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Suspension of the Rules.
(JULY 4, 1836.
After some remarks from Messrs. WALKER and After the consideration of executive business, BENTON,
A message was received from the President of the UniMr. BLACK offered an amendment to the rule of the ted States, by Mr. DONELSOX, his secretary, stating that House, specifying particularly all the acts whicb should he had signed the several bills (specifying them by their be
ed in it, and confining its operation to them | titles) submitted to him on that day. solely; but, at the suggestion of the Chair, modified his The motion submitted by Mr. GRUNDY, for the apamendment so as to make the resolution of the House pointment of a joint committee to wait on the President read as follows:
of the United States to inform bim that the two Houses Resolved, That the 17th joint rule of the two Houses of Congress were ready to adjourn, and desiring to of Congress, which declares that no bill or resolution know whether he had any further communications to shall be submitted to the President for his signature on make to them, was taken up and agreed to. the last day of the session, be suspended so far as re After waiting some time, spects such acts and resolutions as have already passed Mr. GRUNDY, from the joint committee appointed to both Houses, and received the signatures of their pre- wait on the President, reported that they had performed siding officers.
the duty assigned them, and that the President had anThe resolution, thus amended, was agreed to, and sent swered that he had no further communications
ons to make to the other House for concurrence; after which,
to Congress A message was received from the House of Repre On motion of Mr. BUCHANAN, sentatives by Mr. FRANKLIN, their Clerk, stating that The Senate adjourned sine die. they had concurred in the amendment.
THE HOUSE OF REPRESENTATIVES.
LIST OF MEMBERS
Roane, John Robertson, John Taliaferro, Henry A. . Of the House of Representatives at the first session of the Wise-21. twenty-fourth Congress.
NORTH CAROLINA--Jesse A. Bynum, Henry W.
Connor, Edmund Deberry, James Graham, Micajah T. MAINE-Jeremiah Bailey, George Evans, John Fair.
John Fair | Hawkins, James J. McKay, William Montgomery, Ebefield, Joseph Hall, Leonard Jarvis, Moses Mason, Gor-nezer Pettigrew, Abraham Rencher, William B. Shepham Parks, Francis 0. J. Smith--8.
ard, Augustine H. Shepperd, Jesse Speight, Lewis NEW HAMPSHIRE-Benning M. Bean, Robert Burns, Samuel Cushman, Franklin Pierce, Joseph SOUTH CAROLINA--Robert B. Campbell, William Weeks--5.
J. Grayson, John K. Griffin, James H. Hammond, MASSACHUSETTS-John Quincy Adams, Nathan- | Richard J. Manning, Francis W. Pickens, Henry L. iel B. Borden, George N. Briggs, William B. Calhoun, Pinckney, James Rogers, Waddy Thompson, jr.--9. Caleb Cushing, George Grennell, jr., Samuel Hoar, GEORGIA--Jesse F. Cleveland, John Coffee, Thomas William Jackson, Abbot Lawrence, Levi Lincoln,
Glasscock, Seaton Grantland, Charles E. Haynes, HopStephen C. Phillips, John Reed--12. .
kins Holsey, Jabez Jackson, George W. Owens, George RHODE ISLAND-Dutee J. Pearce, w. Sprague--2. W. B. Towns--9. CONNECTICUT--Elisha Haley, Samuel Ingham,
ALABAMA--Reuben Chapman, Joab Lawler, Dixon Andrew T. Judson, Lancelot Phelps, Isaac Toucey, H. Lewis, Francis, S. Lyon, Joshua L. Martin--5. Zalmon Wildman--6.
MISSISSIPPI--David Dickson, J. F.H.Claiborne-2. VERMONT-Heman Allen, Horace Everett, Hiland LOUISIANA-Rice Garland, Henry Johnson, Eleazer Hall, Henry F. Janes, William Slade--5.
