INSTITUTION OF THE HOUR RULE IN DEBATE IN THE HOUSE OF REPRESENTATIVES: ITS ATTEMPT, AND REPULSE IN THE SENATE.
This session is remarkable for the institution of the hour rule in the House of Representatives—the largest limitation upon the freedom of debate which any deliberative assembly ever imposed upon itself, and presents an eminent instance of permanent injury done to free institutions in order to get rid of a temporary annoyance. It was done at a time when the party, called whig, was in full predominance in both Houses of Congress, and in the impatience of delay in the enactment of their measures. It was essentially a whig measure—though with exceptions each way—the body of the whigs going for it; the body of the democracy against it—several eminent whigs voting with them: Mr. John Quincy Adams, William C. Dawson, James A. Pearce, Kenneth Rayner, Edward Stanly, Alexander H. H. Stuart, Edward D. White and others. Mr. Lott Warren moved the rule as an amendment to the body of the rules; and, in the same moment, moved the previous question: which was carried. The vote was immediately taken, and the rule established by a good majority—only seventy-five members voting against it. They were:
Messrs. John Quincy Adams, Archibald H. Arrington, Charles G. Atherton, Linn Banks, Daniel D. Barnard, John M. Botts, Samuel S. Bowne, Linn Boyd, David P. Brewster, Aaron V. Brown, Edmund Burke, Barker Burnell, Green W. Caldwell, John Campbell, Robert L. Caruthers, George B. Cary, Reuben Chapman, James G. Clinton, Walter Coles, John R. J. Daniel, Wm. C. Dawson, Ezra Dean, Andrew W. Doig, Ira A. Eastman, Horace Everett, Charles G. Ferris, John G. Floyd, Charles A. Floyd, William O. Goode, Samuel Gordon, Samuel L. Hays, George W. Hopkins, Jacob Houck, jr., Edmund W. Hubard, Charles Hudson, Hiram P. Hunt, William W. Irwin, William Jack, Cave Johnson, John W. Jones, George M. Keim, Andrew Kennedy, Thomas Butler King, Dixon H. Lewis, Nathaniel S. Littlefield, Joshua A. Lowell, Abraham McClellan, Robert McClellan, James J. McKay, Francis Mallory, Alfred Marshall, Samson Mason, John Thompson Mason, John Miller, Peter Newhard, William Parmenter, William W. Payne, James A. Pearce, Francis W. Pickens, Kenneth Rayner, John R. Reding, Lewis Riggs, Romulus M. Saunders, William Slade, John Snyder, Augustus R. Sollers, James C. Sprigg, Edward Stanly, Lewis Steenrod, Alexander H. H. Stuart, Hopkins L. Turney, Aaron Ward, John Westbrook, Edward D. White, Joseph L. Williams.
The Roman republic had existed four hundred and fifty years, and was verging towards its fall under the first triumvirate—(Cæsar, Pompey, and Crassus)—before pleadings were limited to two hours before the Judices Selecti. In the Senate the speeches of senators were never limited at all; but even the partial limitation then placed upon judicial pleadings, but which were, in fact, popular orations, drew from Cicero an affecting deprecation of its effect upon the cause of freedom, as well as upon the field of eloquence. The reader of the admired treatise on oratory, and notices of celebrated orators, will remember his lamentation—as wise in its foresight of evil consequences to free institutions, as mournful and affecting in its lamentation over the decline of oratory. Little could he have supposed that a popular assembly should ever exist, and in a country where his writings were read, which would voluntarily impose upon itself a far more rigorous limitation than the one over which he grieved. Certain it is, that with our incessant use of the previous question, which cuts off all debate, and the hour rule which limits a speech to sixty minutes (constantly reduced by interruptions); and the habit of fixing an hour at which the question shall be taken, usually brief, and the intermediate little time not secure for that question: with all these limitations upon the freedom of debate in the House, certain it is that such an anomaly was never seen in a deliberative assembly, and the business of a people never transacted in the midst of such ignorance of what they are about by those who are doing it.
No doubt the license of debate has been greatly abused in our halls of Congress—as in those of the British parliament: but this suppression of debate is not the correction of the abuse, but the destruction of the liberty of speech: and that, not as a personal privilege, but as a representative right, essential to the welfare of the people. For fifty years of our government there was no such suppression: in no other country is there the parallel to it. Yet in all popular assemblies there is an abuse in the liberty of speech, inherent in the right of speech, which gives to faction and folly the same latitude as to wisdom and patriotism. The English have found the best corrective: it is in the House itself—its irregular power: its refusal to hear a member further when they are tired of him. A significant scraping and coughing warns the annoying speaker when he should cease: if the warning is not taken, a tempest drowns his voice: when he appeals to the chair, the chair recommends him to yield to the temper of the House. A few examples reduce the practice to a rule—insures its observance; and works the correction of the abuse without the destruction of debate. No man speaking to the subject, and giving information to the House, was ever scraped and coughed down, in the British House of Commons. No matter how plain his language, how awkward his manner, how confused his delivery, so long as he gives information he is heard attentively; while the practice falls with just, and relentless effect upon the loquacious members, who mistake volubility for eloquence, who delight themselves while annoying the House—who are insensible to the proprieties of time and place, take the subject for a point to stand on: and then speak off from it in all directions, and equally without continuity of ideas or disconnection of words. The practice of the British House of Commons puts an end to all such annoyance, while saving every thing profitable that any member can utter.
