colfax, Comins, Covode, Cragin, Cumback, Damrell, Timothy Davis, Day, Dean, De Witt, Dick, Dickson, Dodd, Durfee, Edie, Edwards, Emrie, Flagler, Galloway, Giddings, Gilbert, Granger, Grow, Robert B. Hall, Harlan, Holloway, Thomas R. Horton, Valentine B. Horton, Howard, Hughston, Kelsey, King, Knapp, Knight, Knowlton, Knox, Leiter, Mace, Matteson, McCarty, Meacham, Killian Miller, Morgan, Morrill, Mott, Murray,

Nichols, Norton, Andrew Oliver, Parker, Pearce, Pelton, Pennington, Perry, Pettit, Pike, Purviance, Ritchie, Robbins, Roberts, Sabin, Sage, Sapp, Sherman, Simmons, Spinner, Stanton, Stranahan, Tappan, Thorington, Thurston, Todd, Trafton, Wade, Wakeman, Walbridge, Waldron, Cadwalader C. Washburne, Ellihu B. Washburne, Israel Washburn, Watson, Welch, Williams, Wood, Woodruff, and Woodworth-107.

So the resolution was ordered to lie upon the table.

Pending the call of the roll, the following proceedings took place:

Mr. BARCLAY. I have a word to say before I give my vote. I will state to the House that I do not approve of the principle of that resolution; but inasmuch as we have been balloting here for three weeks without any hope of an organization, and as it appears to me that we must ultimately adopt the plurality system, and believing, as I do, that the responsibility should rest upon those gentlemen who throw their votes away, I desire to cast that responsibility upon them, and therefore vote against laying the resolution on the table.

Mr. CAMPBELL, of Ohio. I am opposed to the adoption of this resolution; but in order to enable its friends to bring it to a direct vote, I shall vote"no" upon this motion, although, upon a direct vote, I should vote against the resolution, for reasons which I shall be ready to give at the proper time.

Mr. FLORENCE. If it be in order, I move to reconsider the vote by which the resolution was laid upon the table, and to lay the motion to reconsider upon the table.

The CLERK. The Clerk thinks it is not in order. The Clerk begs leave to state that there is now no proposition before the House. [Cries of "Call the roll!"]

Mr. SAPP. I move the adoption of the following resolution:

Resolved, That from and after this day the House shall meet at ten o'clock, a. m., until the election of a Speaker is effected.

Upon that resolution I demand the yeas and nays.

The yeas and nays were ordered. Mr. FLORENCE. I move to lay the resolution on the table.

Several MEMBERS. Oh no; vote on it directly. Mr. FLORENCE. Very well; I withdraw the motion. I only want to vote against it.

Mr. GREENWOOD. I would inquire whether, if that resolution be adopted, we shall be compelled to come here to-morrow? [Cries of "No, no!"]

The question was then taken upon Mr. SAPP's resolution, and it was decided in the negative yeas 109, nays 111; as follows:

YEAS-Messrs. Albright, Allison, Ball, Barbour, Henry Bennett, Benson, Billinghurst, Bingham, Bishop, Bliss, Bradshaw, Brenton, Buffington, Burlingame, James H. Campbell, Chaffee, Ezra Clark, Clawson, Williamson R. Damrell, Timothy Davis, Day, Dean, De Witt. Dick, DickW. Cobb, Colfax, Covode, Cragin, Crawford, Cumback, son, Dodd, Dunn, Edie, Edwards, Einrie, Etheridge, Flagler, Galloway, Giddings, Gilbert, Granger, Harrison, Holloway, Thomas R. Horton, Howard, Hughston, J. Glancy Jones, Kelsey, King, Knapp, Knight, Knowlton, Knox, Leiter, Mace, Matteson, McCarty, Meacham, Killian Miller, Moore, Morgan, Morrill, Mott, Murray, Nichols, Norton, Parker, Pearce, Pelton, Pennington, Perry, Pettit, Pike, Porter, Pringle, Purviance, Puryear, Reade, Robbins, Roberts, Sabin, Sage, Sapp, Scott, Sherman, Simmons, Spinner, Stanton, Stewart, Stranahan, Swope, Tappan, Thorington, Todd, Trafton, Vail, Wade, Wakeman, Walbridge, Waldron, Cadwalader C. Washburne, Ellihu B. Washburne, Israel Washburn, Watson, Welch, Wood, Woodruff, and Woodworth-109.

