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0 / 75
teiWra were spooled; and when lUa II use w tide qU.ua acfording t ,ne rule ol prd.r, rt
about dividing, oim ol Ihe tellers inquired who he would lie utterly impossible to do any .lig. .
should count Irom ihe Klate .if New JrW-y. The ; Mr.-J.ihiMon -ai l he offered his resolutions
Ch8irdeculuJtb.it the teller should count the (substitute for the motion-of the gentleman from
member, from mat State who had the Governor'; SortU Carolina. Mr, J'ji K-'Jli'J"" then read
"tertificatec; rroiH'Ihir iltTiwrwi -iti-nnpraHwd -
Wn Inken-. and the House had reversed the doiis-
ion of the Chair, flieu, be apprehended, tliy
stood precisely where tftey did when llua appeal
wa taken ; and the question now would be upiu
the motion to lay on the mole; and be thought the
proper course now would be IV ihe teller to count
all who paaxed IhroHgh, and ifajiy (if the disputed
inembera should vote, let litem report that fict to
the House, lie hoped that the Cimir would di
rect the teller to count all who patted through.
Mr. Saltoualall hoped that no u6b direction
wouia oe given. -
docision ha.l been reversed ;aiTil would nW be Representatives of the United States can only look
- ..... i. a ....It ..1 u -i . 1. a ...J i . J. rS th. wlAjlmn.
Ir the House to decide who stiouii repreerniiie
"Stale of New Jersey. ,
Mr. Tillinghast thought the Uhnir ought not to
put the qiiention on tbe motion to lay on the table
until tbe House had decided who should vole from
the 5tate of New Jersey. Tlie appeal front the
ducwion had been aimtBined, ami it bud been eu-
"faiiMiuVTT we" TooteJ Snf3rBenrpNWfKBK
two ground. One wa that the mutter wna pro
per aubject for the lloune to determine, and the
other waa that the decision wa incorrect, wheth
er by the Chair or the Houee.
M r. Turney roue to a point of order.. The qne
tion, o he undentood it, wa to lay the rewduiion
of the gentleman from Virginia on the table; and
the qucatiou to lay on the table, according to the
rule, wa not dubatable. . '
The Cb-iir nid that the question to who were
to represent the State of New Jerney must firt be
decided, befure the question to lay on the table
eomn up. .
Mr. timilh of Maine nid thnt the Clmir had di
rected lira! the jpnilnineu from New Jersey were
entitled to vote. An appeal had been taken from
thut dncivion, and it had been reverted, and the
gentleman from Rhode Inland Mr. Tillinghatt
had attempted to give the reaxona lot thi vote oi
the I Inline hut he would tell the gentleman that
the etrongetit reaaon which oierat(f upon him, waa
the 34iu rule of the llouae. lie thmiuhl the
House had a right to decide under that rule, wlibn
gentlemen were direcly, personally, and iminmli
ately inleremed, that they should not vote. . He
bolieveJ thnt many other gon(loinn betides him
self had voted sganiKl the decision of the Chair in
consequcuce of this rule
Mr. McKay moved thnt none of the dinputed
memlwri from New Jrcybe pernl(loJ to vote
utitii the question wan ueciued.
Mr; Urtrvci rwse toa' qtivton of orilerr" His
point wa tliii: there was a question bofore the
House, and tbe previuu quentiun hud beon moved
unn.itilhf!tffuxe nugtmtluuiaa.huu.lhe jriht to!
liNng Up a separate and independent pioposiitun un
til that qiienlion wa disposed of.
The Chnir said the previous nnfntion routd not
- be rmt iirttrl thifjtittMi s to who shiHild repre-i
seni ine oiaio oi tew jursey snouia nrst Dejicci
ded. -- ----- --
- - Mr. M-Kav -tlie' nmveJ that neillier set of
-TOflmberi from NeW" Jerwy"sTmir"v6le""unlir the
question irio ihall tot from At- Slate of New
: . Jertey 1 shall bo first decided by the House. He
contended that thi wa the proper enurse to be pur
Wmf anil ... I it 1 1 n ..If ft T.nn. Il.ilnull In J
. Mritwii rariiAiiieui, wnen seat were contested,
. . , that both part es should withdraw unj.il their ease
wasoeciui-u uv mose wuo were not personally in-
and proper courte to be pursued, and he hoped hi
f rnpofitjori would be agreed to by the flouse.