The first instance of enforcing this new rule stands thus recorded in the Register of Debates:
"Mr. Pickens proceeded, in the next place to point out the items of expenditure which might, without the least injury to the interests of the government or to the public service, suffer retrenchment. He quoted the report of the Secretary of the Treasury of December 9, 1840; from it he took the several items, and then stated how much, in his opinion, each might be reduced. The result of the first branch of this reduction of particulars was a sum to be retrenched amounting to $852,000. He next went into the items of pensions, the Florida war, and the expenditures of Congress; on these, with a few minor ones in addition, he estimated that there might, without injury, be a saving of four millions. Mr. P. had gotten thus far in his subject, and was just about to enter into a comparison of the relative advantages of a loan and of Treasury notes, when
"The Chair here reminded Mr. Pickens that his hour had expired.
"Mr. Pickens. The hour out?
"The Chair. Yes, sir.
"Mr. Pickens. [Looking at his watch.] Bless my soul! Have I run my race?
"Mr. Holmes asked whether his colleague had not taken ten minutes for explanations?
"Mr. Warren desired that the rule be enforced.
"Mr. Pickens denied that the House had any constitutional right to pass such a rule.
"The Chair again reminded Mr. Pickens that he had spoken an hour.
"Mr. Pickens would, then, conclude by saying it was the most infamous rule ever passed by any legislative body.
"Mr. J. G. Floyd of New York, said the gentleman had been frequently interrupted, and had, therefore, a right to continue his remarks.
"The Chair delivered a contrary opinion.
"Mr. Floyd appealed from his decision.
"The Chair then rose to put the question, whether the decision of the Chair should stand as the judgment of the House? when
"Mr. Floyd withdrew his appeal.
"Mr. Dawson suggested whether the Chair had not possibly made a mistake with respect to the time.
"The Chair said there was no mistake.
"Mr. Pickens then gave notice that he would offer an amendment.
"The Chair remarked that the gentleman was not in order.
"Mr. Pickens said that if the motion to strike out the enacting clause should prevail, he would move to amend the bill by introducing a substitute, giving ample means to the Treasury, but avoiding the evils of which he complained in the bill now under consideration."
The measure having succeeded in the House which made the majority master of the body, and enabled them to pass their bills without resistance or exposure, Mr. Clay undertook to do the same thing in the Senate. He was impatient to pass his bills, annoyed at the resistance they met, and dreadfully harassed by the species of warfare to which they were subjected; and for which he had no turn. The democratic senators acted upon a system, and with a thorough organization, and a perfect understanding. Being a minority, and able to do nothing, they became assailants, and attacked incessantly; not by formal orations against the whole body of a measure, but by sudden, short, and pungent speeches, directed against the vulnerable parts; and pointed by proffered amendments. Amendments were continually offered—a great number being prepared every night, and placed in suitable hands for use the next day—always commendably calculated to expose an evil, and to present a remedy. Near forty propositions of amendment were offered to the first fiscal agent bill alone—the yeas and nays taken upon them seven and thirty times. All the other prominent bills—distribution, bankrupt, fiscal corporation—new tariff act, called revenue—were served the same way. Every proposed amendment made an issue, which fixed public attention, and would work out in our favor—end as it might. If we carried it, which was seldom, there was a good point gained: if we lost it, there was a bad point exposed. In either event we had the advantage of discussion, which placed our adversaries in the wrong; and the speaking fact of the yeas and nays—which told how every man was upon every point. We had in our ranks every variety of speaking talent, from plain and calm up to fiery and brilliant—and all matter-of-fact men—their heads well stored with knowledge. There were but twenty-two of us; but every one a speaker, and effective. We kept their measures upon the anvil, and hammered them continually: we impaled them against the wall, and stabbed them incessantly. The Globe newspaper was a powerful ally (Messrs. Blair and Rives); setting off all we did to the best advantage in strong editorials—and carrying out our speeches, fresh and hot, to the people: and we felt victorious in the midst of unbroken defeats. Mr. Clay's temperament could not stand it, and he was determined to silence the troublesome minority, and got the acquiescence of his party, and the promise of their support: and boldly commenced his operations—avowing his design, at the same time, in open Senate.
It was on the 12th day of July—just four days after the new rule had been enforced in the House, and thereby established (for up to that day, it was doubtful whether it could be enforced)—that Mr. Clay made his first movement towards its introduction in the Senate; and in reply to Mr. Wright of New York—one of the last men in the world to waste time in the Senate, or to speak without edification to those who would listen. It was on the famous fiscal bank bill, and on a motion of Mr. Wright to strike out the large subscription reserved for the government, so as to keep the government unconnected with the business of the bank. The mover made some remarks in favor of his motion—to which Mr. Clay replied: and then went on to say:
"He could not help regarding the opposition to this measure as one eminently calculated to delay the public business, with no other object that he could see than that of protracting to the last moment the measures for which this session had been expressly called to give to the people. This too was at a time when the whole country was crying out in an agony of distress for relief."