NAYS-Messrs. Aiken, Allen, Barclay, Barksdale, Bell, Henry S. Bennett, Bocock, Boyce, Brooks, Broom, Burnett, Cadwalader, John P. Campbell, Lewis D. Campbell, Carlile, Caruthers, Caskic, Bayard Clark, Clingman, Howell Cobb, Comins, Cox, Craige, Cullen, Davidson, Henry Winter Davis, Denver, Dowdell, Durfee, Edmundson, Elliott, Engfish, Eustis, Evans, Faulkner, Florence, Foster, Henry M. Fuiler, Thomas J. D. Fuller, Goode, Greenwood, Grow, Augustus Hall, Robert B. Hall, Harlan, J. Morrison Harris, Sampson W. Harris, Thomas L. Harris, Haven, Herbert, Hoffman, Valentine B. Horton, Houston, Jewett, George W. Jones, Keitt, Kelly, Kennett, Kidwell, Lake, Letcher, Lindley, Lumpkin, Alexander K. Marshall, Humphrey Marshall, Samuel S. Marshall, Maxwell, McMullin, McQueen, Smith Miller, Millson, Millward, Andrew Oliver, Mordecai Oliver, Orr, Paine, Peck, Phelps, Powell, Quitman, Ready, Ricaud, Richardson, Rivers, Ruffin, Rust, Sandidge, Savage, Seward, Shorter, Samuel A. Smith, William Smith, William R. Smith, Sneed, Stephens, Talbott, Taylor, Thurston, Trippe, Underwood, Valk, Walker, Warner, Watkins, Wells, Wheeler, Whitney, Winslow, John V. Wright, and Zollicoffer-111.

So the resolution was rejected.
Pending the call of the roll-

Mr. FLORENCE said: Before I cast my vote

on this resolution, I desire to say a word or two to justify myself before my constituents, in order that they may not have the impression that I am not a very industrious member, because the whole House will bear evidence of that fact. [Shouts of "Order!" Oh, very well; call on. I can wait. [Laughter.] I am a very patient man, as well as a very industrious one. I have a very large correspondence, and have a good deal of business to do at the Departments. I do not desire to reflect upon anybody connected with any of the Departments of the Government, but every other gentleman of this House, who has had any experience here, knows that it is very difficult to have interviews with any gentleman at morning. Now, the business there is quite as the head of Departments before ten o'clock in the important to my constituents as the legislation here, and a little more important than what has been occurring here for three weeks. I desire to fulfill all my duties, both at the Departments and here, and therefore I do not intend to vote for that resolution, not because I am not disposed to come here early in the morning, but because I cannot come-business calling me elsewhere. I

vote "no.

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Mr. PECK also said: I desire to remark, previous to recording my vote, that I am in the same category with the gentleman from Pennsylvania, [Mr. FLORENCE.] I am willing to sit here as long as any member of this House. I will sit all night, or from twelve o'clock, m., until twelve o'clock at midnight, to assist in the organization of this House; but, sir, my constituency have imposed upon me duties other than those which are to be discharged upon this floor, and since I have been here I have not found the first day when it has not been absolutely necessary for me to consume the entire morning, up to the time of the meeting of this House, in the performance of these duties. I therefore cast my vote in the negative.

Mr. SEWARD also: I think I could come to a more correct conclusion on the subject before the House by taking the fresh air in the morning, than I could by being dragged up here at the early hour of ten o'clock, and getting my feelings excited at so early an hour of the day; but the main reason for giving my vote against this resolution is, that I am opposed to it anyhow. [Laughter.]

Mr. PERRY. I rise for the purpose of offering a resolution which I think, if adopted, will result in the speedy organization of this House. The House has, to-day, determined that they will not elect a Speaker by a plurality vote, consequently we are held to the old method of voting, according to the majority rule. There has been, for a few days past, considerable debate in this House, and I, as a member of this House, am perfectly willing that the debate should proceed, and that every gentleman who found it necessary to explain to his constituents and to the country his position, should have the opportunity to do so afforded him. With the permission of the House I will read my resolution:

Resolved, That this House will now proceed to the elec tion of a Speaker viva voce, and shall continue to vote until an election is effected; and from and after this day no debate upon this or any other question incidentally growing out of this question shall be in order.