le alto referred tothu case of Howell and Everett
," of Rhode bland, in the continental Congress, which
had been cited by the Chairman, and allowed that
the Rhode1 Inland memhers did not vote on iheir
own case in the first instance.' Bubspqnently, how
ever, they did vote upuu such questiou as wore
presented. , ,
'Mr. Projfit rose In appeal from th.edwision of
h C'hur.- I W h"jdoMsioiir; from diffrent
;:.i.'..M XV-, J4mmmh 7hP ntMslee'tKirftiritnTd
" in Tis hahJ a aurinsrof' resolution tor offerT'Wtlicli
would briiif rtiirtlm'WrecTry-toai-Tnrw- w
question at tsue. Cnea of "order, order, or-
uor.l" - ' - . r
Mr. Pctrikin rone la a point of order. Ha
wished to know whuilior it wu compqieui for the
v Chair to entertain I hive or four proposition at one
Mr. Johnson. Let the gentleman reduce hi
point of order to wridng.
Tlie Chair requested that the gentleman from
1 Pennsylvania should reduce hi point of order to
Mr, V. C. J hnon would any what he had to
aay upon bis resolution, while the gentlemon wa
preparing hia point of order. Mr. J. held that
the II ;usf had not tbe right to vote out the Reprn.
sent alive of an entire Suite. The Houso mux)
conform to tin Constitution and the laws, and they
expressly inhibited the House from taking such
course, unless the member were sworn in, He
contended that they cuuld not adopt tbe proposi
tion of the gcntloman from North Carolina, be
cause, by the law of apportioning Representative,'
New Jersey wa entitled to six Rflreiitiitive, j
and it wn not in the power of this House to do-
pnva.her.or. J haJLrepretfnitioo,
- The Chair decido J against it, because the que.
nioflr toljiywlhe fnbte eoirtd tk Vr pendm white
the preliminary question was undocided.
Mr, Pelrikin raised an additional piinl of order,
aa to whether any other motion could be made,
-which would nl asidtf -thnt motiwt. -If -audi-ws
the decision of tlie Chair, ho wouIJ appeal from
r.Tha Clnlf wiJ th ti
jfteteter. Qiieitlfta miglii
arise, the moment the II kiss came lo vote upon it,
the question would arie as to who should vote up
on it i and Ihe question as to who should vote, must
be settled before the q ration a I")" on tlm table
can be put. "
"Tirr. TlJiAn thtfught tiieimvp
to decide en qwestian w-tfmef" Mn R." wehi"
Dver and aummed up the yariom rj-ieiiions pre
aented to the Chair, aud concluded by moving ihe
previous question on ibe appeal tu!;en by Mr. Pe
trtkin. f '
Mr. Driggs conten led, that as Ihe q'ir-stinn
ponding wa on Ira motion of Mr. MrKay, an) ap
peal could nt t taken on any other question
. The Chair tlien deciiled that Mr. Petrikin mo.
tion could not be entertained.
Mr. Petrikin. Then I- apeal from that ded.
ion. ' :
I Loud erie of order !" order !" "nrrlorrj
lr. Johnson tltea s-thed for the reading of his
tresolution. . - - '-' '" -
Mr. Byanm olijerted l tbi course of piling
-wmtinw apoa notion. - If we did not o Vrrartd do"-"
at f ltow i
i...;...7 Thui a certificate of election aa a
member of ihe House--of Represemotivc oMba
United Stales, duly made, in conformity with the
law of the Stale which the parties profess to
represent, and signed by the proper officer undor
the great seal of the State, is sulficierit per K to
entitle lle person to whom it ia given to be aworn
in aa member of the House, provided that no
State shall have more Representative than ia al
lowed to it by the Constitution and laws of the
United Stale. '...'
Rctoltxd, That, under the fifth aection of the
second article of the Constitution, the House of
ueyunu . v.y, - n. y -.
return, and qualification, of it own iiieuibera, af
ter it ahall have been organized ana aworn.
V Mr. Jbhnaon id he offered thi propotiiion a
Brtvamendtnent to tbo motion of the gentleman
from,North Carolina, becaiwe be felt that tie conia
not vote on. the mot in 6f that gentleman, we
bee ewornf fcwwAkaWhft:
oath of olhce prescribed by the Constitulion of tbe
United elates, nnd he could not consent to sea mo
House proceed tbe solemn farce or rmckery of
volinir the Representative of a whole 8tate out of
thi House, when the member or the House were
not under the morahfmd religioue obligation re.