These remarks, conveying a general imputation upon the minority senators of factious conduct in delaying the public business, and thwarting the will of the people, justified an answer from any one of them to whom it was applicable: and first received it from Mr. Calhoun.
Mr. Calhoun was not surprised at the impatience of the senator from Kentucky, though he was at his attributing to this side of the chamber the delays and obstacles thrown in the way of his favorite measure. How many days did the senator himself spend in amending his own bill? The bill had been twelve days before the Senate, and eight of those had been occupied by the friends of the bill. That delay did not originate on this side of the House; but now that the time which was cheerfully accorded to him and his friends is to be reciprocated, before half of it is over, the charge of factious delay is raised. Surely the urgency and impatience of the senator and his friends cannot be so very great that the minority must not be allowed to employ as many days in amending their bill as they took themselves to alter it. The senator from Kentucky says he is afraid, if we go on in this way, we will not get through the measures of this session till the last of autumn. Is not the fault in himself, and in the nature of the measures he urges so impatiently? These measures are such as the senators in the minority are wholly opposed to on principle—such as they conscientiously believe are unconstitutional—and is it not then right to resist them, and prevent, if they can, all invasions of the constitution? Why does he build upon such unreasonable expectations as to calculate on carrying measures of this magnitude and importance with a few days of hasty legislation on each? What are the measures proposed by the senator? They comprise the whole federal system, which it took forty years, from 1789 to 1829, to establish—but which are now, happily for the country, prostrate in the dust. And it is these measures, fraught with such important results that are now sought to be hurried through in one extra session; measures which, without consuming one particle of useless time to discuss fully, would require, instead of an extra session of Congress, four or five regular sessions. The senator said the country was in agony, crying for "action," "action." He understood whence that cry came—it came from the holders of State stocks, the men who expected another expansion, to relieve themselves at the expense of government. "Action"—"action," meant nothing but "plunder," "plunder," "plunder;" and he assured the gentleman, that he could not be more anxious in urging on a system of plunder than he (Mr. Calhoun) would be in opposing it. He so understood the senator, and he inquired of him, whether he called this an insidious amendment?
This was a sharp reply, just in its retort, spirited in its tone, judicious in expanding the basis of the new debate that was to come on; and greatly irritated Mr. Clay. He immediately felt that he had no right to impeach the motives of senators, and catching up Mr. Calhoun on that point, and strongly contesting it, brought on a rapid succession of contradictory asseverations: Thus:
"Mr. Clay. I said no such thing, sir; I did not say any thing about the motives of senators.
"Mr. Calhoun said he understood the senator's meaning to be that the motives of the opposition were factious and frivolous.
"Mr. Clay. I said no such thing, sir.
"Mr. Calhoun. It was so understood.
"Mr. Clay. No, sir; no, sir.
"Mr. Calhoun. Yes, sir, yes; it could be understood in no other way.
"Mr. Clay. What I did say, was, that the effect of such amendments, and of consuming time in debating them, would be a waste of that time from the business of the session; and, consequently, would produce unnecessary delay and embarrassment. I said nothing of motives—I only spoke of the practical effect and result.
"Mr. Calhoun said he understood it had been repeated for the second time that there could be no other motive or object entertained by the senators in the opposition, in making amendments and speeches on this bill, than to embarrass the majority by frivolous and vexatious delay.
"Mr. Clay insisted that he made use of no assertions as to motives.
"Mr. Calhoun. If the senator means to say that he does not accuse this side of the House of bringing forward propositions for the sake of delay, he wished to understand him.
"Mr. Clay. I intended that.
"Mr. Calhoun repeated that he understood the senator to mean that the senators in the opposition were spinning out the time for no other purpose but that of delaying and embarrassing the majority.
"Mr. Clay admitted that was his meaning, though not thus expressed."
So ended this keen colloquy in which the pertinacity, and clear perceptions of Mr. Calhoun brought out the admission that the impeachment of motives was intended, but not expressed. Having got this admission Mr. Calhoun went on to defy the accusation of faction and frivolity, and to declare a determination in the minority to continue in their course; and put a peremptory question to Mr. Clay.
"Mr. Calhoun observed that to attempt, by such charges of factious and frivolous motives, to silence the opposition, was wholly useless. He and his friends had principles to contend for that were neither new nor frivolous, and they would here now, and at all times, and in all places, maintain them against those measures, in whatever way they thought most efficient. Did the senator from Kentucky mean to apply to the Senate the gag law passed in the other branch of Congress? If he did, it was time he should know that he (Mr. Calhoun), and his friends were ready to meet him on that point."
This question, and the avowed readiness to meet the gagging attempt, were not spoken without warrant. The democratic senators having got wind of what was to come, had consulted together and taken their resolve to defy and to dare it—to resist its introduction, and trample upon the rule, if voted: and in the mean time to gain an advantage with the public by rendering odious their attempt. Mr. Clay answered argumentatively for the rule, and that the people were for it:
"Let those senators go into the country, and they will find the whole body of the people complaining of the delay and interruption of the national business, by their long speeches in Congress; and if they will be but admonished by the people, they will come back with a lesson to cut short their debating, and give their attention more to action than to words. Who ever heard that the people would be dissatisfied with the abridgment of speeches in Congress? He had never heard the shortness of speeches complained of. Indeed, he should not be surprised if the people would got up remonstrances against lengthy speeches in Congress."
