The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 368
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368
CONGRESSIONAL GLOBE.
NAYS—Messrs. Abbot, Adams, A&he, Baker, Barringer,
Barftard, Jeremiah Brown, Buffington, Carrojl, Causin, Chil-
ton, Clinch, Dickey, Dicknson, Fish, Foot, Willis Green,
Grinnell, Grider, Hardin, Harper, Holmes, Washington
Hunt, Charles. J. Ingersoll, Joseph R. Ingersoll, Perley B.
Johnson, Daniel P. King, Lewis, Mcllvaine, Marsh, Ed-
ward J. Morris, Morse, Newton, Patterson, Elisha R. Pot-
ter, Preston, Rayner, Charles M. Reed, David S. Reid, Rhett,
Rockwell, Rodney, Rogers, Sample, Schenck, Senter, Al-
bert Smith, Caleb B. Smith, Andrew Stewart, Tilden, Tyler,
Vance, Wethered, Winthrop, and Woodward—65.
Mi*. SAUNDERS then moved that the second
branch fee laid upon the table; and upon this motion,
the yeas an^-nays were taken, and resulted thus—
yeas 93, nays 76:
YEAS—Messrs. Anderson, Atkinson, Benton, James
Black, Bossier, Bower, Boyd, Jacob Brinkerhoft', Brodhead,
Aaron V. Brown, Milton Brown, Win. J. Brown, Cald-
well, Cary, Catlin, Clinton, Cobb, Cranston, Cullom, Dana,
Richard D. Davis, Dean, Deberry, Dromgoole, Dunlap,
Elmer, Ficklin, Foster, French, Byram Green, Hale, Ham-
lin, Hammett, Haralson, Hays, Henley, Herrick, Hopkins,
Hubbell, Hughes, Hungerford, Irvin, Jameson, Cave John-
son, Andrew Johnson, George W. Jones, John P. Ken-
nedy, Preston King, Kirkpatrick, Labranche, Lucas, Lump-
kin, Lyon, McCauslen, Maclay, McClelland, McConnell,
McDowell, McKay, Moore, Joseph Morris, Murphy, Ow-
en, Pettit, Emery 1). Potter, Pratt, Purdy, Rathbun, Relfe,
Ritter, Roberts, Robinson, Russell, Jt. John, Simons, Sli-
dell, John T. Smith, Thomas Smith, Robert Smith, Steen-
rod, Stetson, Stone, Sykes. Tibbatts, Tucker, Weller,
Wentworth, Wheaton, White, Williams, Woodward Jo-
seph A. Wright, and Yost-—93.
NAYS—Messrs. Abbot, Adams, Ashe, Baker, Barringer,
Barnard, E.J. Black, Jeremiah Brown, Buffington, Burke.
Burt, Carroll, R. Chapman, Chilton, Clinch, Collamer, Dan-
iel, John W. Davis, Dickey, Dickinson, Fish,'.Foot, (iid*
dings, Willis Given, Grinnell, Grider, Hardin, Harper,
Holmes, Hoge, Houston, Hubard, Washington 'Hunt,
James B. Hunt, Charles J. Ingersoll, Joseph II .Ingersoll,
Peiley B. Johnson, Andrew Kennedy, Daniel P King,
Leonard, Lewis,McClernand, Mcllvaine, Marsh, Edward
J. Morris, Morse, Newton, Patterson, Payne, Elisha R.
Potter, Preston, Charles M. Reed, David S. Reid, Reding,
Rhett, Rockwell, Rodney, Rogers, Sample, Saunders.
Schenck, Senter, Severance, T. H. Seymo\ir, Albert Smith,
Caleb B. Smith, Stephens Andrew Stewart, John Stewait,
Thomassou. Thompson, Tjler, Vance, Vinton, Wetheiud
and Winfhiop,—76.
CLERICS OF THE HOUSE.