quired by the Constitution. .-
The Chair said he didj not feel authorized to
entertain a resolution, the tiffect of which would be
to deprive the State of New, Jersey of her repre
sentation oo thi floor. It was, not competent for
this meeting to pass such a resolution. The reso
lution of the gentleman from Nohh Carolina de
clared,stn cflect, that the people of (he Slate of
New Jersey should not be represenrad on this
floor, and tW. Chair could not put llieques'.ion,
opon inch a resolution, to the f Iooso. : V
Mr. Johnson. Tbeo I will offer my resorajion
a a soparaie and distinct proposition. In reply (o .
a pioposition which had been mada by some tren
i lemon on the flKr, that all the member from 1
New Jersey might vote, provided the result was
noTchangedi he wished tosay a few wordiiNew
Jersey was entitled to but eix Representatives un
der the law apportioning- Representativeand hej
held that it would be a monstrous innovation lor
the House to permit eleven members from that
Siato- to vote, That-Btate wae entitled to- si -Representatives,
and she was entitled to no more ;
nd the qiieniiorf here wr who "'those sit r?t
resHiiiulives should bet litis question was t-
tkd fey tlie -ntiti
and the law or New Jersey, and it wa incompe.
tent for this House to take any question upon that
until k wsj fin orgarttiedrAud gentlcuasn had la
ken the oath of nflice.
Mr. Francis Thomas rose to ask the gentleman
from North Carolina Mr. McKay to withdraw
hi ornnositinn. in order that another effort miuht '
be made to settle this question. M "t. said he
had moved no preliiiiinury proposition, he had of.
fered. qo amendmentit to proposition which had
been before the- Home not because be-had -not
felt deeply interested in the qoetim) not because .
be did not feci a deep anxiety to see the House
organized in ail orderly manncrj and at sn early
day, but because lie believed that ali the pre
ttirrifiety nwthmrniwTV'iricorTtopwtpoiw lta
large majority or the member of the House had
mude up ilnlr liilndtf ai to hnw they would rote on
Then lot ii be the effort of every gentleman to
bring the lloiine to action. What wa the course -
best calculated to do so ? Wu it beet for u to be
chasing shsdowa nnd discussing questions which
may never arise! We would have difficulties
enough, by pursuing -straight-forward cotirse, -
without stepping aside to raise difficulties which
were not in our way. He knew that there were '
member here who hold the opinion that four of
llieso New Jersey member could vote upon the
right Ol the nnrrToTaSe hi seat. TTiiwa "noT
iNat-'n otter wlr qoestWwsiTW'Laiisp !f we wwH'M
a lo-diMctus tlieaB.ras.wa bad sUmcy wa mtghl b -
wrtboat rrvins at
wuy praciicai resiuu Kim course, inen, wnicn-na
iiileoded to pursue was, not lo moot preliminary
questions unnecessarily. Let the vote be taken.
It wa poMihlo, when it waa taken, that the cose
would stand it etood to day. It may be that
ilia ote ol- the five dialed- members from--New -
Jersey would not chonge the- result, whether
counted or not. : When tha vote wuv taken this
morning, it appeared that four of (he disputed
New Jersey n.e-nbei bad voted, but their yolea
could not change tha result, therefore no objection
had been mule from any quarter to their voting..
By thjs course, the House may avoid deciding on
these Vexed preliminary questions, and bethought
every grntkmian ought lo endeavor to avoid them
if pHsible Ihe public interest required this ; but
if they were to be decided on, let I hem be decidod
un when the necessity for it arises. It will be
lime enough, then, to decido on Ihem.
With regard to llie proposition of Ihe gentleman
from North Carolina, it, in hi opinion, decided no.
thing. That proposition, as stated verbally, is, in
effect, that ihe member from New Jersey ahall
not vote until the House decides that they shall
vote. Well, suppose thi proposition (hould be
adopted ty the House, it "would be' a mereabslrac-
riTeiToiiso must then go a step further, and
"tasy wfcwW -tbejrahalh f or itot.-r ltr'wii bww
.coinjwlenr,; then, Tor gentlemen to say that he
(Mr. T.) should not vote uniiV the I lmje decided
that he should vole.' The tame objection might
be raised lo any other gentleman's right to vote,
and day after day would be spent in I hew prelim
imnyTjneitions, and no good would result fraro ir.