With respect to the defiance, Mr. Clay returned it, and declared his determination to bring forward the measure.
"With regard to the intimation of the gentleman from South Carolina [Mr. Calhoun], he understood him and his course perfectly well, and told him and his friends that, for himself, he knew not how his friends would act; he was ready at any moment to bring forward and support a measure which should give to the majority the control of the business of the Senate of the United States. Let them denounce it as much as they pleased in advance: unmoved by any of their denunciations and threats, standing firm in the support of the interests which he believed the country demands, for one, he was ready for the adoption of a rule which would place the business of the Senate under the control of a majority of the Senate."
Mr. Clay was now committed to bring forward the measure; and was instantly and defyingly invited to do so.
"Mr. Calhoun said there was no doubt of the senator's predilection for a gag law. Let him bring on that measure as soon as ever he pleases.
"Mr. Benton. Come on with it."
Without waiting for any thing further from Mr. Clay, Mr. Calhoun proceeded to show him, still further, how little his threat was heeded and taunted him with wishing to revive the spirit of the alien and sedition laws:
"Mr. Calhoun said it must be admitted that if the senator was not acting on the federal side, he would find it hard to persuade the American people of the fact, by showing them his love of gag laws, and strong disposition to silence both the national councils and the press. Did he not remember something about an alien and sedition law, and can he fail to perceive the relationship with the measure he contemplates to put down debate here? What is the difference, in principle, between his gag law and the alien and sedition law? We are gravely told that the speaking of the representatives of the people, which is to convey to them full information on the subjects of legislation in their councils, is worse than useless, and must be abated. Who consumed the time of last Congress in long speeches, vexatious and frivolous attempts to embarrass and thwart the business of the country, and useless opposition, tending to no end but that out of doors, the presidential election? Who but the senator and his party, then in the minority? But now, when they are in the majority, and the most important measures ever pressed forward together in one session, he is the first to threaten a gag law, to choke off debate, and deprive the minority even of the poor privilege of entering their protest."
Of all the members of the Senate, one of the mildest and most amicable—one of the gentlest language, and firmest purpose—was Dr. Linn, of Missouri. The temper of the minority senators may be judged by the tone and tenor of his remarks.
"He (Mr. Linn) would for his part, make a few remarks here, and in doing so he intended to be as pointed as possible, for he had now, he found, to contend for liberty of speech; and while any of that liberty was left, he would give his remarks the utmost bounds consistent with his own sense of what was due to himself, his constituents, and the country. The whigs, during the late administration, had brought to bear a system of assault against the majority in power, which might justly be characterized as frivolous and vexatious, and nothing else; yet they had always been treated by the majority with courtesy and forbearance; and the utmost latitude of debate had been allowed them without interruption. In a session of six months, they consumed the greater part of the time in speeches for electioneering effect, so that only twenty-eight bills were passed. These electioneering speeches, on all occasions that could be started, whether the presentation of a petition, motion, or a resolution, or discussion of a bill, were uniformly and studiously of the most insulting character to the majority, whose mildest form of designation was "collar men;" and other epithets equally degrading. How often had it been said of the other branch of Congress, "What could be expected from a House so constituted?" Trace back the course of that party, step by step, to 1834, and it may be tracked in blood. The outrages in New York in that year are not forgotten. The fierce and fiendish spirit of strife and usurpation which prompted the seizure of public arms, to turn them against those who were their fellow-citizens, is yet fresh as ever, and ready to win its way to what it aims at. What was done then, under the influence and shadow of the great money power, may be done again. He (Mr. Linn) had marked them, and nothing should restrain him from doing his duty and standing up in the front rank of opposition to keep them from the innovations they meditated. Neither the frown nor menace of any leader of that party—no lofty bearing, or shaking of the mane—would deter him from the fearless and honest discharge of those obligations which were due to his constituents and to the country. He next adverted to the conduct of the whig party when the sub-treasury was under discussion, and reminded the present party in power of the forbearance with which they had been treated, contrasting that treatment with the manifestations now made to the minority. We are now, said Mr. Linn in conclusion, to be checked; but I tell the senator from Kentucky, and any other senator who chooses to tread in his steps, that he is about to deal a double handed game at which two can play. He is welcome to try his skill. But I would expect that some on that side are not prepared to go quite so far; and that there is yet among them sufficient liberality to counterbalance political feeling, and induce them not to object to our right of spending as much time in trying to improve their bill as they have taken themselves to clip and pare and shape it to their own fancies."
Here this irritating point rested for the day—and for three days, when it was revived by the reproaches and threats of Mr. Clay against the minority.