Mr. ANDREW JOHNSON submitted the fol-
lowing resolution:
Resolved, That the chief clerk report to this
House what number of deputy or sub-clerks of the
House of Representatives he is authorized by law. or
resolution to appoint, the number appointed, what
States they are from, their various employments, the
amount of their salaries, out of what fund they are
paid, the number of hours they are employed each
day, what will be their employment, if any, after
the adjournment of Congress, and whether any and
all the duties pertaining to the office of said clerk
cannot be discharged with a less number of deputy
or sub-clerks than are now employed. Also, what
duties are performed by the Clerk of the House in
person; and that said chief clerk report to this
House within the next ten days.
Mr. PETTIT moved an amendment, to take the
persons employed in the document room from under
the direction of the door-keeper, and place them un-
der the direction of the ClerK of the House.
Mr. HOLMES objected to the resolution, and it
went over.
GENERALS GAINES AND SCOTT.
Mr. MILTON BROWN offered the following
resolution; which was agreed to:
Resolved, That the Committee on Military Affairs,
to whom was referred a bill to divide the United
States into two military districts, in addition to the
report it may see proper to make on said bill, also re-
port whether a communication has been received
by said committee from Major General Winficld
Scott, touching the merits of said bill; and if so, that
said committee report the same to this House.
Mr. HARPER offered the following resolution;
which, being objected to, lies over*
Resolvedy That the select comnuttce to whom
amendments to the constitution have been referred,
inquire into the expediency of amending the consti-
tution of the United States, so that the voters in the
several States may vote directly for President and
Vice President.
Mr. SCHENCK offered the following resolution:
Resolved, That the President of the United States
be requested to inform this House, if, in his opinion,
s'uch communication will not be inconsistent with
the public interest, whether Duff Green, a citizen of
ths United States, hps been, at any time within the
last two years, employed and acting in any capacity
&s agent for this government, or of any department
thereof, in Great Britain, or any other foreign coun-
try; and, if so, what has been the said Green's par-
ticular official relation to this government; under
what authority of law, and by whom, he was ap-
pointed; what provision has been made for his com-
pensation, and the amount of that compensation.
Objections being made by several,
Mr. SCHENCK moved to suspend the rule.
Mr. HOLMES asked if the question was debata-
ble. If so, he should like to say a word._
The question was then taken, and decided in the
negative—yeas 86, nays 75—not two-thirds, as
follows:
YEAS—Messrs. Abbot, Adams, Ashe, Atkinson, Baker,
Barringer, Barnard, Bowlin, Milton Brown, J. Brown, But-
fington, Burke, Caldwell, Carv, Catlin, Causin, Chilton,
Clinch, Collamer, Cranston, Cullom, Dana, Garrett Davis,
Richard D.Davis, Deberry, Dickey, Dickinson, Diomgoole,
Dunlap, Fish, Foot, Foster, Giddings, Willis Green, Grin-
nell, Grider, Hamlin, Hardin, Harper, Henley, Hoge,
Hudson, Hungerford, Washington Hunt, Charles J. In-
gersoll, Irvin, Jameson, Perley B. Johnson, A. Johnson,
G. W. Jones, John P. Kennedy, Daniel P. King, Lucas,
MeConnell, Mcllvaine, Marsh, Edward J Morris, Joseph
Morris, Morse, Newton, Patterson, Pej ton, Emery D. Potter,
Rayner, David S. Reid, Rockwell, Rodney, Rogers, St.
John, Sample, Schenck, Severance, Albeit Smith, John T.
Smith, Caleb B Smith, Stephens, Stone, Summers, Thomas-
son, Tilden, Tyler, Vance, Vinton, Wethered, White, and
Williams—86.