Then let u meet the question to-day, and come up
to the question which I best calculated to avoid
solution of the gentleman from Virginia on the
table, or to reject it : and if the vole of the dispu
ted members from New Jersey ! not change
the result, hit (lie decision of llie House be pro.
nounend without raising tlieso preliminary que.'
lical purjoo. i Ins course bail pcen. stggCledLby
Ihe lhair some day ago a tha proper course lo
be pursued, and he hoped the House would take
up this suggestion and act opon it now. la urging
Ihii course upon the House, he would state that
hi sole object was to bring th House to action
and avoid those difficult'? in which the Hxise
hi been long involved, to the injury of the public
tea-vice, and at the risk of it own dignity and ca
(neity fr future ow-fulnesj,
Mr. Wise would suggest a course by which the
Hotito might arrive at a needy termination of thi
question. . Let the gentleman from Maryland
withdraw hi propm.il ion. Lei the gentleman from ,
iNorih "Carolina wiihdraW'hia resolution; a.nd let
jhe gontleman from Smth Carolina withdraw the
BKRiofTto ttr?eioIutiraubrot'i(ad byimT7
1 ..,..''.,.'. '.,..".... A . ',. "a : .
'Mr. WN. on the tank. Then
1.1 the Clerk
go on aiKl can ine run, cohhb ,
from New Jeney, who had precnled the legal
formal certificates, according to tne miiu
and the law of New Jersey. Then we will be
prejmrrd to Vote ; and whenwe come to vote u(i
7ir il." i,.i:r7J"lTie"New-JnrseT
A-rm will nut chunwe the reul!r nothing neo
he said about their v.t ng J but if it does, then the
teller can report the fact to llie Hhj and the
Houmo cm then act uimn the queUon. He thought
thi would lie the niot satisfactory mmle of get
ting over all difikulty in relation to tin question,
and hnocd I'eiillmneii would ceasB pursuing shad
ows, and unite upon some practical proposition ol
Mi. McKav.aflor a few remarks, which in eon
equence of the noise and disorder prevailing, with
related call to order, were not nearo, saiu ni
he had before e Dressed the ooinion, which he rn-
ie;iled that neither parly should be permitted to
vole. The oucaiion has been submitted to. tbe
Chair, but Hie Chair refused to put H. until it
should be decided by rhe Hon whohould" vote
members Irom tbe Slats of New Jersey. Tbe
House bad already decided that the five New Jer
soy toot lumen who held the certificates of ihe Gov
ernor should not vote, and the. Chair .jofuaca-aow
to put any quesjion 10 llie House, lor ine rcaaoii
that it must hrt decide who are to vote a mere
ber front New Jersey, while there i no protMMi
tinn in rineirfa that noiiit. either in Ihe allinnaiive
or nenative before the House. This he consid
ered to bo ft nioiittrou asrumption of authority by
Ihe Chuir. -The House has decided that live ol
the claimant shall not vole, and a member then
submit a motion that the other five also shall be
prevented from voting until the controversy
decided. The Chairman then declare that, while
heoccuoies that chair, he never would permit a
sovereign Stale to be disfranchised, by prohibiting
her Representatives from voting on any question
before that House; and therefore he dec lures that
he would not put tbo question. Did not Ihe Chair
man himself at the lost session, submit a resolu
lion to tha House, that no member whose seal
wa contested should be entitled to vote upon any
question before the House, until hie right to a seat
hould be first investigated and decided upon
Now if it wu constitutional for the Chairman him
self to present that resolu ion a a member of Ihe
'Hi'lrtiresl!B'ai'livea;,wavit nut 'eontTtitao-
tional for bun a a, member of Hie House of
Representatives, to otfer a iioilar imposition tIf
however, the House was willing to proceed at once
to a vtrti be would be willing to withdraw bn
Mr. Craig asked if the House was now about
New . Jersey I He aked. hi t he .language of the
eloquent geti'leman from. Georgia, who addressed
them the other day t how was the House to enforce
ed in Ihe other day, the Clerk, deciding that he
could not put a question, a Chairman wa appoint
ed, who would have the power to put questions.
Now, what did the Chair lull this House just now T
sovereign (State to be disfranchised by excluding
the voiea of her members on any question before
tha HouseJir, said-Mr C wJao. never get
along unless we alioek difficulties one at a lima.
The first difficulty waa lhal produced by the Chuir
itself, in declaring that be would not put a question ;
bia refusal to regisW tbo edict of the Houae
The. Jlouse.uad del.ermined.that the n.eniber wbc
. . l. .... . n p'nr :
1a5Bsrflw?ri 4tvui:tui(Jje y$
Jersey shall not ldt permitted lo .oie. Let' us,
ihen Ysaid Mr. C.) dismiss all quibbles lot us feel
'jdjiglJi niCfl,'id considcrhia.janlaniouutiaaJlieforeiUicuUo
decision that neither party shall vote until Ihe con
Iroversy is set I led. So much lioise and confusion
prevailed while Mr. Craig was speaking, that tbe
Reporter heard him very imperfectly; and, in the
concluding part of hia remarks, hi voice waa com
pletely drowned by the crie of " order, order I"
" go on, go on I" die
Mt- Klieit, in reply to tome word from Mr.