Upon that resolution I demand the yeas and

nays.

The yeas and nays were ordered.

Mr. McMULLIN. I move to lay the resolution upon the table.

Mr. SMITH, of Virginia. According to that resolution we are to continue to vote until an election is made, and that will keep us here day and night.

Mr. TODD. I call for the yeas and nays upon the motion to lay the resolution upon the table. The yeas and nays were ordered.

Mr. ORR. I would inquire of the mover of the resolution, whether he designs by it to force us to continue in session, without adjournment, until the election of a Speaker is effected?

Mr. PERRY. I will modify my resolution in order to meet objections, by adding the words, "except to adjourn.'

That

Mr. ALEXANDER K. MARSHALL amendment simply provides that debate may be had upon a motion to adjourn, and does not meet the objection. The objection is that the resolu

tion requires us to continue in session until an election is had.

Mr. PERRY. Well, I withdraw the amendment, and present the naked original resolution. Mr. SEWARD. I move to amend the resolution by adding, "unless some member desires to be heard." [Laughter.]

Mr. SHERMAN. I desire to amend the resolution so that it shall read, "from and after this day no debate shall be in order until a Speaker be elected."

Mr. PERRY. I accept of the gentleman's modification, and I move the yeas and nays upon the substitute.

Mr. McMULLIN. I rise to a question of order. Is it in order to move and accept an amendment while a motion is pending to lay the resolution upon the table?

Mr. KEITT. I wish to offer an amendment to the resolution, if it be in order.

The CLERK thinks an amendment is out of order, inasmuch as the yeas and nays have been ordered upon a motion to lay the resolution upon the table.

Mr. HOUSTON. This is not the resolution upon which the yeas and nays have been ordered. The resolution now before the House is a substitute for the resolution offered by the gentleman from Maine, [Mr. PERRY.]

The CLERK. The resolution was offered as a modification, and the gentleman from Maine accepted it as a modification. The yeas and nays have been ordered upon the motion of the gentleman from Virginia, to lay the resolution of the gentleman from Maine upon the table.

Mr. SHERMAN. I would inquire of the gentleman from Maine, if he did not withdraw his resolution so that I might offer mine?

Mr. PERRY. I accepted the gentleman's resolution as an amendment to mine.

Mr. KEITT. But the trouble is, it is not an amendment, but a substitute.

Mr. SEWARD. I rise to a question of privilege. I move that the House do now adjourn. Mr. WADE. Upon that I ask for the yeas and nays.

The yeas and nays were ordered. Mr. SEWARD. By general request I withdraw the motion to adjourn.

I

quite immaterial which-all ballots for Speaker be suspended until the 3d day of January next. propose to amend the amendment in that way. If the House of Representatives should so far organize to-day or Monday as to elect a Speaker, nothing more can be done than to go on and perfect the organization by the election of other officers. As I understand, a majority of the Senate has already left the city, and, there not being a quorum of the Senate here, it is impos- | sible for us, even if we organize, to have the President's message. If this be true, as I see it stated, that there will be no organization of the Senate, or, in other words, no quorum of the Senate, until after the 2d of January, then I apprehend there can be nothing effected by our action between now and then, unless to continue balloting for Speaker, and, if we succeed in the election of a Speaker, to go on and elect other officers of this body. And then the question arises, is it likely that between now and the 3d of January we will be able to elect a Speaker? I have no objection that the House should meet just as often and sit just as long as it please. If it desire to expurgate itself by debate, it might as well be done in this way as not; and perhaps it is better than any other way. It is said that the public looks anxiously for the President's message. That may be so, but I do not see that any good can be effected.

Mr. BOCOCK. Will the gentleman from South Carolina [Mr. KEITT] allow me to make a suggestion to him?

Mr. KEITT. Certainly.