NAYS—Messrs. Anderson, Benton, Edward J. Black,
Blaekwell, Bossier, Boyd, Broadhead, Aaron V. Brown,
William J. Brown, Burt, Campbell, Reuben Chapman,
Clinton, Cobb, Cross, Daniel, John W. Davis, Dawson, Dil-
lingham, Elmer, Ficklin, French, Bjram Green, Hale,
Haialson, Herrick, Holmes, Hopkins, Houston, Hubard,
Hubbell, Hughes, James B. Hunt, Cave Johnson, La-
branche, Leonaid, Lewis, Lumpkin, Ljon, McCauslen,
Maclay, McClelland, McClernand, McDowell, McKay,
Owen, Payne, Pettit, Purdy, Rathbun, Rhett, Ritter, Rob-
erts, Robinson, Russell, Thomas H. Seymour, Simons,
Simpson, Slidell, Thomas Smith, Robert Smith, John
Stewart, Sykes, Taylor, Thompson, Tibbatts, Tucker,
Wentworth, Wheaton, Winthrop and Yost—75
Mr. E. D. POTTER submitied the following joint
resolution; which being objected to, went, over:
Resolved by the Senate and House of Representa-
lalives in Congress assembled, That a joint committee
be appointed to contract with one or more compe-
tent American artists, for the execution of a histor-
ical picture, serving to illustrate the success of the
American arms in the late war with Great Britain;
and that the subject be "the battle of New Orleans,
January 8,1815," the particular point of time in said
battle to be left to the choice of the artist under the
control of the committee.
Mr. TILDEN offered the following resolution;
on which he demanded the previous question:
Resolved, That the Clerk be directed to suspend
the printing of the extra copies of the report of the
Committee of Ways and Means, on the subject of
the amendment of the existing tariff law, for ten
days, so that the views of the minority of that com-
mittee oil the same subject (if by that time pre-
sented to the House) may be published in equal
numbers with said report; and that the whole be
put in form for distribution together.
Mr. FISH moved to lay the resolution on the ta-
ble; and on this he called for the yeas and nays;
which were ordered, and being taken, resulted thus
—yeas 93, nays 70:
YEAS—Messrs. Anderson, Atkinson, Benton, Kdward J.
Black, Bossier, Bower, Bowlin, Boyd, Jacob Brmkerhoff,
Aaron V. Brown, William J. Brown, Burke, Burt, Cald-
well, Campbell, Catlm, Reuben Chapman, Chappell, Clin-
ton, Cobb, Cranston, Cullom, Richard I) Davis, John \V.
Davis, Dawson, Dromgoole, Dunlap, Elmer, Foster, French,
Byram Green, Hamlin, Hammett, Haralson, Hays, Herrick,
Holmes, Hoge, Hopkins, Houston, Hubbell, Hughes, Hun-
gerford, James B. Hunt, Charles J. Ingersoll. Jameson,
ave Johnson, George W. Jones, Preston King, Kiik-
patrick, Labranche, Lewis, Luca:>, Lumpkin, L\on, Mc-
Causlen, Maclay' McClernand, McConnell, McDowell. Mc-
Kay, Moore, Joseph Morns, Murphy, Payne, Pratt. Purdy,
Rathbun, David S. Ileid, Reding, ilitter, Roberts, Robinson,
at. John, Saunders, Thomas II Seymour, Slidell, Thomas
Smith, Robert Smith, Stetson, John Stewart, Stone. Sjkes,
Taylor, Thompson, Tibbatts, Tucker, Weller, Wentworth,
Wheaton. Williams, VVoodw ard, William Wright, and Jo-
seph A. Wright—03
NAYS—Messrs. Abbott, Adams. Ashe, Baker, Barrin-
ger, Barnard, Milton Brown, Jeremiah Brown. Buffington,
Cary, Carroll, Causin, Chilton, Clinch, Clinginan. Collamer,
Dana, Garret Davis, Debeiry, Dickinson, Dillingham, Fish,
Foot, Giddings, Willis Gicen, Grinnell, Grider, Hale,
Harper, Henley, Hudson, Washington Hunt, Joseph R. In.
gers>oll, Jenks/PtJiley B. Johnson, John P. Kennedy, Daniel
P King, McClelland, Mcllviune, Marsh, E. J. Morris, Morse,
Newton, Owen, Parmenter, Patteison, Peyton, Elisha R.