Wise, mil heard, declined to withdraw hia motion
lo lay . that gentleman's resolution on the table.
ThrtiTiestriiTrhe-sardr tonectileihe-itt-of thar-re
. .-. ... .
to withdraw In motion-, wheraupwo,
Mr. Wise-moved ihe previous question on it.
Mr. Rhett I hen asked if that resolution of Mr.
Johnson's was before ihe House.
The Chuir answered, lhal no queation could be
before the House, until it ahould decide who should
te as--members froro-t-he- State of - New Jerseyr
Mr Khett stated tha question, aa he understood
it. It first arose on his (Mi. U's) motion lo lay
the resolution pT lho' gentleman from Virgiuia
Mr. Wise on Ihe table ; next on the resolution of
the gent Ionian from Marylsnd, as a substitute; and
(hen came Ihe decision of ihe Chair, that no ques
tion could be put until the House decides who shall
vote aa member from New Jersey., Now he
moved to lay the question raised by the Chair on
Mr. Wise informed the gentleman from South
Carolina Mr. Rheti thai no motion could be put
on that question until the preliminary one of who
wa entitled to vole ahould be first decided.
Mr- SIRde desired to know the question that was
before tha House. , . ,
Tha Chair said that the main question waa for
tlie moeiing to determine who was entitled to vote
from the State of New Jersey. The House liny
Trig" dcU-rniined, by "reversing the decision of the
Chair, that the members, holding ihe certificates
of I be sWerno of New-Jweyrhuld ili'Tote;
it waa now necessary that Ihlf nioeliiig should ey
wliui was enlilled to vote, inasniucli "a lliey would
not deprive a sovereign Stat of it representation
on thi floor. . '
Mr. Slade understood the gftnllemin from Mary.
land tMr. Johnson had offered a proposition here,
which he wa disposed to keep before Ihe House,
unless the gentlemaa irom South Carolina would
wilhJeaw his axsiim is Uy ihe rewnluHon of ihe
gentleman from Virginia 1M it Wise 1 on Ihe table.
Mr. Johnson of Maryland said he would modify
his resolution by withdrawing the second clause of
iu - 1 ne nrst clause contained a distinct proposi
lion, and Ihe House, by taking Ihe ques:ion on ii.
'i;.t . . 1 .
f Ul, II. . , .
Mr. Slade then rose and made aoma remark.
which will be reported in full hereafter. , '
Mr-Uraham of North Carolina rose to a Que.
lion ol order, aeveral members trying to obtain
Ihe floor, aad speaking at the tame time.
The Chair again staled the question. The
Hmie must first decide who (hall vole a memlmr
6f New Jersey, and I hen the question on the mot ion
or the gentleman from South Carolina could be
put. The Chair would, however, ui'sest a sub
stitute for hi decision, which he would adopt, if il
mm who me concurrence of ihe House. This
was the course of arnredura he eu treated on Sit-
urday last, and which had been already adopted on
taking two or three auestieni: that igJthe Chair
woultf ptl Ilia ntiestion, and tha teller! would, on
counting Ihe votes, report the rrsuh to Ihe Huune ;
id.uheiher any of the niemhera wim sea s
ere coiilfisM:d voted on the mine, and should it be
Oajnd any such voting would change the result ll
would be for the House to determine nciocr
iirh votes should be counted.
-Mrr Black a.k4 hCkik-4a4lhe.JCwlU...
ion, and it was read as follows:
Rrtoletd: That the actiiiir Clerk be directed to
call the member of the House, including, in such
cell, the mcmbe r from New Jersey, who Iwve
ihe certificates of Ihe uovernor ol inai tstate, mai
they are elected as Representatives of the Twen-
ty-siKthCwgre... - , .
Mr. Blode oe ana coriienueu ior ins ngoi i
go on wilh hi rotnark.
The Cl.air wid that the question wa, wjio
hould vte from thexSute o New Jerey. . '
Mr. Wise. The question i on the motion ol.
Ihe gentleman from South. Carolina to lay my pro
position on the able; and increiore, me geuuoumu
from Vermont wa speaking'out oT order. We
are come now, said Mr. W. to the direct question,
and he begged gentlemen lo let it be taken.