W. Ripley--3. NEW YORK-Samuel Barton, Samuel Beardsley, TENNESSEE -John Bell, Samuel Bunch, William Abraham Bockee, Matthias J. Bovee, John W. Brown, B. Carter, William C. Dunlap, John B. Forester, Adam C. C. Cambreleng, Graham H. Chapin, Timothy Childs,
Huntsman, Cave Johnson, Luke Lea, Abram P. Maury, John Cramer, Ulysses F. Doubleday, Valentine Efner, Balie Peyton, James K. Polk, E. J. Shields, James Dudley Farlin, Philo C. Fuller, William K. Fuller, Standefer--13. Ransom H. Gillet, Francis Granger, Gideon Hard, Abner KENTUCKY--Chilton Allan, Lynn Boyd, John CalHazeltine, Hiram P. Hunt, Abel Huntington, Gerrit Y. hoon, John Chambers, Richard French, Wm.J. Graves, Lansing, George W. Lay, Gideon Lee, Joshua Lee, Benjamin Hardin, James Harlan, Albert G. Hawes, Stephen B. Leonard, Thomas C. Love, Abijah Mann, jr., Richard M. Joboson, Joseph R. Underwood, John William Mason, John McKeon, Ely Moore, Sherman White, Sherrod Williams--13. Page, Joseph Reynolds, David Russell, William Seymour, MISSOURI-Wm. H. Ashley, Albert G. Harrison--2. Nicholas Sickles, William Taylor, Joel Turrill, Aaron ILLINOIS-Zadok Casey, William L. May, Jobn Vanderpoel, Aaron Ward, Daniel Wardwell--40. Reynolds--3.
NEW JERSEY-Philemon Dickerson, Samuel Fow INDIANA-Ratliff Boon, John Carr, John W. Davis, ler, Thomas Lee, James Parker, Ferdinand S. Schenck, Edward A. Hannegan, George L. Kinnard, Amos Lane, William N. Shinn--6.
Jonathan McCarty--7. PENNSYLVANIA- Joseph B. Anthony, Michael W. OHIO-William K. Bond, Joh Chaney, Thomas CorAsh, John Bsnks, Andrew Beaumont, Andrew Buchan- win, Joseph H. Crane, Thomas L. Hamer, Elias Howell, an, George Chambers, William P. Clark, Edward Benjamin Jones, William Kennon, Daniel Kilgore, SampDarlington, Harmar Denry, Jacob Fry, jr., John Cial son Mason, Jeremiah McLene, William Patterson, Jonabraith, James Harper, Samuel S. Harrison, Joseph Hen- | than Sloane, David Spangler, Bellamy Storer, John derson, William Hiester, Edward B. Hubley, Joseph R. Thompson, Samuel F. Vinton, Taylor Webster, Elisha Ingersoll, John Klingensmith, jr., John Laporte, Henry Whittlesey--19. Logan, Job Mann, Thomas M. T. McKennan, Jesse
ARKANSAS TERRITORY--Ambrose H, Sevier, DELAWARE--John J. Milligan-1.
FLORIDA TERRITORY--Joseph M. White. MARYLAND--Benjamin C. Howard, Daniel Jenifer,
MICHIGAN TERRITORY--George W. Jones. Isaac McKim, James A. Pearce, John N. Steele, Francis Thomas, James Turner, George C. Washington--8.
MONDAY, DECEMBER 7, 1835. VIRGINIA-James M. H. Beale, James W. Bouldin, At twelve o'clock, M., the House was called to order Nathaniel H. Claiborne, Walter Coles, Robert Craig, by Mr. FRANKLIN, the Clerk of the last Congress. George C. Dromgoole, James Garland, G. W. Hopkins, The roll was then called by States, when two hundred Joseph Johnson, John W. Jones, George Loyall, Edward and twenty-four members, constituting a quorum, havLucas, John Y. Mason, William McComas, Charles F. ing answered to their names, the Clerk announced that Mercer, William S. Morgan, John M. Patton, John the first business in order was the election of a Speaker.
