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1ST SESS.]

Mr. McLane, of Maryland

Mr. Clingman..

DEBATES OF CONGRESS.

Rev. Theobald Mathew.

[DECEMBER, 1849.

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Mr. Julian.

4

Mr. Outlaw

Mr. McLanahan

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Mr. Robinson

3

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Mr. Stevens, of Pennsylvania

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Mr., Outlaw

Mr. McLane, of Maryland.

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No choice.

The roll was then called the fifty-third time, when the tellers reported that the whole number of votes given was 223; necessary to a choice 112; of which

Mr. Winthrop received
Mr. Boyd

Mr. McClernand

Mr. Potter

Mr. Disney

Mr. Howell Cobb

Mr. Julian.

Mr. Morehead

Mr. Robinson

Mr. Robert M. McLane

Mr. Thaddeus Stevens

Mr. Outlaw

Mr. E. C. Cabell

Mr. Baker

Mr. A. H. Stephens

No choice.

97

57

18

10

9

8

3

1277

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Mr. Strong

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Mr. Cobb, of Georgia.

Mr. Morehead

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Mr. SAVAGE sent to the Clerk's table the following resolution, which was read:

Resolved, That if the House fail to elect a Speaker during the present day, it will, upon its meeting tomorrow, apply to its proceedings, as far as practicable, the principle embodied in the 12th article of the Amendments to the Constitution of the United States, prescribing the mode of electing a President and Vice President.

Resolved, That the House will upon the calling of the roll, cast its vote for Speaker; and if no person shall have a majority of all the votes, then from the persons having the highest number, (not exceeding three in the list of those voted for,) the House shall proceed to choose its Speaker; and if the three persons on the last vote should be voted for, and neither of them should have a majority of all the votes, then the House shall choose its Speaker, by another vote, from the two highest on

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Mr. Robinson

Mr. Outlaw

Mr. McLanahan.

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Mr. BAKER rose and said, that he held in his hand a resolution which he desired to offer, and which, he was sure, would receive the unanimous assent of this House. He would send it to the Clerk's table to be read.

The resolution was then read by the Clerk in the following words:

Resolved, That the Rev. Father MATHEW be respectfully invited to take a seat upon the floor of this House.

Mr. GIDDINGS asked that the resolution might be again read; and the resolution having been read accordingly

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SATURDAY, December 22.

Election of Speaker-Mr. Stanton's Resolution. Mr. STANTON, of Tennessee, now rose and called for the reading of the proposition which he had submitted.

The proposition having been read in the words following:

Resolved, That the House will proceed immediately to the election of a Speaker, viva voce; and if, after the roll shall have been called three times, no member shall have received a majority of the whole number of votes, the roll shall again be called, and the member who shall then receive the largest number of votes, provided it be a majority of a quorum, shall be declared to be chosen Speaker: Mr. HOLMES moved that it be laid upon the table.

And the question, "Shall these propositions be laid upon the table?" was then taken and decided in the negative-yeas 94, nays 124.

So the House decided that the two propositions should not be laid on the table.

The question then recurred on the original proposition of Mr. STANTON.

The CLERK proceeded with the call of the roll, which having been completed the vote was announced-yeas 113, nays 106.

So the original proposition of Mr. STANTON was adopted.

Election of Speaker Consummated. There was now a general demand over the House that the roll be called.

Mr. STANLY rose and said: Mr. Clerk, with the permission of the House, I wish to make a statement relating to myself. After the adoption of this resolution-which I earnestly hope will lead to an organization-I presume, of course, it is desirable that the members of each party should vote for their respective favorites. The other side have their favorite, and we have ours, and all who wish an organization will vote for some gentleman of whose election we can have a reasonable hope. most respectfully but earnestly express the wish that no gentleman will vote for me, but that they will all, for the sake of their country, give their votes for him who is decidedly the favorite of the Whig party, as I shall.

I

The House again proceeded to vote vica voce for the election of Speaker.

Messrs. VENABLE of North Carolina, HENRY of Vermont, and VAN DYKE of New Jersey, resumed their seats at the Clerk's table as tellers to count the votes.

Mr. Morehead

Mr. Strong

Mr. E. C. Cabell

Mr. McGaughey.
Mr. Potter

Mr. Boyd
Mr. Bowie
Mr. Durkee

No choice.

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DECEMBER, 1849.]

The President's Message.