"The House (he said) had been treading on the heels of the Senate, and at last had got the start of it a long way in advance of the business of this session. The reason was obvious. The majority there is for action, and has secured it. Some change was called for in this chamber. The truth is that the minority here control the action of the Senate, and cause all the delay of the public business. They obstruct the majority in the dispatch of all business of importance to the country, and particularly those measures which the majority is bound to give to the country without further delay. Did not this reduce the majority to the necessity of adopting some measure which would place the control of the business of the session in their hands? It was impossible to do without it: it must be resorted to."
To this Mr. Calhoun replied:
"The senator from Kentucky tells the Senate the other House has got before it. How has the other House got before the Senate? By a despotic exercise of the power of a majority. By destroying the liberties of the people in gagging their representatives. By preventing the minority from its free exercise of its right of remonstrance. This is the way the House has got before the Senate. And now there was too much evidence to doubt that the Senate was to be made to keep up with the House by the same means."
Mr. Clay, finding such undaunted opposition to the hour rule, replied in a way to let it be seen that the threat of that rule was given up, and that a measure of a different kind, but equally effective, was to be proposed; and would be certainly adopted. He said:
"If he did not adopt the same means which had proved so beneficial in the other House, he would have something equally efficient to offer. He had no doubt of the cheerful adoption of such a measure when it should come before the Senate. So far from the rule being condemned, he would venture to say that it would be generally approved. It was the means of controlling the business, abridging long and unnecessary speeches, and would be every way hailed as one of the greatest improvements of the age."
This glimpse of another measure, confirmed the minority in the belief of what they had heard—that several whig senators had refused to go with Mr. Clay for the hour rule, and forced him to give it up; but they had agreed to go for the previous question, which he held to be equally effective; and was, in fact, more so—as it cut off debate at any moment. It was just as offensive as the other. Mr. King, of Alabama, was the first to meet the threat, under this new form, and the Register of Debates shows this scene:
"Mr. King said the senator from Kentucky complained of three weeks and a half having been lost in amendments to his bill. Was not the senator aware that it was himself and his friends had consumed most of that time? But now that the minority had to take it up, the Senate is told there must be a gag law. Did he understand that it was the intention of the senator to introduce that measure?
"Mr. Clay. I will, sir; I will!
"Mr. King. I tell the senator, then, that he may make his arrangements at his boarding-house for the winter.
"Mr. Clay. Very well, sir.
"Mr. King was truly sorry to see the honorable senator so far forgetting what is due to the Senate, as to talk of coercing it by any possible abridgment of its free action. The freedom of debate had never yet been abridged in that body, since the foundation of this government. Was it fit or becoming, after fifty years of unrestrained liberty, to threaten it with a gag law? He could tell the senator that, peaceable a man as he (Mr. King) was, whenever it was attempted to violate that sanctuary, he, for one, would resist that attempt even unto the death."
The issue was now made up, and the determination on both sides declared—on the part of Mr. Clay, speaking in the name of his party, to introduce the previous question in the Senate, for the purpose of cutting off debate and amendments; on the part of the minority, to resist the rule—not only its establishment, but its execution. This was a delicate step, and required justification before the public, before a scene of resistance to the execution—involving disorder, and possibly violence—should come on. The scheme had been denounced, and defied; but the ample reasons against it had not been fully stated; and it was deemed best that a solid foundation of justification for whatever might happen, should be laid beforehand in a reasoned and considered speech. The author of this View, was required to make that speech; and for that purpose followed Mr. King.
"Mr. Benton would take this opportunity to say a word on this menace, so often thrown out, of a design to stifle debate, and stop amendments to bills in this chamber. He should consider such an attempt as much a violation of the constitution, and of the privileges of the chamber, as it would be for a military usurper to enter upon us, at the head of his soldiery, and expel us from our seats.
"It is not in order, continued Mr. B.—it is not in order, and would be a breach of the privilege of the House of Representatives, to refer to any thing which may have taken place in that House. My business is with our own chamber, and with the threat which has so often been uttered on this floor, during this extra session, of stifling debate, and cutting off amendments, by the introduction of the previous question.
"With respect to debates, senators have a constitutional right to speak; and while they speak to the subject before the House, there is no power any where to stop them. It is a constitutional right. When a member departs from the question, he is to be stopped: it is the duty of the Chair—your duty, Mr. President, to stop him—and it is the duty of the Senate to sustain you in the discharge of this duty. We have rules for conducting the debates, and these rules only require to be enforced in order to make debates decent and instructive in their import, and brief and reasonable in their duration. The government has been in operation above fifty years, and the freedom of debate has been sometimes abused, especially during the last twelve years, when those out of power made the two houses of Congress the arena of political and electioneering combat against the democratic administration in power. The liberty of debate was abused during this time; but the democratic majority would not impose gags and muzzles on the mouths of the minority; they would not stop their speeches; considering, and justly considering, that the privilege of speech was inestimable and inattackable—that some abuse of it was inseparable from its enjoyment—and that it was better to endure a temporary abuse than to incur a total extinction of this great privilege.
"But, sir, debate is one thing, and amendments another. A long speech, wandering off from the bill, is a very different thing from a short amendment, directed to the texture of the bill itself, and intended to increase its beneficial, or to diminish its prejudicial action. These amendments are the point to which I now speak, and to the nature of which I particularly invoke the attention of the Senate.