Mr. PATTON said he did not know by what authori- | recollect whether that of Speaker was included or not. ty it was that the election of Speaker, about to take For himself, he preferred the mode of voting viva voce place, was to be done, as announced by the Clerk, by upon this question; but he well saw that if the question ballot-necessarily by ballot. If it was competent for was then entertained and acted upon, in all human Mr. P. to do so, he should move, without desiring any probability, the discussion would be spun out to a late discussion on the question, that the election be made hour of the day, the Clerk of the House presiding, or viva voce.
perhaps spun out for weeks-for all of them knew well Mr. MERCER doubted whether that body, unorgan-that a question of that character could not be decided ized as it was, was competent to act on such a question; without long discussion. He hoped, therefore, that the and, besides, he humbly conceived that it would be un honorable gentleman from Virginia (Mr. Patron] would wise to entertain it, as it would necessarily give rise to a withdraw the motion, let the House proceed in its cus. long discussion. He hoped his honorable colleague tomary mode, and test the principle by proceeding to would not press his motion.
the choice of clerks viva voce; and Mr. B. would most Mr. PATTON said he thought the law ought to be cheerfully vote that they proceed to the choice of clerks altered; he had no doubt it would be altered; and, be either viva voce or by resolution, and take the question lieving so, he desired it might be altered at once. He by yeas and nays. thought that House, if it was competent to elect, was 'Mr. PATTON said he did not feel the embarrassment certainly competent to prescribe the mode of election, if alluded to, and he must persist in his motion. they thought proper. For himself, he felt very little Mr. WILLIAMS, of North Carolina, denied that the concerned how it was to be decided; believing, how House was without rules; for they had, and were bound ever, the viva voce mode to be the one in which all elec-| by the rules of the constitution. tions in representative popular bodies ought to be made, Mr. WISE would ask by what authority the members he must persist in his motion.
of that House had a right at present to vote. Was any The Clerk (Mr. FRANKLIN) read the rule of the last man in that assembly qualified? Non constat: at present House of Representatives, prescribing the mode to be by they were all members there. Were they not to exhibit ballot.
their qualifications before they undertook to exercise the Mr. WARDWELL said there was no rule existing duties of Representatives in Congress? They might as that could bind the present House, and the Clerk might well else submit the question to the gallery as that body. as well read out of any other book as that.
Mr. VANDERPOEL remarked that it must be well Mr. PATTON. The rules of the last House of Rep- recollected by all the gentlemen with whom he had the resentatives were not the rules of the present House; in honor to be associated in the last Congress, what course fact, there were no rules in force until rules were adopt- he then took upon this question, whether the officers of ed by the existing House.
this House should be chosen viva voce or by ballot. He Mr. WILLIAMS, of North Carolina, said they were had the honor of submitting at that time some reasons now about to adopt a very important change in the in favor of the plan of the gentleman from Virginia, usages of the House-a usage that had existed, he be- [Mr. Patron;] and if they were to come to a vote upon lieved, without interruption, from the organization of the question now before them, he should vote in favor the Government to the present time. What reason of it; but it was very doubtful to Mr. V. whether it was could have suggested itself to produce this change, he expedient at this time to agitate the subject. The House was utterly unable to perceive. It might be for the was not yet organized; the debate on the same question same reasons they had heard suggested last session; but last session occupied more than a week, and there were as this was a new body, assembled for the first time in many gentlemen who entertained different views, who this city and in this house, he should not advert to them. would claim the right to submit their views before the Wishing it, however, to be known how his own vote question was taken. The subject was an important one, would stand on the question, he hoped they would be | coeval with the existence of the Government; and, indulged with the privilege of the yeas and nays; and he | though he was decidedly in favor of the change, yet he would move the question be so taken.