Potter, Almon H. Read, Rockwell, Rodney, Rogers, Sam-
ple, Schenck, Senter, Severance, David L. Seymour, Albert
Smith, John T. Smith, Caleb B. Smith, Andrew Stewart,
Summers, Tilden, Tyler, Vance, Vmton, Wethered, Win-
throp, and Yost—70.
So the resolution was laid on the table,
On motion of Mr. VINTON.
Resolved, That the Committee on the Judiciary
be instructed to inquire into the expediency and pro-
priety of amending the law, so as to regulate and re-
duce the taxable costs and fees in admiralty cases
in the courts of the United States.
Mr. GIDDINGS asked the clerk to read the
notice sometime since gave of a motion to amend
the 23d rule of the House.
The CLERK read it accordingly, as follows:
"Mr. Giddings gave notice that on to-morrow,
or some subsequent day, he would move the follow-
ing amendment to the 23d rule of the House: Pro-
vided, Nothing herein contained shall be so con-
straed as to prohibit the reception of any petition,
memorial, resolution, or other paper, seeking the
repeal of any existing act of Congress heretofore
During the reading, Mr. McCONNELL, and
others, were heard to say they objected.
Mr. GIDDINGS said he offered that resolution;
and upon it he called for the yeas and nays.
Mr. McCONNELL said it was not in order for
the gentleman to move the previous question, for he
had objected while the resolution was being read.
Mr. PAYNE, also, said his colleague had objected
long before the previous question was moved.
Mr. GIDDINGS said perhaps the Speaker would
not decide the question until the facts of the case
were stated.
Mr. PAYNE rose to a point of order. His col-
league [Mr. McConnell] objected to the resolution
before the previous question was called for, and
therefore it must go over under the rule; and he sub-
mitted that it was not in order for the gentleman
from Ohio to go on to discuss the question.
Mr. GIDDINGS said he wished to correct the
grntleman from Alabama, [Mr. Payne,] and ho
would state the facts. He was proceeding, when
Mr. CAMPBELL interposed, and said if the gen-
tleman from Ohio had moved the previous question,
it would cut off his own explanation of the facts.
The SPEAKER explained. He was understood
to say that the gentleman from Ohio rose and called
for the reading of his notice, and after it was
read, he still retained the floor, and no other gen-
tleman having been recognised, he moved the previ-
ous question.
Mr. J. CAMPBELL said, to alter a standing
rule of the House required one day's notice.
The SPEAKER replied that such notice had
been given.
Mr. CAMPBELL inquired if the journal showed
The Clerk said the notice was given, and entered
in the month of December.
Mr. CAMPBELL said that was before the rules^
were adopted; and he wished, therefore, to know if
that notice applied to the present rules.
Mr. WINTHROP suggested that, if the previous
question had been renewed, it would cut off the re-
marks of the gentleman from South Carolina.
The SPEAKER was understood to say that the
notice was in order.
Mr. DROMGOOLE moved to lay the resolution
on the table.
Mr. WELLER hoped the gentleman from Vir-
ginia would withdraw that motion; for, if the House
refused to second the demand for the previous ques-
tion, it would go over as debatable.
Mr. DROMGOOLE withdrew his motion.
Mr. CAMPBELL also intimated that he would
not press the point which he had raised. -
Mr. GIDDINGS called for tellers 011 seconding
the demand for the previous question; and Messrs.
Grinnell and Houston were appointed. They re-
ported 46 in the affirmative, and 77 in the negative.
So there was no second.
Mr. RAYNER and Mr. RATHBUN rose simul-
taneously. The former inquired if it was m order
to move to lay the resolution on the table; and the
latter objected to the resolution.
Mr. RAYNER said it was not in order for the
gentleman from New York [Mr. Rathbun] thus to
take the floor from him. He then moved to lay the
resolution on the table.
Mr. WELLER objected to the resolution being
considered in any way; and he insisted that it must
necessarily go over.
Mr. RAYNER again urged his motion to lay on
the table.
The SPEAKER was understood to say that, if
objected to, it must go over, under the rule.
Mr. MOORE offered the following:
Resolved, That the House proceed to the consider-
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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/m1/392/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.