Mr. BOCOCK. With the consent of the gentleman from South Carolina, I will make this suggestion. I know that it is the desire of that gentleman, and of almost everybody in this Hall, that we may act knowingly in regard to this matter; that we should not place ourselves in a position where we could be surprised; that we may not commit a mistake of which advantage could be taken.

Now, the question which arises on the amendment offered by the gentleman from South Carolina, and which I submit to the consideration of that gentleman himself, and to the consideration of the House, is this: We are acting without rules. The Clerk knows that, under the rules of the House of Representatives, a motion to reconsider a proposition is only in order on the day the proposition is adopted, or on the next day thereafter; but that is an infringement on the ordinary parliamentary law. We are now acting under the ordinary parliamentary law, and not under the rules of the House of Representatives; and, sir, I take it that, under that ordi

Mr. KEITT. I again inquire of the Chair, whether an amendment be not in order? As I understand the question, the gentleman from Maine [Mr. PERRY] accepted the resolution offered by the gentleman from Ohio, [Mr. SHERMAN.] It was not offered as an amendment, but as a substitute for the resolution of the gentleman from Maine, and takes the place of the original || resolution. As such it was accepted by the gentle-nary parliamentary law, it is in order to reconman from Maine. If that be so, then I inquire whether or not the resolution now before the House is not as much subject to amendment as was the original resolution presented by the gentleman from Maine?

The CLERK. The Clerk thinks, that as this resolution is substantially the same as the original one, and accepted as an amendment by the gentleman from Maine, and a motion having been made to lay it upon the table, upon which the yeas and nays have been ordered, no amendment is now in order; but the Clerk may have made a mistake in so deciding, and submits the question to the House.

Mr. HOUSTON. If the gentleman from Maine withdrew his resolution, then it might well be in order to amend the pending resolution, for it then stands as an original resolution. There is no amendment to an amendment pending, and therefore an amendment is in order, or will be, if my friend from Virginia will withdraw his motion to lay upon the table.

Mr. McMULLIN. I withdraw the motion to lay upon the table.

Mr. TODD. Can the resolution be amended after the yeas and nays have been ordered upon it? The CLERK. It can.

Mr. KEITT. I am reluctant to throw any obstacle in the way of the organization of this House. I apprehend, however, that it is the opinion of most members here, that a speedy organization of this House is impracticable. I take it that the action of the House will be expurgated by debate, or some outside influence. The resolution, then, which I am about to offer is, that after to-day or Monday-and to me it is

sider a proposition on any day; and should the proposition of the gentleman from South Carolina be adopted to-day, a member might on any day between this and the 3d of January move to reconsider it, when there might not be a majority here in favor of it. Thus, the proposition might be reconsidered and rescinded, and the House might proceed to ballot for a Speaker. We ought to act understandingly in this matter; and I therefore throw out the suggestion in order that the gentleman from South Carolina and the House may consider it.

Mr. KEITT. I am obliged to the gentleman from Virginia for his suggestion. I, too, wish to act understandingly. I am not disposed to question the correctness of the gentleman's proposition, that a majority of the body may, at any future time, rescind the action of a previous day. I go still further. I do not apprehend, according to parliamentary law, or to constitutional law, that we are confined to a former action of this body. I do not mean to say that, if we adopt the resolution to suspend balloting until the 3d of January, that resolution may not be revised and reversed by a majority of the body at any time; but what I do mean to say is this, that if a majority of this body had adopted the resolution, a majority would be required to revise and rescind it; and whoever in this body would vote for it to-day or Monday, and would afterwards-when on the faith of that vote members might be absentmove or vote to rescind it, would be base, hireling, and infamous [cries of "good!"] and the brand of public disgrace would stand hissing hot upon him. And it is because I will confide in the good faith of members-it is because I will not, without the

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exigency itself having arisen, charge any man with such a gross and infamous violation of good faith, that I shall be prepared to act on the adoption of the resolution or amendment which I have offered. Any man who would take back his vote on this subject, and vote to rescind the proposition, would be base and infamous.

It is true, then, sir, that parliamentary usage or constitutional regulations would not prevent, but good faith will prevent, such a thing taking place, and I am prepared at this time to stand on good faith.