was in favor of having that change deliberately made, Mr. BEARDSLEY said that body was not the House
aid that body was not the House and after the organization of the House; and he should of Representatives, nor were they at that moment assem- therefore be extremely glad if the honorable mover bled there as a House. They were nothing more than would withdraw his motion. Besides, he did not know the elements out of which the House of Representatives what right they had to take the yeas and nays. If the was to be composed. Individuals came there, but it was House went into the question then, it seemed to him only after taking the oath of office that they became that they would have to appoint an extra Speaker, or members of that House. It was true, also, that there Moderator, to preside; but he hoped they would not be were no rules to organize that body; for it was as yet subjected to the necessity of entertaining the question, an incomplete and imperfect body, unorganized, and and he would again most respectfully repeat the request without any other rules than custom. Custom alone to the gentleman to withdraw his motion. had sanctioned the practice that the Clerk of the House Mr. EVANS said, both then and hereafter, he should should, on the first day of the session, at twelve o'clock, strenuously contend against the change, whenever it call over the names of the members; and custom also was brought forward. He was unwilling to go into the bad sanctioned the practice of the Clerk calling for the discussion then; and, without any disrespect to the genmembers to vote, and putting the question for Speaker. tleman from Virginia, he moved to lay the motion to It was a custom, and nothing more than a custom; and proceed to the election of a Speaker, viva voce, on he had no doubt whatever that that body was authorized, the table. under the constitution, to proceed to the choice of a Mr. PATTON asked for the yeas and nays. Speaker, either viva voce, by resolution, or by ballot. Mr. MERCER had some doubts whether the Clerk There was no limitation; and it was left to the discretion could present the question, and whether one fifth had of that body, incomplete and imperfect as it was, to take the right to call for the yeas and nays. its own course. It would, perhaps, be better to pro. Mr. PARKER said it appeared to him the rules were ceed according to the established usage of the House. clear; and he would ask by what right it was that the He said that during the last session a motion was made Clerk called that House to order but by the laws preand debated to pass a similar rule in relation to the elec- viously adopted? By what right did he call them at 12 tion of printer and some other officers-he did not lo'clock? There was no law for 12 o'clock more than
1 o'clock; and yet every gentleman would and must admit place, called to preside over the deliberations of this that if 121 members met there at 11 o'clock, they would House, I feel that I ought to invoke, in advance, the inact contrary to law, and contrary to the rules governing dulgent forbearance of its memhers, for any errors of that House. There was a set of regulations in usage judgment which may occur in the discharge of the sewhich, like the common law, were binding, and they were vere duties which will devolve upon me. It shall be these: that they should meet at 12 o'clock on the first my pleasure to endeavor to administer the laws which Monday in December; that the Clerk of the last House may be adopted for the government of the House justly should call the members, and ascertain if a quorum were and impartially towards its members, and with a view to present, and that those present should proceed, by bal. the preservation of that order which is indispensable to lot, to organize themselves as a body. When they have our character as a body, and to the promotion of the done that, and not till then, were they competent to make public interests. To preserve the dignity of this body, any regulations. On that ground he considered every and its high character before the country, so far as shall innovation of the established usage of fifty odd years' depend upon its presiding officer, will be objects of my standing as inexpedient, and one they had no right to deepest solicitude; and I am sure I shall have the co-opadopt.
eration and support of all its members, in the discharge Mr. REED concurred with the gentleman from New 1 of my duty, with a view to these objects. Jersey. They must proceed to act, to a certain extent, I return to you, gentlemen, my sincere acknowledgfrom necessity; and he did not consider the Clerk to be | ments for this manifestation of your confidence, in electan incompetent officer to manage this debate and con ing me to this high station; and my ardent hope is, that trol it; but he did hope the motion would be withdrawn. I our labors here may merit and receive the approbation He considered the present mode of voting the true one; of our constituents, and
of our constituents, and result in the advancement of the usage of fifty years, from the foundation of the Goy the public good. ernment, was sufficient, and ought to be their rule of | Mr. WILLIAMS, of North Carolina, (the oldest memproceeding before the House was organized; and he ber in the House,) administered the usual oath to the conceived they were acting a very singular part in their | Speaker, when the latter qualified the members by present unorganized state.
States, as also the territorial delegates from Arkansas, Mr. MANN, of New York, said it was not his purpose | Florida, and Michigan. to enter into the debate, but he would remark that the Mr. BEARDSLEY submitted a resolution appointing gentleman from Massachusetts Mr. Reed] seemed to Mr. WALTER S. FRANKLIN Clerk of the House; which him to be mistaken in supposing that the Clerk of the was agreed to, and Mr. FRANKLIN was qualified by the House stood in his place at the present time by mere Speaker. custom or by presumption. Now, the rules of the last A message was received from the Senate, announcing House were the laws of the present till others were that that body, having assembled and formed a quoadopted. Mr. M. here read the rule applying to the rum, were ready to proceed with legislative business; Clerk, that he should take an oath, and should be deem- and that a committee had been appointed on the part of ed to continue in office until another was appointed. the Senate, to meet such committee as might be apThat was the law probably of the present body; and the pointed on the part of the House, to wait on the PresiClerk was in office to all intents and purposes, under dent of the United States, and inform him that Conthat law, until it was repealed. He hoped the gentle. gress, having assembled, are ready to receive any comman from Virginia would withdraw the motion; but if munication which he may choose to make. he saw fit to persist in it, Mr. M. said it would be his indispenable duty, although in favor of the principle, to
- ELECTION OF PRINTER. vote to lay it on the table.
