Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-23
HOUSE or REPRESENTATIVES,.

HOUSE OF REPRESENTATIVES,.
MIR. BAILEY'S CASE.
The House then passed to the orders Of the
day. " went INTO Il committee of the whole, Mr..
Cobb IN the Chair, on the report of the Commit
tee Of Elections in the case of john Bailey.
Ana The question being, III Mr.. Brcnt's mo-
ton, to strike out the word S'not" in the close of
t'at report, 80 as 10 make it declare that MIR.
Bailey is entitled to a seat on the floor OF this
House.
MIR. Fuller, of Massachusetts,, who had the
floor, having moved last evening that the com
mittec rise, addressed the House in II speech
of about an hour, III which he went fully into the
merits of the case, and opposed the report Of the
committee.
RIr. j. T. Johnson, of Ky. followcd on the
same side, adducip5 several arguments in adj
dition to those urged by Mr.. Fuller.
He was followed by Mr.. Wood, of n. Y. who
stated the result of law decisions on the subject
OF dornicile, and united in opposing the commit
tees report.
Mr.. w. Smith, of Virginia, took n view of the
whole case, i'll 4 speech of considerable length,
ON the same side.
MIR. Randolph, of Virginia, made a short
speech In support of the report, and against the
right of the sitting member.
The question was then taken on the motion
to strike out the word snot, !" and decided in the
ncgativc-Ayes 80, noes 1O5.
So the mmit of the whole refused TO re-
verse the opinion expressed by the Committee
OF Elections, adverse to Mr.. Bailcy's claim to Il
seat.
Mr.. Randolph then moved that the Committee
rise, and report their concurrence with that re-
port.
MIR. Bailey expressed a wish to address the
House, and was DESTROYS that the gentleman
from Virginia would withdraw his motion, and
suffer the ommittc to report progress, ana
ask leave to sit again.
Mr.. Brent opposed the motion Of Mr.. Ran
dolph.
Mr.. Cook questioned its being in order.
Mr.. Fuller moved to report progress and ask
leave to sit again.
The Chair pronounced this motion out of or
der, as IT was not 4 O'clock, and the rule OF the
House forbade such a motion in COmmitte OF the
whole, before that hour, unless to ask leave to
sit IN 4 day subsequent to the next succeeding
one.
Mr.. McDuffie contended that the rule did
not apply, and appealed from the decision OF the
chair.
SoII1e confusion cnsued. Several members
were up ut once. Tho appeal was withdrawn,
and, after much altcrcation, the question was
taken on reporting and asking leave, and dcci-
ded III the negativc-ayes 10, noes sc.
The question was next put on reporting tho
resolution of the committee witho It amendment
and carried.
The hour of 4 having by this time arrived,
Mr.. Fuller renewed his motion to rise, report
progress, u ask leave to sit again, which was car
riei-
Ihe committee rose accordingly, reported
the resolution, and asked leave to sit again; and
the question being put on granting leave. it was
decided in the afirrnativc-ayes 81, noes so.
And then, on motion of MIR. Cu.pepper, the
House adjourned.
The grounds on which this question rests,
viii be best understood by comparing the re-
po"t of the Committee Of Elections with Mr..
DaileS's reply, both of which we shall take an
early opportunity of submitting TO our readers.
Ii may be necessary, in the mean while, sum-
nariiy, TO state that Mr.. Bailey, when elected
by i,i: constituents at Norfolk, in Massachusetts,
was, and for several years had been, residing
1t ~ ashington, performing the duty Of a clerk
in the Department of State, and had married in
t!Is City; but had taken no share in municipal
concerns here, and constantly declared his in
tcntion to return to Massachusetts,, where his
home was stated TO DO, and where he possessed
a valuable library. 1t is contended by the
Committee of Elcctions, that he was not an SIN
habitant" of Norfolk in the sense of the Consti-
t:;;ion, but was an inhabitant of Washington: il
is insisted on by Mr.. B, and his defenders, that.
though actually resident at Washington, this re-
sidencc was temporary, his nome was in Nor
folk, and he was, therefore,, an 'sinhabitant~ oil
The latter place, within the meaning of the Con-
s%tItutlon, and was to be considered on the same
footing with foreign ministers, who, though boz
diiy absent, on public service, retain, neyerthe-
less, their homes i'll their own states, and are eli
gibie to Congress, &c. &c.-.Nat. Int.