The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-06-30

'Messrs. johnson. Burwell. Cook and Smi-
lie supported the motion. They observed
that no building reared by mortal hands was
too sacred for the celebration Of thut day |;
that there was no intention to foster party
spirit and that sufficient reliance might be
placed on the good order Of the citizens, that
they would not injure the furniture OF the
House.
Mr.. Pan Horne rising to oppose it. Mr.
johnson withdrew 1t to avoid occupying the
time of the House with it.
Mr.. Cook renewed the motion but the
House refused to consider 1t.
The House refused to 20 into committee on
The non intercourse bill; and
On motion of Mr.. Rindiey, the House re-
solved itself into a committee of whole, Mr.
BAssET in the chair, on the report of the
costested election Of William Battles, Ayes
66. s-ry
Before the report was read, Mr.. Dana
moved that the committee rise, under be-
lief that time had not been allowed for the
consideration of the report; he wished not
to be driven in so great hurry to the deci-
sionof SO important a question, which it was
impossible TO decide without mature consi-
Iteration. 1t was observed by Mr.. Burwell,
that it was for the purpose of consideration
alone that the house went into committee j;
that it could not be expected the committee
could rise Immediately after they agreed to
30 into committee and that if disposition
was manifested to drive the house from the
consideration of the subject, it might produce
a Observation-Disclosures to persevere in it.
Mr.. Dana observing that he had no desire
but for fair consideration, withdrew his
motion.
The report was then read, concluding with
Recommendation of the following resolu-
tions:
/" RESOLVED, That the election held in Ply.
mouth district in November last, was legal
and proper,
Resotved. That VIM. Bailliesis not en-
titled to his seat.
entitled to a seat in this House."
Mr.. Nndley moved that the petitioner,
Charles Turner, may be admitted to a seat
in the House during the discussion.---Agreed
to without debate and without opposition.
A motion was made by Mr.. TAYLOR, that
the committee rise and report progress. His
object was to move a resolution for post
ponement of the further consideration of the
subiecttill next session.
his motion was supported by Messrs.
Taylor, Troup. Pitken, Sheffey, Livermore,
baillies, Whitman, Ross, and Lyon; and OPP
posed by Messrs. Rhea, ]. G.. Jackson, Boyd
Holland, Turner (thc petitionere, Varnum
and Love.
The arguments which appeared to be most
relied on by the mover of the postponement.
and those ~ho spoke on the same side of the
question, was, that the dispositions and ties.
timony taken in this case, although it was
admitted that reasonable notice was given to
the sitting member, who did not attend,
We're taken under the authority of no exist
ing law, and we're not such rs would govern
a court ofjustice that the sitting member not
having attended at the time of taking the
dispositions, from the belief that they were
illegal, the testimony was wholly ea,harte,
and however decisive it was admitted by
some gentlemen to be, was not such as, in
candor or justice, the house would decide ON
without permitting the sitting member to
bring testimony to rebut it.
To this it was replied, that for several years
there had been no law prescribing the mode
tor taking testimony in cases of contested e.
iections, in the course of which time several
contested elections had been decided BY the
House on testimony taken under no law, but
under the guidance of common reason that
during the first session of the last Congress,
the seat Of Mr.. Culpepper was vacated on
testimony undoubtedly taken in thismanner,
and under no express law; and that the
House having heretofore, in various cases,
decided IN this way, it was not TO be expect
ed that they would in this instance desert the
principles on which they had acted.
Other arguments, however, founded on
facts. stated by the sitting member and
the petitioner, were introduced into the de-
bate, by gentlemen speaking oil both sides of
the question:, to support their respective Opt
Mons.
The question on the committees rising was
taken about o'clock and carried, So to 33.
The committee were refused leave to sit
again, ayes SIS.
And the house adjourned.
ETTDnDE