Mr. COFFEE submitted a resolution, in substance, After a few words from Mr. MERCER, in explana- that the House proceed to the election of a printer for tion, the call for the yeas and nays was not seconded by the 24th Congress; which was agreed to. onefi fth of the members present; and the motion of Mr.
Mr. JOHNSON, of Kentucky, nominated Messrs. PATTON was laid on the table without a count.
BLAIR & RIVES;
Mr. WILLIAMS, of North Carolina, nominated Messrs. ELECTION OF SPEAKER.
GALES & SEATON; and On motion of Mr. BEARDSLEY, the House then
Mr. PEYTON, of Tennessee, nominated Messrs. proceeded to ballot for a Speaker.
BRADFORD & LEARNED. Messrs. Johnson of Tennessee, EVERETT of Vermont,
Mr. PATTON remarked, that the House baring inand ANTHONY of Pennsylvania, were appointed tellers;
dicated an indisposition to adopt the principle of voting and, on counting the ballots, it appeared that 225 had
vira voce, he would not press that question at this time. been given, as follows:
The officers of the House having been directed to For JAMES K. Polk,
collect the ballots, John BELL, .
Mr. WHITTLESEY remarked that this resolution,
- 84 Scattering and blanks,
he apprehended, was premature. We were about to
supply an omission of a preceding Congress; and he The honorable JAMES K. POLK, of Tennessee, having doubted whether there was any law in existence which received a majority of all the votes given, was declared would authorize the present proceeding. duly elected Speaker of the 24th Congress; and, being The SPEAKER stated that the election could only be conducted to the chair by Messrs. Johnson of Kentucky overruled by a reconsideration of the vote adopting the and Janvis of Maine, returned his thanks for the honor resolution. conferred, in the following address:
Mr. WHITTLESEY moved to reconsider the vote on
the resolution. Gentlemen of the House of Representatives:
Mr. ADAMS, of Massachusetts, said that there was a In accepting the high station to which I am called by question which it would be well to consider, before this the voice of the assembled representatives of the peo- | matter was decided. He considered it incumbent upon ple, I am deeply impressed with the high distinction the individual who should be chosen printer, previously which is always conferred upon the presiding officer of to enter into bond. He did not believe that he could this House, and with the weight of the responsibility be required to enter into bond subsequently to his elecwhich devolves upon him. Without experience in this / tion.
Mr. ROBERTSON was in favor of the motion to re- of a printer; and Mr. Jonsson of Kentucky, Mr. Wilconsider. He doubted the propriety of electing a print. LIAMS of North Carolina, and Mr. PEYTON of Tenneser at all. He believed this was the opinion of a num- see, being appointed tellers, the result was announced ber of the members of the last Congress. He preferred as follows: that the printing should be done by contract, instead of Whole number of votes 223; necessary to a choice electing a political partisan. It was certainly not mag- 112. nanimous or generous in a majority here to impose For Messrs. Blair & Rives,
. 133 upon the minority a partisan printer, who would vilify
< Gales & Seaton, . and abuse that minority.
Bradford & Learned, Mr. BEARDSLEY adverted to the propriety and ne Scattering, cessity of an immediate election of printer. He would
Whereupon Messrs. Blair & Rives were declared dulike to know by what rule the gentleman from Virginia
ly elected printers to the twenty-fourth Congress. [Mr. ROBERTSON) anticipated that a majority of this
The House proceeded to consider the message from House would appoint a printer who would vilify the mi
| the Senate, which was agreed to; and Messrs. THOMnority for the due discharge of their duties here. Upon
son of Ohio, Mason of Virginia, and REED of Massachuwhat grounds does the gentleman found any such belief?
setts, were appointed a committee, on the part of the Gentlemen were not so sensitive on former occasions.
