The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 37
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CONGRESSIONAL GLOBE.
3,7
Illinois, on the subject of improving the navigation
of the Mississippi, be taken from the files of the
Senate, and referred to the Committee on Com-
merce.
Mr. PORTER, agreeable to notice, and on leave,
introduced a bill to amend an act entitled "An act to
establish the northern boundary line of the State of
Ohio, and to provide for the admission of the State
of Michigan into the Union, upon the condition
therein expressed," approved in 1836; which was read
twice, and referred to the Committee on the Judi-
ciary.
Also introduced a bill relating to the office of
surveyor general for the States of Ohio, Indiana,
and Michigan; which was read twice, and referred
to the Committee on Public Lands-
Mr. FAIRFIELD presented additional testimony
in support of the claim of Joseph Yeazy; which,
with the original documents on the files of the Sen-
ate, were ordered to be referred to the Committee on
Pensions.
Mr. KING gave notice that he would, on to-
morrow, ask leave to introduce a bill for the relief
of Caroline E. Cuthrell, of the State of Alabama.
Mr. FULTON, agreeably to notice given, and on
leave, introduced a bill allowing drawback upon for-
eign merchandise exported in original packages to
Chihuahua and Santa Fe, in Mexico; which was
twice read, and referred to the Committee on Com-
merce
Mr. F. also introduced a bill for the relief of sun-
dry citizens of Arkansas, who lost their improve-
ments in consequence of the treaty between the
United States and the Choctaw Indians; which was
read twice, and referred to the Committee on Pub-
lic Lands.
Mr. HUNTINGTON, agreeably to notice given,
and on leave, introduced a bill relating to the ap-
pointment of the assistants to the Postmaster Gen-
eral, (providing that they shall be appointed by the
President of the United States, by and with the ad-
vice and consent of the Senate;) which was read
twice, and referred to the Committee on the Post
Office and Post Roads.
Mr. MILLER, agreeable to notice heretofore
given, and on leave, introduced a bill providing for
the insane asylum in the District of Columbia;
which was read twice, and referred to the Com-
mittee on the'Distriet of Columbia.
On motion, it was agreed that when the Senate
adjourns, it adjourn to meet on Monday next.
On motion by Mr. BAYARD, the Senate pro-
ceeded to the consideration of Executive business;
and after a session of half an hour therein, the Sen-
ate resumed its legislative business; when
A message was received from the House of Rep-
resentatives by the hands of Mr. McNulty, their
Clerk, informing the Senate of the adoption by that
body of certain resolutions in testimony of respect
for the memory of the Hon. John Milled, de-
ceased, late a Representative from the State of
Georgia.
Mr. COLQUITT rose and addressed the Senate
as follows:
Mr. .President: I have in my hand a resolution
which I intend submitting for the adoption of the
Senate, that this body may unite with the House of
Representatives in paying some tribute of respect to
the memory of Col. John Millen, a member elect
from the State of Georgia to the present Congress.
It is not my puqiose to eulogize his life and
character. No matter how strong might be my
inclination to speak of Ins many virtues, I am too
well acquainted with the feelings of the human heart
not to know that, at I his lime, before this body,
my remarks could claim no higher interest than
would result from your characteristic politeness.
I have so recently heard, from the eloquent lips of
surviving friends, the announcement of the lamented
deaths of associates here—acquaintances rendered
dear to you by their manly qualities—and have wit-
nessed the sincere response of deep-toned feeling on
your part, to the call to mingle your sympathies with
country and friends, that 1 could not hope now, (no
matter how strong my desire,) to touch a single
chord that would vibrate with interest in the
history of a stranger. I shall ask, therefore,
for th« memory of Col. Mjiien, but the com-
mon and ordinary mark of respect. He was a
Georgian, a native Georgian; the city of Savannah
was the place of his birth and his death. I am told
his parenls died while he was young; that he was
bred an orphan, without ancestral fame or patrimony
to sustain him. His own virtuous integrity was an
an ample substitute for family name; his talents
and industry more than an equivalent for fortune.
That he was successful, you need only be told that
he acquired wealth by the pratice of law in the city
of his nativity; that he had friends—numerous
friends; his repeated election to the Legislature of
his State, and his more recent election by the people
of Georgia, to the present Congress, are the best
testimonials. With the path of glory bright before
him—in the noon-day of life, and before he had en-
tered upon the high and responsible duties to which
he had been called by the confidence and partiality
of the freemen of his State,—his friends, about the
middle of October, were summoned to mourn his
death. As additional evidence of regard, I offer, for
the Senate's adoption, the following resolutions:
Resolved, That the Senate has heard the announce-
ment of the death of Col. John Millen, member
elect from the State of Georgia, with feelings of deep
sensibility.
Resolved, That, in testimony of respect for his
memory, the members and officers of the Senate
wear crape on the left arm for the space of thirty
days.
The resolutions were adopted; and,
On motion by Mr. BERRIEN,
The Senate adjourned.
HOUSE OF REPRESENTATIVES.
Friday, December 15, 1843.
After prayer by the Rev. S. Tuston, Chaplain to
the Senate—
The minutes of yesterday were read by the
Clerk.
THE RULES.
The movers of resolutions, and the originators of
motions which gave rise to the unfinished business
on the calendar, consented to postponements thereof,
so that the House might take up the rules for adop-
tion, which are so necessary to the despatch of
business.
The question then recurred on the motion of Mr.
