use was filled with storms of applause
and jeers, and, as can be imagined, Mr. Toombs' speech did not soothe
the bitterness or alter the determination of either side.
On the 22d of December a conference was held by Whigs and Democrats, the
Southern Whigs excepted, and a resolution reported that the person
receiving the largest number of votes for Speaker, on a certain ballot,
should be declared elected, provided this number should be the majority
of a quorum, but not a majority of the House. Mr. Stanton of Tennessee
offered this "plurality resolution."
Mr. Toombs sprang to his feet and declared that the House, until it
organized, could not pass this or any other rule.
Members stood up and called Mr. Toombs to order, claiming that there was
already a question pending. Mr. Stanton contended that he had the floor.
Toombs called out: "You may cry 'order,' gentlemen, until the heavens
fall; you cannot take this place from me. I have the right to protest
against this transaction. It is not with you to say whether this right
shall be yielded or when it shall be yielded."
Mr. Stevens of Pennsylvania: "I call the gentleman to order."
Mr. Toombs: "I say that by the law of 1789 this House, until a Speaker
is elected and gentlemen have taken the oath of office, has no right to
adopt any rules whatever."
(Loud cries of "order.")
Mr. Toombs: "Gentlemen may amuse themselves crying 'order.'"
(Calls of "order.")
Mr. Toombs: "But I have the right and I intend to maintain the right
to----"
Mr. Vandyke called upon the clerk to put the preceding question. "Let us
see," he said, "whether the gentleman will disregard the order of this
House."
Mr. Toombs: "I have the floor, and the clerk cannot put the question."
"The House," he said, "has no right. Gentlemen may cry 'order' and
interrupt me. It is mere brute force, attempting by the power of lungs
to put me down."
Confusion increased. Members called out to encourage Mr. Toombs, and
others to put him down. In the midst of this babel he continued to
speak, his black hair thrown back, his face flushed, and his eyes
blazing like suns. His deep voice could be heard above the shouts like a
lion's roar. Members shouted to the clerk to call the roll for the yeas
and nays.
Toombs continued: "If you seek by violating the common law of
parliament, the laws of the land, and the Constitution of the United
States, to put me down ["order, order, call the roll"], you will fi
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