I have now said all that I mean to say on this subject. I have no personal interest in the matter, for I can go as well without as with the passage of this resolution. I am willing, however, to disentangle the House as far as I can conduce to doing so. I offered the amendment in good faith; but, in deference to my friend from Virginia, [Mr. Boсock,] I now move to lay the whole matter on the table.

Mr. WASHBURN, of Maine. I suggest that the amendment of the gentleman from South Carolina [Mr. KEITT] is not in order. It has no connection with the original proposition of the gentleman from Maine, [Mr. PERRY,] as modified by the gentleman from Ohio, [Mr. SHERMAN.] [Crics of "Read the amendment."]

The CLERK. The Clerk thinks the amendment in order. [Cries of "Read it."] The amendment was again reported. Mr.SHERMAN. I desire to make a statement. The CLERK. There is a motion to lay on the table, and, of course, debate is not in order.

Mr. SHERMAN. I rise to a point of order. We have no power under the Constitution to adjourn until the 3d of January next. The first law which regulates the proceedings of Congress directs that the first business in order shall be the election of Speaker to this House; and this proposition before the House is practically one to postpone the first business of the House.

Mr. KEITT. My amendment is not that the House shall stand adjourned until the 3d of January, but simply that the balloting for Speaker shall be suspended until that time.

Mr. SHERMAN. But if the gentleman from South Carolina will reflect a moment, he will see that the effect of his proposition is, if adopted, to adjourn the only business that we can transact for a longer period of time than the Constitution allows. I know that by passing this resolution we do not adjourn the House, but for what purpose do we meet here next week?

Mr. KEITT. To debate.

Mr. SHERMAN. To debate what? What have we a right to debate? I say, Mr. Clerk, that no business actually can be transacted in this House except the election of a Speaker, because the law of Congress directs that all other business shall follow that of the election of Speaker. That is the first and only business that we can do; and we cannot make any such order except in violation of the law of Congress. We cannot postpone this first act of our organization until the 3d of January, because the Constitution will not allow an adjournment for ten days, which this would practically be

Mr. TODD. I ask whether the motion to lay on the table cannot be divided? If so, I shall move to lay the amendment on the table. I am in favor of the first resolution as modified by the gentleman from Ohio, [Mr. SHERMAN,] and I am opposed to the amendment of the gentleman from South Carolina, [Mr. KEITT.] I therefore desire that there shall be a division of the question, in order that we may vote according to our dispositions.

The CLERK. The Clerk thinks that the motion cannot be divided.

Mr. WASHBURNE, of Illinois. The gentleman from Ohio [Mr. SHERMAN] offers his resolution in the regular form as read by the Clerk. The gentleman from South Carolina [Mr. KEITT] offers his amendment. Now the point I wish to make is this

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ing, but the gentleman from Ohio [Mr. SHERMAN] rose to a question of order. The motion now before the House is to lay the resolution on the table.

Mr. WASHBURNE. My point is, that the the gentleman from Ohio having offered his resolution, and the gentleman from South Carolina [Mr. KEITT] having proposed his amendment, which amendment was not accepted by the gentleman from Ohio, the first question to be taken is upon the adoption of the amendment. I ask the yeas and nays upon the amendment of the gentleman from South Carolina.

Mr. LETCHER. Why, is not there a motion to lay all upon the table?

The CLERK. The gentleman from South Carolina [Mr. KEITT] moved to lay the resolution and amendment upon the table; that motion will, therefore, take precedence of the motion to amend. The question now before the House is the motion to lay on the table.

Mr. WASHBURNE. I understood the motion to lay on the table to have been withdrawn, and the amendment then to have been submitted.

The CLERK. That was true, but the gentleman from South Carolina [Mr. KEITT] then renewed the motion to lay the resolution and amendment on the table.

Mr. ENGLISH, I wish to give notice that, if the motion to lay on the table is voted down, and the amendment of the gentleman from South Carolina also voted down, I shall move an amendment. I send it up to the Clerk's desk, and ask that it may be read. I presume no member will object to it.

Several MEMBERS. Read it! Read it!

The CLERK read the amendment, as follows: And that no member be allowed to indulge in the use of meat, drink, fire, or other refreshments, gas-light and water only excepted, until an election of Speaker shall be effected.