The Chair did not consider the gentleman from
Vermont to.be out oT order. ThevreHson aa
signed by the Chair, for hi decisioii,ere not
heard bv the Renortcr. ' ' v . -
"1W rr MaaV Midrw-wOTy
aoxiou for him to yield theuor he would do so
to accommodate them. .
Mr. Rtvea rose, and attempted to address the
Chair, to make some suggestion aa to the mode
of proceeding, when . -
. 'Mr. Wise, and several nlher gentlemen, called
him to order. Great noise and cmifusion prevail
ed at the time, and repealed cries of goon, go on
were also heard.
- Mr. Rivea again attempted to obtain the floor,
when " '-."." """"
Mr. Wise again interrupted him with call to
order,. W bether the question waa on the motion
submitted by the gentleman from - South Carolina
In lay his resolution, or the resolution of the gen
tleman from Maryland, on the table, alill the mo.,
tion wa not debatable, and hi hoped (he Chair
would order the gentleman to tike bis aeal.
The' Chair wa unwilling to arrest any gentle."
man on a point or order, who thought he had any
new proposition to present to the meeting.
Mr. Rives said it was nnl hi intention to throw
any obstacle irtheTwayIIedesiredio cnniela
some conclusion, and thercfore he proposed I to'
gentlemen to permit tbe gentleman from South
Carolina Mr. Rheti to offer hia resolution a an
amendment to the resolution of hi Colleague, Mr.
Wise, and let the House come to a decisive vole.
Mr. Briirrs made a few remarks, showing the
ficcessily of etiforcing The poinf oT order, and pre
serving decorum in Ihe House,
"11 f. "Pfbffit ''e'ndeatdrea fo ob'sin the floor;and at "
the. same time giving hi opinion that -the motion
wa dib.twtaU.mt..he..waiM.ed tftJiavsJiiisjdjarf.
Mr. P. waa culled to order by several gentlemen,
and he took his scat.,
The Chair then put the question on Mr. Rhett's
motion,; and directed the teller to report the ramea
or those member voting whose seal were con
tested ; and also to report how the vote would be
without the votes of "those gentlemen- whose- seeta
were contested, and how n would be with the
vole or those gentlemen.
N.Mr.. Holleman denied that auch wa the que,
tion before Ihe House. ' He also denied that the
question, waa ever presented fer jho House to de
cilMted'inM Cbairll to whojahpuld, vote
aa member frbrhTSlew Jersey ,"tifioug1 the" Chair
wished to make it ao, - To eonatituta a question
and a negative, or how could ihe House decide it.
How cmjld it doci.'n the quHtion a to who ahould"
vote aa member from New Jersey, when, having
already decided lhal "one set of the claimants
(hould not vole, the Chair jefue to put the ques
tion aa to the right of the other to vole -Hie de
nied that the Chair had a rightto make any auch
decision. Tin waa putting the (louse in a posi
tion in which it could neither advance nor recede.
Some dayl ago, when the (louse was in a similar
eondilton.-in- consequence -ef Me-Clei1i--oWmins'
i ..... - . . ..
himseir incompetent to put question to the House,
Ihe eem mm rf -iveeti hvlo )'ihw'aSie',ThH,iMvM'
lliemaelvea from tha. embarrassment in hich the
J - r , , j i , , v
urvisimi m me nera uau piacrn uiem, uy remo -
ving the Clerk, and putting some one in bis place.
This appeal had been followed up bvlhe motion
of the gentleman fro in South Carolina, which placed
the gentleman himself in ihe Chair. Il was then
mtpiwaed; thttrihe HoW
difficulties in which the decision of the Clerk
plaoed them. But really, from the deciaion of the
Chair jutt made, it appeared lo him thnt it would
become necessary for ihe House to remove him
from Ihe Chair, and put some one in hit place who
wa willing lo put a question. Mr. II. afler a few
remark, made during much noise and confusion.
appealed from the decision of the Chair, and asked
fer the previous question on the appeal.
Mr. Brigg said ir the gentleman from Vermont
would withdraw hiathjectiorx, he would submit
the proposition of ihe . Chair lo the House for il
decision in the form of a motion. , Mr. B. then
Mibmitted the following, which he read I
Reiolved, That on the motion r Mr. Rhelt to
lay Mr. Wise's motion on Ihe table, or on Mr.
Wiee'a resolution itself, Ihe teller shall count all
the persons who may pass between them; and if
any pass whose right lo vote i disputed, the teller
rhall report their name o inn Chair, flnr tha
number of VDte on both tide are resorted, fer tha
derimon flf the lnit,''nm
Mr, Holleman declined withdrawing hi proposi
lion, and insisted on taking an anneal from the de
cision of the Chair. " .