Dromooole; which is as .follows:
"It shall not be in order for any member, under cover of a
proposition to correct the journal, to move to spread on the
journal any paper or document which the House has pre-
viously refused to receive or hear read.
"When motions are made to correct or amend the journal
by the insertion of papers or documents therein, if the
House shall not decide in favor of the proposition, the mat-
ter proposed to be inserted shall not be spread on the jour-
nal, notwithstanding the yeas and nays may be entered on
the journal."
Mr. COLLAMER said: The proposed rule in-
volves, in substance, this general principle—that, in a
particular case, the House may prevent the whole or
any part of a proposition by them rejected by yeas
and nays, from going on to the journal. Now, sir,
if we could free our minds from the recollection and
influence of the recent discussion of what has been
called the protest, and consider this matter upon
general principles, (as it should be considered on the
present question,) it seems to me we could hardly
differ. The general parliamentary practice in Eng-
land, is to enter on the journal only what is agreed
to by the House; so that it is indeed the journal of
the majority. But in this country this is not so, and
here every vote is to be placed on the journal. This
matter has grown out of no new rule in our Houses.
It is the result and necessary consequence of the pro-
visions of our Constitution, and to that alone is it at-
tributed in the Manual. The Constitution provides
that "each House shall keep a journal of its pro-
ceedings," &e.; "and the yeas and nays of members
of either House, on any question, shall, at the de-
sire of one-fifth of those present, be entered on the
journal." Now what was the object of these pro-
visions and what its limitations? Most clearly, the
object 'is, that it may be shown by the record
hoV each man voted, and on what proposition that
vote was taken. This as much includes the pro-
positions rejected, as those adopted, by a majority of
the Bouse. Most obviously, the n«twe> rovtch less
the merits of the proposition, cannot appear without
the whole paper on which it arises is presented!; and
if the majority may suppress any . jpart, they,stay
suppress the whole of every proposition theyreject,
and so utterly destroy all the Beneficial advantage
of that clause in the Constitution, and reduce our
condition to what it was before the Constitutfe%
and make the journal but the journal of what the
majority adopt, and at the same time deprive us 6f
the ancient privilege of protest.
It is true, the proposed rule applies only to the
case of a proposition "to amend the journal; but it ex-
cludes from the journal all papers constituting the
proposition, if the House reject' it, even when done,
by yeas and nays. Now, sir, this is nothing more nor
less than to make an exception of one case of yeas and
nays, from the general and unqualified provision of
the Constitution. I insist that, as the privilege did
not arise from rule, it cannot be limited or qualified,
or exceptions be formed to it, by ruies of this House.
If the House can, by rule, make this exception, they
may make any other, and so entirely destroy the
privilege.
But this is attempted to be done on the
ground of necessity. It is insisted that one-fifth of
this House might, by making the proposition and
calling for the yeas and nays, place the Mormon
Bible, or Hutton's Mathematics, or any other mat-
ter, on the journal, and require it to be read; which
would occupy our whole time, and entirely defeat
the legitimate purpose of our organization. Sir, it
is not to be presumed that one-fifth of this House is
to be guilty of such a preposterous abuse of their
privilege, and for which they alone must stand re-
The provision in the Constitution that the yeas
and nays can only be required by one-fifth, was in-
tended as our security against unreasonable cap-
tiousness; and with this security we should be con-
tent. Neither would this rule, if adopted, be any
security against captiousness and abuse. The fifth
part, if so disposed, might employ the whole time
of this House in taking the yeas and nays on reso-
lutions introduced but to be overruled.
Arguing against the existence of a power, or form-
ing exceptions to the use of that power from
the possibility of its abuse, is wholly inadmissible;
and I protest against its adoption. It is said to be
necessary. Necessity is the plea of tyrants. Every
power is susceptible of abuse; and if the power is
to be derived or curtailed from such a consid-
eration, we may destroy all power in the dif-
ferent branches of the Government. The House
may expel a member, but only by a majority of
two-thirds. Now, a member might be so contuma-
macious and disorderly as entirely to interrupt the
proceedings of the House, and persist in so doing,
and more than one-tliird might uphold him therein.
Would that authorize the majority to sayne-
cessity, that the case must or could be made an ex-
ception, and the member be expelled by a bare ma-
jority? The rule, sir, is but an attempt to qualify
and limit a constitutional right, which cannot, in such
a way, be done.
Mr. CAVE JOHNSON said he did not see any
propriety in the further continuance of this debate
at this time. The adoption of the rules would be
but temporary; and it was important to the House
that their adoption should take place immediately,
that the committees might have business before
them, and that the House might go to work: and
therefore he moved the previous question. He did
this, not bccause he was unfavorable to the amend-
ment—for, at a proper time, he would vote for it—
but the business of the House and the business of
the country required that they should adopt the
rules, even though the accomplishment of that ob-
ject should for a time cut oft' the amendment.
' Mr. DROMGOOLE intimated to his friend from
Tennessee, that they were acting under the parlia-
mentary law, which would not cut on the amend-
ment.
The SPEAKER, after a conversation on this
point, decided that the previous question would cut
off the amendment.
Mr. DROMGOOLE appealed from the decision
of the Chair; but it was sustained by the House.
The previous question was sustained: and the
rules of the last Congress were adopted, as amended
in the 133d rule a few davs ago.
Mr. DROMGOOLE then moved the adoption of
his amendment.
Mr. WIJN'THROP said that motion would re-,
quire a day's notice.
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/61/: accessed April 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.