The CLERK. The question is upon laying the resolution and amendment upon the table.

Mr. LETCHER. I demand the yeas and nays upon the motion.

The yeas and nays were ordered.

Mr. KEITT. I wish merely to announce that, as the resolution I understand is incompatible with my proposition, I shall vote to lay it upon the table, and present my amendment, perhaps afterwards, as an independent proposition.

The question was then taken upon the motion to lay on the table, and decided in the negativeyeas 103, nays 113; as follows:

YEAS-Messrs. Aiken, Allen, Ball, Barclay, Barksdale, Bell, Henry Bennett, Henry S. Bennett, Bocock, Boyce, Brooks, Broom, Burnett, Cadwalader, John P. Campbell, Caruthers, Caskie, Clingman, Howell Cobb, Williamson R. W. Cobb, Cox, Craige, Crawford, Cullen, Davidson, Denver, Dowdell, Edmundson, Elliott, English, Etheridge, Eustis, Evans, Faulkner, Florence, Henry M. Fuller, Thomas J. D. Fuller, Goode, Greenwood, Augustus Hall, J. Morrison Harris, Sampson W. Harris, Thomas L. Harris, Harrison, Haven, Herbert, Houston, Jewett, George W. Jones, J. Glancy Jones, Keitt, Kelly, Kidwell, Leiter, Letcher, Lindley, Lumpkin, Mace, Alexander K. Marshall, Samuel S. Marshall, Maxwell, MeMullin, McQueen, Smith Miller, Millson, Moore, Mordecai Oliver, Orr, Paine, Peck, Phelps, Porter, Powell, Puryear, Quitman, Reade, Ready, Ricaud, Richardson, Ruffin, Savage, Seward, Shorter, Samuel A. Smith, William R. Smith, Snced, Stephens, Stewart, Swope, Talbott, Taylor, Trippe, Underwood, Valk, Walker, Warner, Watkins, Wells, Whitney, Winslow, and John V. Wright-103.

NAYS-Messrs. Albright, Allison, Barbour, Benson, Billinghurst, Bingham, Bishop, Bliss, Bradshaw, Brenton, Buffington, Burlingame, James II. Campbell, Lewis D. Campbell, Carlile, Chaffee, Bayard Clark, Ezra Clark, Clawson, Colfax, Comins, Covode, Cragin, Cumback, Damirell, H. Winter Davis, Timothy Davis, Day, Dean, De Witt, Dick, Dickson, Dodd, Dunn, Durfee, Edie, Edwards, Emrie, Flagler, Foster, Galloway, Gilbert, Granger, Grow, Robert B. Hall, Harlan, Holloway, Thomas R. Horton, Valentine B. Horton, Howard, Hughston, Kelsey, King, Knapp, Knight, Knowlton, Knox, Lake, Humphrey Marshall, Matteson, McCarty, Meacham, Killian Miller, Morgan, Morrill, Mott, Murray, Nichols, Norton, Andrew Oliver, Parker, Pearce, Pelton, Pennington, Perry, Pettit, Pike, Pringle, Purviance, Ritchie, Rivers, Robbins, Roberts, Rust, Sabin, Sage, Sandidge, Sapp, Scott, Sherman, Simmons, Spinner, Stanton, Stranahan, Tappan, Thorington, Thurston, Todd, Trafton, Vail, Wade, Wakeman, Walbridge, Waldron, Cadwalader C. Washburne, Ellihu B. Washburne, Israel Washburn, Watson, Welch, Wheeler, Wood, Woodruff, Woodworth, and Zollicoffer-113.

So the resolution was not laid on the table. The question then recurred upon the amendment of Mr. KEITT.

Mr. CLINGMAN. I move that the House do now adjourn.

Mr. VAIL. I hope the gentleman from North Carolina will withdraw the motion to adjourn, and allow us to vote on the resolution. Mr. CLINGMAN. Very well; I will withdraw it until the vote has been taken.

The question again recurred on the amendment of Mr. KEITT.

Mr. BILLINGHURST. I move to lay the amendment of the gentleman from South Carolina on the table.