"By the constitution of the United States, each bill is to receive three readings, and each reading represents a different stage of proceeding, and a different mode of action under it. The first reading is for information only; it is to let the House know what the bill is for, what its contents are; and then neither debate nor amendment is expected, and never occurs, except in extraordinary cases. The second reading is for amendments and debate, and this reading usually takes place in Committee of the Whole in the House of Representatives, and in quasi committee in the Senate. The third reading, after the bill is engrossed, is for passage; and then it cannot be amended, and is usually voted upon with little or no debate. Now, it is apparent that the second reading of the bill is the important one—that it is the legislative—the law-making—reading; the one at which the collective wisdom of the House is concentrated upon it, to free it from defects, and to improve it to the utmost—to illustrate its nature, and trace its consequences. The bill is drawn up in a committee; or it is received from a department in the form of a projet de loi, and reported by a committee; or it is the work of a single member, and introduced on leave. The bill, before perfected by amendments, is the work of a committee, or of a head of a department, or of a single member; and if amendments are prevented, then the legislative power of the House is annihilated; the edict of a secretary, of a committee, or of a member, becomes the law; and the collected and concentrated wisdom and experience of the House has never been brought to bear upon it.
"The previous question cuts off amendments; and, therefore, neither in England nor in the United States, until now, in the House of Representatives, has that question ever been applied to bills in Committee of the Whole, on the second reading. This question annihilates legislation, sets at nought the wisdom of the House, and expunges the minority. It is always an invidious question, but seldom enforced in England, and but little used in the earlier periods of our own government. It has never been used in the Senate at all, never at any stage of the bill; in the House of Representatives it has never been used on the second reading of a bill, in Committee of the Whole, until the present session—this session, so ominous in its call and commencement, and which gives daily proof of its alarming tendencies, and of its unconstitutional, dangerous, and corrupting measures. The previous question has never yet been applied in this chamber; and to apply it now, at this ominous session, when all the old federal measures of fifty years ago are to be conglomerated into one huge and frightful mass, and rushed through by one convulsive effort; to apply it now, under such circumstances, is to muzzle the mouths, to gag the jaws, and tie up the tongues of those whose speeches would expose the enormities which cannot endure the light, and present to the people these ruinous measures in the colors in which they ought to be seen.
"The opinion of the people is invoked—they are said to be opposed to long speeches, and in favor of action. But, do they want action without deliberation, without consideration, without knowing what we are doing? Do they want bills without amendments—without examination of details—without a knowledge of their effect and operation when they are passed? Certainly the people wish no such thing. They want nothing which will not bear discussion. The people are in favor of discussion, and never read our debates with more avidity than at this ominous and critical extraordinary session. But I can well conceive of those who are against those debates, and want them stifled. Old sedition law federalism is against them: the cormorants who are whetting their bills for the prey which the acts of this session are to give them, are against them: and the advocates of these acts, who cannot answer these arguments, and who shelter weakness under dignified silence, they are all weary, sick and tired of a contest which rages on one side only, and which exposes at once the badness of their cause and the defeat of its defenders. Sir, this call for action! action! action! (as it was well said yesterday), comes from those whose cry is, plunder! plunder! plunder!
"The previous question, and the old sedition law, are measures of the same character, and children of the same parents, and intended for the same purposes. They are to hide light—to enable those in power to work in darkness—to enable them to proceed unmolested—and to permit them to establish ruinous measures without stint, and without detection. The introduction of this previous question into this body, I shall resist as I would resist its conversion into a bed of justice—Lit de Justice—of the old French monarchy, for the registration of royal edicts. In these beds of justice—the Parliament formed into a bed of justice—the kings before the revolution, caused their edicts to be registered without debate, and without amendment. The king ordered it, and it was done—his word became law. On one occasion, when the Parliament was refractory, Louis XIV. entered the chamber, booted and spurred—a whip in his hand—a horsewhip in his hand—and stood on his feet until the edict was registered. This is what has been done in the way of passing bills without debate or amendment, in France. But, in extenuation of this conduct of Louis the XIV., it must be remembered that he was a very young man when he committed this indiscretion, more derogatory to himself than to the Parliament which was the subject of the indignity. He never repeated it in his riper age, for he was a gentleman as well as a king, and in a fifty years' reign never repeated that indiscretion of his youth. True, no whips may be brought into our legislative halls to enforce the gag and the muzzle, but I go against the things themselves—against the infringement of the right of speech—and against the annihilation of our legislative faculties by annihilating the right of making amendments. I go against these; and say that we shall be nothing but a bed of justice for the registration of presidential, or partisan, or civil chieftain edicts, when debates and amendments are suppressed in this body.
"Sir, when the previous question shall be brought into this chamber—when it shall be applied to our bills in our quasi committee—I am ready to see my legislative life terminated. I want no seat here when that shall be the case. As the Romans held their natural lives, so do I hold my political existence. The Roman carried his life on the point of his sword; and when that life ceased to be honorable to himself, or useful to his country, he fell upon his sword, and died. This made of that people the most warlike and heroic nation of the earth. What they did with their natural lives, I am willing to do with my legislative and political existence: I am willing to terminate it, either when it shall cease to be honorable to myself, or useful to my country; and that I feel would be the case when this chamber, stripped of its constitutional freedom, shall receive the gag and muzzle of the previous question."