House, to wait upon the President. It had been the practice of the preceding Congresses
On motion of Mr. CONNOR, a resolution was adoptto choose the printer for their successors. The last ed. directing that a message be sent to the Senate, House was not kind enough to perform this duty for us,
this duty for us,
informing that body that the House had assembled, and it now became the province of this House to make | elected a Speaker, and were ready to proceed to busiits own selection. · Mr. WHITTLESEY explained that he only desired
On motion of Mr. WARD, of New York, it was orthat the House should not elect a printer without adopt
dered, that, when the House adjourn, it will adjourn to ing the proper guards.
meet again on to-morrow, at twelve o'clock, and at the Mr. ROBERTSON, after a few remarks, presented a
same hour each succeeding day. resolution, in the form of an agreement, providing that Mr. MERCER offered a resolution, providing for the the public printing should be performed by contract.
appointment of a chaplain by the House, at twelve Mr. WHITTLESEY waiving his motion for the
o'clock, M., to-morrow. present,
Mr. REYNOLDS, of Illinois, moved to amend the Mr. MANN, of New York, by consent of the House,
resolution by providing that, in future, in the election of moved the adoption of the rules of the last House.
officers of the House, it shall be by viva voce. Mr. JOHN QUINCY ADAMS wished to propose an Mr. VINTON moved an adjournment; which was additional rule, providing that the Committee of Ways
agreed to. and Means should report the general annual appropria.
The House then adjourned. tion bill within thirty days of the meeting of each session of Congress.
TUESDAY, DECEMBER 8. Mr. MANN then modified his motion so as to except
Messrs. JACKSON of Massachusetts, GALBRAITk of the fifty-seventh rule. Mr. REYNOLDS remarked that he did not wish to
Pennsylvania, and Tunnen of Maryland, appeared, and delay the business and elections of this House; but
were qualified. thought it was inconsistent for him to support the sys
Mr. THOMSON, of Ohio, from the joint committee tem of balloting for officers, as he had urged, at the
appointed to wait on the President of the United States, last session of Congress, the mode of voting by viva voce
and inform him that the two Houses of Congress, having for all officers. He continued to entertain the same
assembled and formed quorums, were ready to receive principle and opinions, and accordingly felt conscien
any communication which he might desire to make, retiously bound, not only not to vote for the balloting
ported that the committee had performed the duty asmode, but to urge the other.
signed, and were informed that the President would Mr. R., after some remarks, modified bis proposition
communicate to each House, at twelve o'clock this day, so as to exclude the said objectionable rules; to which
a message in writing. Mr. MANN consented, but afierwards withdrew the
On motion of Mr. WARDWELL, the usual order
for supplying the members with newspapers was whole resolution. The question, on motion of Mr. WHITTLESEY, to
adopted. reconsider the resolution to elect a printer of the House
PRESIDENT'S MESSAGE. then came up.
A message was received from the President of the Mr. MERCER moved an adjournment; and
United States, by Mr. DonELSON, his private secretary; Mr. GILLET called for the yeas and nays; where- ! which was read." upon,
[The message will be found in the appendix.] Mr. MERCER withdrew the motion.
Mr. BEARDSLEY submitted a resolution, commit. The subject was further debated by Messrs. HOR- ting the message to a Committee of the Whole on the ACE EVERETT, WARD, EVANS, ROBERTSON, I state of the Union; and that 10,000 copies, together BEARDSLEY, and WIII'TLESEY.
with the accompanying documents, be printed for the Mr. BEARDSLEY offered a resolution providing | use of the members of the House; which was agreed to. that the printer should give bond and security for the performance of his duties, as laid down in the joint res
ANNUAL TREASURY REPORT. olutions of March, 1819, and February, 1829, which, The SPEAKER laid before the House the arnual reby unanimous consent, was adopted as a modification of port of the Secretary of the Treasury on the state of the Mr. Corree's resolution.
finances. (See appendix ] Mr. WHITTLESEY withdrew the motion to recon Mr. CAMBRELENG moved that it be laid on the tasider.
ble, and that 10,000 copies be printed. Mr. ROBERTSON renewed it; and, upon being put, Mr. CONNOR suggested 15,000 copies. it was lost without a count.
Mr. CAMBRELENG accepted the suggestion as a The House then proceeded to ballot for the election modification of bis motion. It was then agreed to.