Several MEMBERS. You cannot do that. Mr. BILLINGHURST. I thought it was in order to move to lay the amendment on the table, and that it carried the original resolution with it. The CLERK. The motion is not in order. The question was then taken; and the amendment was not agreed to.

The question then recurred on the adoption of the original resolution.

Mr. ORR. I move now to lay the resolution upon the table.

Mr. KELLY. Is that motion in order?
The CLERK. It is in order.

Mr. KELLY. Will not that motion carry all the other resolutions with it?

The CLERK. What other resolutions does the gentleman refer to?

Mr. KELLY. The resolution of the gentleman from South Carolina for one.

The CLERK. That has been already voted down. The only proposition now before the House is the resolution offered by the gentleman from Ohio, and a motion to lay that on the table is in order.

Mr. HARRIS, of Illinois. I demand the yeas and nays upon the motion to lay on the table. The yeas and nays were ordered.

Mr. KEITT. This is a gag law, is it not? Mr. BENSON. Not in the least. Nothing of the kind.

Mr. McMULLIN. Is it in order to submit a remark upon the motion?

The CLERK. It is not, under the order of the House adopted this morning.

Mr. McMULLIN. Well, sir, I desire to say sir, I will make a speech that is in order. I move to the House [Loud calls to "Order!"] Well, that this House do now adjourn; and upon that

motion I demand tellers.

Tellers were ordered, and Messrs. McMULLIN and MILLWARD appointed.

The question was being taken, when Mr. McMULLIN said: At the request of several gentlemen who desire to accomplish another object before the adjournment, I will withdraw my motion for the present, though I will renew it presently. [Loud cries of "Too late!"]

Mr. CARLILE. I submit that it is not too late. The question has already been decided by the Clerk, that any member has the right to withdraw his own proposition before the House have taken a vote upon it, and the negative side of the question has not been counted.

The CLERK. The Clerk thinks that, as gentlemen seem to require that the vote shall be taken, the count had better go on.

The question was taken, and the House refused to adjourn; the tellers having reported-ayes 60, noes 105. [Loud cries of "Call the roll!" "Let us adjourn over!" "Read the proposition before the House!"]

Mr. CARLILE. I move, Mr. Clerk, that when the House adjourns to-day, it be to meet on Wednesday next. [Cries of "No!" "Vote it down!"]

Mr. JONES, of Tennessee. I demand the yeas and nays on the motion to adjourn over. A VOICE. Is the motion to adjourn over in

order?

Mr. CARLILE. A motion to fix the day to which the House shall adjourn is always in order. It is a privileged motion. Now, Mr. Clerk, I appeal to this House[Cries of "Order! The motion is not debatable!"]

The CLERK. It is always in order to submit a motion fixing the day to which the House shall adjourn; but the motion is not debatable. The motion is a privileged one.

Mr. CARLILE. I understand that the motion is debatable. However, I will waive the point. The CLERK. The yeas and nays have been demanded. Those in favor of ordering the yeas

Mr. WADE. I demand the yeas and nays and nays will rise. upon the motion.

Twenty-two members rose.

The CLERK. There is not a sufficient number up.

Mr. CRAIGE. I demand tellers on the yeas and nays.

Tellers were ordered; and Messrs. NORTON and EDMUNDSON were appointed.

The question was taken; and the yeas and nays were ordered, the tellers having reported-ayes 51; more than one fifth of those present.

The question was taken on the motion to adjourn over; and it was disagreed to-yeas 40, nays 176; as follows:

YEAS-Messrs. Allen, Barksdale, Henry S. Bennett, Boyce, Broom, Cadwalader, John P. Campbell, Carlile, Caskie, Bayard Clark, Cox, Cullen, Davidson, Henry Winter Davis, Denver, Edmundson, Florence, Henry M. Fuller, Gilbert, J. Morrison Harris, Herbert, Keitt, Kelly, Lake, Lindley, Alexander K. Marshall, Humphrey Marshall, Maxwell, Millward, Orr, Phelps, Ricaud, Richardson, Rust, William Smith, Walker, Wheeler, Whitney, Williams, and Zollicoffer-40.