The ChaU aked what decision the gentleman
from Virginia demanded an anneal from.
Mr. Holleman said that bit anneal was from iKa
decision of the Chair, ibat no question could be
put until the House derided who should vote aa
The Ctmir said. I withdraw thnt nW..,no
. The question was then taken on Mr. BriggV
motion, and it wa carried without a division; "
i ne cnair iheq staled Ihe question on Mr.
ihgrib" report'ff any' mnii,
tested, voted uina the Unmia nf il,i nnl,,i;nn
just adopted on Ihe motion oT Mr. Brigs.
The House having seconded the call lor llie pre
vious question. f r X '
Tha question wn then taken, ahall the main
question, now be putt and was decided in tha af
Urinative without a division.
The msin mmlim tn l It W i..1.
;m" - - --. m ivsumiion
on the table was then put Messrs. Dromgoola and
foiT, iiaTing mn sppoiniea tellers. v
. On countino the remilt. the llbr inrtJ !..
there were 115 votes in Ihe affirmative, andll 14 in
Ihe negative; Mr. Naylor from P. unsytvania,
whose aeat wa contested, voting with the nav. "
- nr i nair atinwnced thi decision of ib Houw
to in 115 in the affirmatiya and 115 in the ocga
live, (the Chair voting with the nay,) so that t! ; t
in ing a tie, the mntiou was lot.-
.Mr. SiniSji of Main denied that the nioiioo,
lwt, and uf aled from the decision of tw (j
lie umh-rsioi d the tellers a having rerxirtcd it"'
Mr. Navlor, whose seat wa fixitested, oteJ
the jmyglle lituu'dlhciigbt of Mrayhy. -vote,
and ohjertt d to it being counted.
Mr JNav or ol,-rvel lhal ihw urmiii..
Maine, Mr. Smiih ImJ challengeo hi rin,.
J .I.IIIBII I.
vole. Now, hei-hhlienged the right of Ihe g,,,,
man himself lo vole. Here are my credeutiilii'
wid Mr. N. holding them in hi band, "
Mr. Smith of Maine, J turn Ihe mn,..
over lo Mr. Ingersoll, who ha the certificaijf
lie juugr? ui curciitfii, Hiiti lira I cruiicnie Ol tltcfj
vernor, under, Ihe bioad scut of the Slate of Pet
Mr. Wise moved that the vole of Ihe eentlrn..
from Pennsylvania be counted, and on that ritoti,-.
he called for the previous question.
Mr. Reynolds, amidst much noise and disorder
moved an aiitiairnment a number of aontleii,. '
tbe floor. ..
Mr. Wise ond other opposed the adjoummrf
. w: .".:. i ji. i: J1. "UKmi
(..,,. .v.. mn v tatiuio llgnt.
The Chni r WB proceeding lo nut the muni;,..
aUHttm't resjilulion, wliich be said wa the
Mr. Reynold insisted or. his motion Tor
merit, and demanded lhal the question be'takenonit!
.. The Chair said that a motion to adjriurn H
not in order, while a question wa pending.
Mr. Smith and several member here ontendF'
that the question of Mr. Rhett' motion was i
decided. and that il yet depended on the decitius
. i u . w. .:i., .
Ul 111. A.djrwil l ,UID,
Mr. Weller again moved Ihe adjournment, '
Mr. Wise restated hi motion that Mr. Naylor'i
vote be counted, and also his motion fur tlw previ.
ou question on it. ,
- e-n -t a a . i . ' .
i ne vnatr snia no opuersinoa me drcitiaa of
the House, in the motion ol the gentlemaa froaj
Massachusetts, (Mr. Brigg,) to refer only to tb
contested teats from New Jersey,, and that tb
gentleman from Pennsylvania (Mr. NayW) did
nnl come wiiliin the decision of the IIouk.
The Question, therefore, tha Chair eoniil.a,u
joe tin the resolulion of the gentleman from Virginit,
iu r. iriggs suiu tuai mi inouon wa gftoertl
it application, and applied to all (he getiilsmei
whow seats were contested- At Mr. L'i reques;
the resolution waa read by the Clerk, amidst nod
noise and confusion,
' Thn ('hair said that ho had announced ihtai.
cition of Ihe House, that " the resolution wm lut,
and did not hear the report of thn teller that i
I rn.mli., u V- raa mnaA u-.. u .Atitarinn l. ., -I .1
air. JJrouignole rose and staled- that, a oo ;
the tellors, be distinctly stated to the Chair, vIm
lie aniTouiiced" the Vote7 tKat ' Mr."' Nay1,'oo!
the gentlemen whose sent wa contested, baa i.
tertIo hthi stateflient, MrJ).mmatm4if
Mr. Davie, Ihe other teller, y Mr. Smith 'i
Maine, and several other gentlemen.