[31ST CONQ

the tellers, checking the votes, and announcing, | this House by its own order and action, within a distinct and audible voice, as a vote was out any resolution. added to the name of Mr. WINTHROP or Mr. COBB, the aggregate number of votes which either had received.

(When the name of Mr. J. CABLE was called, that gentleman rose and said: Under protest, I vote for HoWELL COBB.)

(Great disorder, and cries "Go on with the roll.")

The call of the roll having been at length completed, the vote was announced, yeas 149, nays 34.

So the resolution was adopted.

(When the name of Mr. HARLAN was called, The CLERK then read the resolution, and Mr. H. rose, and was understood to say that requested Mr. WINTHROP of Massachusetts and from conversations he had heard on this floor, Mr. McDOWELL of Virginia to conduct the from personal conversations, and from a Speaker to the chair. knowledge of the qualifications of the two gentlemen he inclined to the belief that, as it was now reduced to a certainty that one of the two would be elected, it would be safe for him to cast his vote for HOWELL COBB. He therefore did so.)

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The aggregate result was now announced by Mr. VAN DYKE on the part of the tellers-who added, that HOWELL COBB having received 102 votes, had received the largest number cast for any gentleman for whom votes had been given.

Mr. STANLY rose and said: I have risen to offer a resolution to consummate the work of organization, which I trust in God is now so near its completion. I, therefore, send to the Clerk's table this resolution,

The two gentlemen designated proceeded to discharge this duty, Mr. WINTHROP approaching Mr. COBB with much good humor, and shaking hands cordially with him.

Mr. COBB was thereupon conducted to the chair and took his seat.

After a moment's pause, the Speaker rose and addressed the House as follows: Gentlemen of the House of Representatives:

It would be useless to disguise the fact that I feel deeply embarrassed in taking this chair under the circumstances attending my election.

I am conscious of the difficulties by which this position is surrounded at the present time.

The peculiar organization of this body, as exhibited in our proceedings since we first met-the nature and character of the various important and exciting questions of public policy which will engage our attention during the present session of Congress-conspire to render the duties of the office peculiarly embarrassing, onerous, and respon

sible.

I may be permitted, therefore, to ask in advance your generous aid and support in the effort I shall make, firmly, faithfully, and impartially, to discharge its duties.

Our duties

The country has been looking with anxiety to our efforts to effect an organization. The people will continue to regard with intense interest every will be laborious, our responsibilities great. Let step we take in our legislative course. us, then, in view of these considerations, invoke, in the discharge of these duties, a patriotism as broad as the Union, and as comprehensive as the The resolution of Mr. STANLY was then read nature and character of her various interests and in the following words:

Resolved, That the Hon. HOWELL COBB, a Representative from the State of Georgia, be declared duly elected Speaker of the House for the Thirtyfirst Congress.

The resolution having been read

Mr. Rooт said, I desire the question to be

taken by yeas and nays.

Mr. STANLY. Well, sir; agreed.

institutions. Guided by this spirit, under the blessing of Heaven, our action will result in the continued prosperity of our common country.

Accept, gentlemen, my grateful acknowledgments for the honor you have confered on me in selecting me as your presiding officer during the present Congress.

President's Message.

Mr. VINTON. Mr. Speaker, the annual comThe CLERK stated the question to be on or- munication from the Executive has so long been dering the yeas and nays.

(Great confusion in the Hall.) The CLERK put the question, and declared that the yeas and nays had been ordered by the House.

The CLERK proceeded to call the roll, and one or two members had answered to their names, when

Mr. SCHENCK interposed with the remark, I say that HOWELL COBB is now the Speaker of

delayed that the country, as a matter of course, is very desirous of knowing what it is. For the purpose, therefore, of preparing the way for offering the customary resolution informing the Senate that this House is organized, and the President that both Houses are organized, and ready to receive any communication from him, I move that the Chair now proceed to swear in the members of this House.

1ST SESS.]

The President's Message.

[DECEMBER, 1849.

The SPEAKER. That will be done without of the United States with their cargoes, and our the necessity for a motion.

The CLERK. Mr. Linn Boyd, a Representative from Kentucky, and the oldest consecutive member of the House, will please administer the oath of office to the Speaker elect.

The SPEAKER accordingly descended from his seat, and took the oath to support the Constitution of the United States, administered by Mr. BOYD.

And the House adjourned.

MONDAY, December 24. The Message.