NAYS-Messrs. Aiken, Albright, Allison, Ball, Banks, Barbour, Barclay, Bell, Henry Bennett, Benson, Billinghurst, Bingham, Bishop, Bliss, Bocock, Bradshaw, Brenton, Brooks, Buffington, Burlingame, Burnett, James H. Campbell, Lewis D. Campbell, Caruthers, Chaffee, Ezra Clark, Clawson, Clingman, Howell Cobt, Williamson R. W. Cobb, Colfax, Comins, Covode, Cragin, Craige, Crawford, Cumback, Damrell, Timothy Davis, Day, Dean. De Witt, Dick, Dickson, Dodd, Dowdell, Dunn, Durfee, Edie, Edwards, Elliott, Emrie, English, Etheridge, Eustis, Evans, Faulkner, Flagler, Foster, Thomas J. D. Fuller, Galloway, Giddings, Goode, Granger, Greenwood, Grow, Augustus Hall, Robert B. Hall, Harlan, Sampson W. Harris, Thomas L. Harris, Harrison, Haven, Holloway, Thomas R. Horton, Valentine B. Horton, Houston, Howard, Hughston, Jewett, George W. Jones, J. Glancy Jones, Kelsey, Kennett, Kidwell, King, Knapp, Knight, Knowlton, Knox, Leiter, Letcher, Lumpkin, Samuel S. Marshall, Matteson, McCarty, McMullin, McQueen, Meacham, Killian Miller, Smith Miller, Millson, Morgan, Morrill, Mott, Murray, Nichols, Norton, Andrew Oliver, Mordecai Oliver, Parker, Pearce, Peck, Pelton, Pennington, Perry, Pettit, Pike, Porter, Powell, Purviance, Puryear, Quitman, Reade, Ready, Ritchie, Rivers, Robbins, Roberts, Ruffin, Sabin, Sage, Sandidge, Sapp, Savage, Scott, Seward, Sherman, Shorter, Simmons, Samuel A. Smith, William R. Smith, Sneed, Spinner, Stanton, Stephens, Stewart, Stranahan, Swope, Talbott, Tappan, Taylor, Thorington, Thurston, Todd, Trafton, Trippe, Underwood, Vail, Valk, Wade, Wakeman, Walbridge, Waldron, Warner, Cadwalader C. Washburne, Ellihu B. Washburne, Israel Washburn, Watkins, Watson, Welch, Winslow, Wood, Woodruff, Woodworth, and John V. Wright-176.

So the House refused to adjourn until Wednesday next.

Mr. SEWARD. I move that the House do now adjourn; and on that motion I demand the yeas and nays.

The yeas and nays were not ordered. Mr. CLINGMAN. I demand tellers on the motion to adjourn.

Tellers were ordered; and Messrs. HOLLOWAY and CLINGMAN were appointed.

The question was taken, and the House refused to adjourn; the tellers having reported-ayes 75, noes 106.

The CLERK. The question now recurs on the motion of the gentleman from South Carolina, that the motion of the gentleman from Ohio be laid upon the table.

Mr. SEWARD. I move to postpone the consideration of that resolution until Monday next. The CLERK. The Clerk thinks that motion is not in order. The yeas and nays have been ordered on the motion to lay upon the table.

Mr. BENSON. I thought that the yeas and nays were ordered on the adoption of the resolu

tion.

Mr. KEITT. The gentleman from South Carolina [Mr. ORR] moved to lay the resolution on the table, and on that motion I demanded the yeas and nays.

Mr. BENSON.__ Were they ordered?
Mr. KEITT. They were.

The CLERK. The Journal clerk sustains the gentleman's declaration. The yeas and nays have been ordered.

Mr. McMULLIN. I appeal to the gentleman from Ohio to withdraw his motion for the present. If gentlemen on the other side of the House desire that a vote be taken for Speaker let us have it. [Cries of "Order!" "Call the roll!"]

Mr. SHERMAN. The speaking has been all on that side of the House. There have been no speeches made on our side of the House. We think that it is too early to make speeches. I therefore respectfully decline to withdraw my proposition. I think that we ought to pursue our constitutional business, and elect a Speaker to preside over our deliberations. I do not deem this the right time for debate.

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