Mr. Clay again took the floor. He spoke mildly, and coaxingly—reminded the minority of their own course when in power—gave a hint about going into executive business—but still felt it his duty to give the majority the control of the public business, notwithstanding the threatened resistance of the minority.
"He (Mr. Clay) would, however, say that after all, he thought the gentlemen on the other side would find it was better to go on with the public business harmoniously and good humoredly together, and all would get along better. He would remind the gentlemen of their own course when in power, and the frequent occasions on which the minority then acted with courtesy in allowing their treasury note bills to pass, and on various other occasions. He thought it was understood that they were to go into executive session, and afterwards take up the loan bill. He should feel it his duty to take measures to give the majority the control of the business, maugre all the menaces that had been made."
Here was a great change of tone, and the hint about going into executive business was a sign of hesitation, faintly counterbalanced by the reiteration of his purpose under a sense of duty. It was still the morning hour—the hour for motions, before the calendar was called: the hour for the motion he had been expected to make. That motion was evidently deferred. The intimation of going into executive business, was a surprise. Such business was regularly gone into towards the close of the day's session—after the day's legislative work was done; and this course was never departed from except in emergent cases—cases which would consume a whole day, or could not wait till evening: and no such cases were known to exist at present. This was a pause, and losing a day in the carrying along of those very measures, for hastening which the new rule was wanted. Mr. Calhoun, to take advantage of the hesitation which he perceived, and to increase it, by daring the threatened measure, instantly rose. He was saluted with cries that "the morning hour was out:" "not yet!" said he: "it lacks one minute of it; and I avail myself of that minute:" and then went on for several minutes.
"He thought this business closely analogous to the alien and sedition laws. Here was a palpable attempt to infringe the right of speech. He would tell the senator that the minority had rights under the constitution which they meant to exercise, and let the senator try when he pleased to abridge those rights, he would find it no easy job. When had that (our) side of the Senate ever sought to protract discussion unnecessarily? [Cries of 'never! never!'] Where was there a body that had less abused its privileges? If the gag-law was attempted to be put in force, he would resist it to the last. As judgment had been pronounced, he supposed submission was expected. The unrestrained liberty of speech, and freedom of debate, had been preserved in the Senate for fifty years. But now the warning was given that the yoke was to be put on it which had already been placed on the other branch of Congress. There never had been a body in this or any other country, in which, for such a length of time, so much dignity and decorum of debate had been maintained. It was remarkable for the fact, the range of discussion was less discursive than in any other similar body known. Speeches were uniformly confined to the subject under debate. There could be no pretext for interference. There was none but that of all despotisms. He would give the senator from Kentucky notice to bring on his gag measure as soon as he pleased. He would find it no such easy matter as he seemed to think."
Mr. Linn, of Missouri, rose the instant Mr. Calhoun stopped, and inquired of the Chair if the morning hour was out. The president pro tempore answered that it was. Mr. Linn said, he desired to say a few words. The chair referred him to the Senate, in whose discretion it was, to depart from the rule. Mr. Linn appealed to the Senate: it gave him leave: and he stood up and said:
"It was an old Scottish proverb, that threatened people live longest. He hoped the liberties of the Senate would yet outlive the threats of the senator from Kentucky. But, if the lash was to be applied, he would rather it was applied at once, than to be always threatened with it. There is great complaint of delay; but who was causing the delay now growing out of this threat? Had it not been made, there would be no necessity for repelling it. He knew of no disposition on the part of his friends to consume the time that ought to be given to the public business. He had never known his friends, while in the majority, to complain of discussion. He knew very well, and could make allowances, that the senator from Kentucky was placed in a very trying situation. He knew, also, that his political friends felt themselves to be in a very critical condition. If he brought forward measures that were questionable, he had to encounter resistance. But he was in the predicament that he had pledged himself to carry those measures, and, if he did not, it would be his political ruin. He had every thing on the issue, hence his impatience to pronounce judgment against the right of the minority to discuss his measures."
Mr. Clay interrupted Mr. Linn, to say that he had not offered to pronounce judgment. Mr. Linn gave his words "that if the Senate was disposed to do as he thought it ought to do, they would adopt the same rule as the other House." Mr. Clay admitted the words; and Mr. Linn claimed their meaning as pronouncing judgment on the duty of the Senate, and said:
"Very well; if the senator was in such a critical condition as to be obliged to say he cannot get his measures through without cutting off debates, why does he not accept the proposition of taking the vote on his bank bill on Monday? If he brings forward measures that have been battled against successfully for a quarter of a century, is it any wonder that they should be opposed, and time should be demanded to discuss them? The senator is aware that whiggery is dying off in the country, and that there is no time to be lost: unless he and his friends pass these measures they are ruined. All he should say to him was, pass them if he could. If, in order to do it, he is obliged to come on with his gag law, he (Mr. Linn) would say to his friends, let them meet him like men. He was not for threatening, but if he was obliged to meet the crisis, he would do it as became him."