The Chuir said lhar"lha"o4ueati6nleriira"'tN'
House, wa ihe previous question on Ihe reaolutiot
of Thrjrenttcman from V irginnr.
Mr. Turncv appealed from the decision of thi
Chair, as he considered that the first question w
be deciJed was, whether MrVNaylor's vole ihoua
be counted ,
Mr. Welter mo ed an adjournment, nd t
question wa taken; Messrs. Grave and Tumi
were appointed teller and on counVin'g ihe vote,
tbey reported that there were. for the .I'lwtm.
and Ryall, member from New Jersey, wImm
seal are contested; voting in rhe affirmniiv, aa
MTlalsted, Arerigg," end -Yerke; siaHki-
silueted, voting in the negative
The Chair then stated lhal the volei t to
members whose seat were disputed, hot unm
the result, it wa decided in the affirmative, ami
that . . ,". "?.: .
""The House adjournedr""'7'."'' "
HOUSE OP REPRESENTATIVES.
Wedaetdug, December 11.
TUe-qiwstion bsfer-4li8 Mouse, efler- tbs-Hwsi-
mg of Ihe ournal, wa Ihe right of Mr. Navkr to.
rcsoiuiion upon llie table.
Tlm coiirused nriwecSinirs nf' ve'steritivledls'l
I . . . c- i . i
i correction ol llie journal. The Clerk omille I
Xstate " that .Ifr. Naylor challonced Ihe riirhl
Wr.'Sir.ith to vote.'' Mr. Smith having bef
clmHnged the rig hi of Jlf r. N. The journal
vmeriHcrd.jw.heD Jlie .PteviouaQuestionwatputf.
on ihe appeal from Mr. Adam' decision, tliat 4
Navlor hud a right to vote.
"the nieyirHiaquejiion was put and serooH
and teller wert demanded ujton ihe vote, wht
the derision of ilia. Chair abould (land a the jo-intent
of tha IIUiiw.The vote wa a felluwi:
Ayes 112, Noes ll8. ,
So Mr. Adams' decision wa lost. Mr. Inrt-
soil, Mr. Naylor and a port of the New Jens?
members commissioned member and dtiwn"
" Mr. Johnson said that it was an oufrsssnpa
the Constitution not to count the vote of lb aa-
ber from Prniisylvania. , .
Mr. Adams said lo the House ihu tih, hV
busmen becoming confused, lhal il each (IwaiH
would keep hia seat there would be hope of
mg order. - -: ' : ,' - ".''
Mr, Wise moved flint thn House proceed to
cide upon the right ol' Mr, Naylor of Penntj
Mr, Ingersoll made an attempt to speak, k
ra called lo orae'r7llo ad.rreea't'Ke Chiireer
w twfei tut" yhin liol fereiftd yrwtedV
Mr, Curtis here moved an adjournment, wl
waa not put bv Jfr. Adams.
Mr. Turney, of Tenn. made the remark (hit
toouer wa get mlo-a row the better. -
Mr. Stanley of N. C. interrupted him hy y
ifit ia coiirfi to this lhat the House w
made bt-tter hr nettinr into a row. - be enow If
ihe gentleman from Tenm, that if there wttJ1
a row, be was sine.' eveinir Jar. lurnej'
The scene of confusion wu here ao crest if
Mr. Curlia moved an adjournment of the H110'
AAer much disorder, the Previtai Quetioe
witand secondfld, upm Mr. Adam decisw1""
The question again come upon Mr. N'T""!
..." lliu m lli!HI IV ,''..'
rial, I t l. NT. ..I... I.;. .rlihCUlK
rii,. . .wo. j,ir, inyHr ikiu iii
election read. While this document wa re1
Ihe Assembly for the first time were quiet.
Mr. Navlor asked the attention of the ll
tha Prnrtn from Go11'
Porter. Nine days before the Assembly aw"'0
vernor r. issued a eerlifirate or election, '"
cing the return of Mr. Ingersoll. i
Mr. Naylor rose and begged a hearing, M
not suffered lo proceed the House beiny Wf
and the confeei.m yery great. Tbe reading
law nf Pennsylvania wa railed fer.
Mr. ltiVMMlli r. ik. r.rfi,lrr of nil l'le
then' rend, when tht vote waa put to tbe llu r