A Message in writing was received from the President of the United States by the hands of Col. W. W. S. BLISS, his Private Secretary.

The SPEAKER said if there was no objection the Chair would lay the message before the House.

No objection having been made, the Message was read, as follows: Fellow-Citizens of the Senate

and House of Representatives : Sixty years have elapsed since the establishment of this Government, and the Congress of the United States again assembles, to legislate for an empire of freemen. The predictions of evil prophets, who formerly pretended to foretell the downfall of our institutions, are now remembered only to be derided, and the United States of America, at this moment, present to the world the most stable and permanent government on earth.

Such is the result of the labors of those who have gone before us. Upon Congress will eminently depend the future maintenance of our system of free government, and the transmission of it, unimpaired, to posterity.

We are at peace with all the nations of the world, and seek to maintain our cherished relations of unity with them. During the past year we have been blessed, by a kind Providence, with an abundance of the fruits of the earth; and, although the destroying angel, for a time, visited extensive portions of our territory with the ravages of a dreadful pestilence, yet the Almighty has at length deigned to stay his hand, and to restore the inestimable blessing of general health to a people who have acknowledged his power, deprecated his wrath, and implored his merciful protection.

While enjoying the benefits of amicable intercourse with foreign nations, we have not been insensible to the distractions and wars which have prevailed in other quarters of the world. It is a proper theme of thanksgiving to Him who rules the destinies of nations, that we have been able to maintain, amidst all these contests, an independent and neutral position towards all belligerent Powers. Our relations with Great Britain are of the most friendly character. In consequence of the recent alteration of the British navigation acts, British vessels, from British and other foreign ports, will, (under our existing laws,) after the first day of January next, be admitted to entry in our ports, with cargoes of the growth, manufacture, or production of any part of the world, on the same terms, as to duties, imposts, and charges, as vessels

vessels will be admitted to the same advantages in British ports, entering therein on the same terms as British vessels. Should no order in council disturb this legislative arrangement, the late act of the British Parliament, by which Great Britain is brought within the terms proposed by the act of Congress of the 1st of March, 1817, it is hoped, will be pro

ductive of benefit to both countries.

A slight interruption of diplomatic intercourse, which occurred between this Government and France, I am happy to say has been terminated, and our minister there has been received. It is, therefore, unnecessary to refer now to the circumstances which led to that interruption. I need not express to you the sincere satisfaction with which we shall welcome the arrival of another Envoy Extraordinary and Minister Plenipotentiary from a sister republic, to which we have so long been, and still remain, bound by the strongest ties of amity.

Shortly after I had entered upon the discharge of the Executive duties, I was apprised that a war steamer, belonging to the German Empire, was being fitted out in the harbor of New York, with the aid of some of our naval officers, rendered under the permission of the late Secretary of the Navy. This permission was granted during an armistice between that empire and the Kingdon of Denmark, which had been engaged in the Schleswig-Holstein war. Apprehensive that this act of intervention on our part, might be viewed as a violation of our neutral obligations, incurred by the treaty with Denmark, and of the provisions of the act of Congress of the 20th of April, 1818, I directed that no further aid should be rendered by any agent or officer of the Navy, and I instructed the Secretary of State to apprise the Minister of the German Empire accredited to this Government, of my determination to execute the law of the United States, and to maintain the faith of treaties with all nations. The correspondence which ensued between the Department of State and the Minister of the German Empire, is herewith laid before you. The execution of the law and the observance of the treaty were deemed by me to be due to the honor of the country, as well as to the sacred obligations of the constitution. I shall not fail to pursue the same course, should a similar case arise, with any other nation. Having avowed the opinion, on taking the oath of office, that, in disputes between conflicting foreign governments, it is our interest, not less than our duty, to remain strictly neutral, I shall not abandon it. You will perceive, from the correspondence submitted to you, in connection with this subject, that the course adopted in this case has been properly regarded by the belligerent Powers interested in the matter.

Although a Minister of the United States to the German Empire was appointed by my predecessor, in August, 1848, and has for a long time been in attendance at Frankfort-on-the-Main, and although a minister appointed to represent that empire was received and accredited here, yet no such government as that of the German Empire has been definitively constituted. But Mr. Donelson, our representative at Frankfort, remained there several months, in the expectation that a union of the German States, under one constitution or form of government, might at length be organized. It is believed, by those well acquainted with the existing

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