Mr. Berrien, apparently acting on the hint of Mr. Clay, moved to go into the consideration of executive business. A question of order was raised upon that motion by Mr. Calhoun. The Chair decided in its favor. Mr. Calhoun demanded what was the necessity for going into executive business? Mr. Berrien did not think it proper to discuss that point: so the executive session was gone into: and when it was over, the Senate adjourned for the day.
Here, then, was a day lost for such pressing business—the bill, which was so urgent, and the motion, which was intended to expedite it. Neither of them touched: and the omission entirely the fault of the majority. There was evidently a balk. This was the 15th of July. The 16th came, and was occupied with the quiet transaction of business: not a word said about the new rules. The 17th came, and as soon as the Senate met, Mr. Calhoun took the floor; and after presenting some resolutions from a public meeting in Virginia, condemning the call of the extra session, and all its measures, he passed on to correct an erroneous idea that had got into the newspapers, that he himself, in 1812, at the declaration of war against Great Britain, being acting chairman of the committee of foreign relations, who had reported the war bill, had stifled discussion—had hurried the bill through, and virtually gagged the House. He gave a detail of circumstances, which showed the error of this report—that all the causes of war had been discussed before—that there was nothing new to be said, nor desire to speak: and that, for one hour before the vote was taken, there was a pause in the House, waiting for a paper from the department; and no one choosing to occupy any part of it with a speech, for or against the war, or on any subject. He then gave a history of the introduction of the previous question into the House of Representatives.
"It had been never used before the 11th Congress (1810-12). It was then adopted, as he always understood, in consequence of the abuse of the right of debate by Mr. Gardinier of New York, remarkable for his capacity for making long speeches. He could keep the floor for days. The abuse was considered so great, that the previous question was introduced to prevent it; but so little was it in favor with those who felt themselves forced to adopt it, that he would venture to say without having looked at the journals, that it was not used half a dozen times during the whole war, with a powerful and unscrupulous opposition, and that in a body nearly two-thirds the size of the present House. He believed he might go farther, and assert that it was never used but twice during that eventful period. And now, a measure introduced under such pressing circumstances, and so sparingly used, is to be made the pretext for introducing the gag-law into the Senate, a body so much smaller, and so distinguished for the closeness of its debate and the brevity of its discussion. He would add that from the first introduction of the previous question into the House of Representatives, his impression was that it was not used but four times in seventeen years, that is from 1811 to 1828, the last occasion on the passage of the tariff bill. He now trusted that he had repelled effectually the attempt to prepare the country for the effort to gag the Senate, by a reference to the early history of the previous question in the other House."
Mr. Calhoun then referred to a decision made by Mr. Clay when Speaker of the House, and the benefit of which he claimed argumentatively. Mr. Clay disputed his recollection: Mr. Calhoun reiterated. The senators became heated, Mr. Clay calling out from his seat—"No, sir, No!"—and Mr. Calhoun answering back as he stood—"Yes, sir, yes:" and each giving his own version of the circumstance without convincing the other. He then returned to the point of irritation—the threatened gag;—and said:
"The senator from Kentucky had endeavored to draw a distinction between the gag law and the old sedition law. He (Mr. Calhoun) admitted there was a distinction—the modern gag law was by far the most odious. The sedition law was an attempt to gag the people in their individual character, but the senator's gag was an attempt to gag the representatives of the people, selected as their agents to deliberate, discuss, and decide on the important subjects intrusted by them to this government."
This was a taunt, and senators looked to see what would follow. Mr. Clay rose, leisurely, and surveying the chamber with a pleasant expression of countenance, said:
"The morning had been spent so very agreeably, that he hoped the gentlemen were in a good humor to go on with the loan bill, and afford the necessary relief to the Treasury."
The loan bill was then taken up, and proceeded with in a most business style, and quite amicably. And this was the last that was heard of the hour rule, and the previous question in the Senate: and the secret history of their silent abandonment was afterwards fully learnt. Several whig senators had yielded assent to Mr. Clay's desire for the hour rule under the belief that it would only be resisted parliamentarily by the minority; but when they saw its introduction was to produce ill blood, and disagreeable scenes in the chamber, they withdrew their assent; and left him without the votes to carry it: and that put an end to the project of the hour rule. The previous question was then agreed to in its place, supposing the minority would take it as a "compromise;" but when they found this measure was to be resisted like the former, and was deemed still more odious, hurtful and degrading, they withdrew their assent again: and then Mr. Clay, brought to a stand again for want of voters, was compelled to forego his design; and to retreat from it in the manner which has been shown. He affected a pleasantry, but was deeply chagrined, and the more so for having failed in the House where he acted in person, after succeeding in the other where he acted vicariously. Many of his friends were much dissatisfied. One of them said to me: "He gives your party a great deal of trouble, and his own a great deal more." Thus, the firmness of the minority in the Senate—it may be said, their courage, for their intended resistance contemplated any possible extremity—saved the body from degradation—constitutional legislation from suppression—the liberty of speech from extinction, and the honor of republican government from a disgrace to which the people's representatives are not subjected in any monarchy in Europe. The previous question has not been called in the British House of Commons in one hundred years—and never in the House of Peers.