Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-05-18

lie was succeeded by MIR. Kerr OF Md who occupied
the hoor in reply, until late hour in the afternoon
Lights were now introduced, and MIR. Dickson ofNe,y
York, wentino an extensive argument in support of the
power and Oh the expectancy olexercng the present
The House now manifested much Impotence and the
Hall resounded with cries for the question.
Mr. Evans OF Maine, demanded that il be taken
and nays; which ordered.
| MIR. ii. Everett moved a call Of the House
On this question: Mr. Polk demanded the yeas and NAYS
hey were ordered, and being taken stood as follows
Yeas lI6-Nays 65.
The roll was now called, when it appeared that twenty
members absent
Mr. Mercer supported the motion by remark i'm reference
to The Parliamentary usage when the vote was taken
Qhc members passing between Messrs TAYLOR and McIn
ayes S3-noes 80. Wv ~
The abScnteeS called and the excrsos an ho;
behalf having been received,
Mr. Clay moved 10 suspend the call which was agreed
The following resolution introduced by MIR. uarper. was
Resoiued That Samuel Houston now in custody of the
Sergeant at Arms, should be forthwith dischareed'
Huntington: - "
That Samuel Houston has been guilty of a con,empt
and violation OF the privileges OF this House."
And the question being the amendment il was teci
ded by Yeas and Nays, as follows:
Feds-Messrs. Adams, Allan, Allison, Appleton. Arm
strong Arnold, Babcock, Banks John : Barhonr Re-,
well, BaIringer, Barstow, Isaac c. Bates lanes BIar
Briggs, Billiard, Burd, Burgess Cahoon, Choate Coke
Lewis Condict, Sas Condit, Ecu,heros Cooke, Bates
!
Daniel John Davis, Warren r. Davis, Dearborn Denny
Dewart Dickson, Doldridge Duncan Ellsworth GeorSe
Evans Joshua Evans Edward Everett, Horace Everett
Feider, Grennel Griffin, Holster, Hodges Hughes
huntington, Ihre, lngersoll, Irwin, Jener Kendall
hemnon' Henry King, Kerr Letcher, Marshall, Max
Mercer Migan, Newman, Newton, Peorce PenJinon
Pitcher, Potts, Randolph John Reed Rencher Root Rus
SELL Semmes, VIM b. Shepard, Aug IL. Shepherd Slade
Taylor. Tompkins, Tracy Vance, verplanck, Vinon'
WardweIl, Washington, wotmOugh, Wilkin, Wheeler
Elisha M, Whitilesey, Frederick whittlcsey Edward d.
White, Wickliilc, Williams, Young-IO6.
Nays-Nessrs. Alexander Robert Allen. Anderson
Angel Archer, Ashley, James Bates Beardsey Bell Ber-
gen, Bethune, John Blair, Boon, Bouck Bouldin. John
Drodheod, John G. Brodhead Bucher Cambreleng Carr
larson, Chandler Claiborne Clay, Clayton Conner
C oi D@ySenpor Dayon Doubleday Driyton, Fzger-
ana FORD toster, Gather, Gilmore, Gordon, r H. Han
W Hall tlammons, Harper, Hawes Hawkins. Hoffman
Hogan Holland, Horn, Hubbard Jarvis Jewet Richard
NJ Johnson Chas. c. Johnston, Kavanagh Adam KING
Lewis Lyon Mann, Mardis, Mason, McCarty VIM Nc,
Coy McIntire, George T. MITCHELL Thos. r. Mitchell,
Muhlenberg, Nuckols, Pierson, Plummer Polk f. c.
Reed, Roane, Soule, Speigh Sandifer, Stephens Fran
els Thomas Philemon Thomas, Wiley Thompson, John
SO the amendment adopted.
Mr. Clay then offered the following further amendment
but the Chair decided it not now to be in order.
"Iha sineXpedent proceed further in the case of
Samuel Houston and that he be discharged from the Gus
tody of the Sergeant-a,-Arms."
The resolution of Mr.. Harper as amended, was then
agreed 10.
Mr.. Clay offered his former amendment in the form
of resolution
Mr.. Huntington thereupon moved the folowino as an
amendment TO Mr.. CIay's resolution
THAT Samuel Houston be brought TO the Bar of The
House on Monday next II o'clock and be there repr
mandcd by the Speaker for the contempt and violation r
the privileges OF the House of which he has been guilty
and that he be discharged from the custody of the Ser
geant-at-Arms.
"rhat Samuel Houston be excluded from the exercise
oil The privilege conferred by the 18th Standing Rule of
the House. This rule confers the privilege of adms-
sion the floor of the House on all who have at anv time
oi cit thor ~ 70,
Mr. Davis, oil s. Co. enquired whether the second reso
luton did not involve the suspension alteration of rule
of the House,?
The Chair decided that the second resolution wa, NOT
now In order under the 18th and l05 rules of the House.
By me 18TH rule any individual who has been membcr
OF either branch OF the legislature has right of admis
sion TO the privileged within the Hail. This was one
OF the standing rules of the House. BY the IO5th rule il
declared that standing rule or order of the House
shall be rescnded or changed without days notice be-
ing given OF the motion therefor" Now, the motion of
the gentleman from Connecticut went in effect TO change
this rule so far TO exclude of the individuals emil
tied TO it from the privilege and right conferred This
was therefore, TO changes without days notice. by
way OF amendment, standing rule OF the House. in d.
rect contravehuon oil one OF the standing rules of the
House, which the Chair presumed to be not in order
Mr.. Huntington said he supposed that the object and
effect oil the amendment was neither TO alter rule, or TO
change rule, but TO carry out into punishment judicial
decision of the House.
Mr.. Mercer took appeal from the decision of the
Chair.
Mr. Lamar demanded the yeas and nays on the appeal
Mr. Mercer considered the decision othe Chair as in
House.
whole proceeding, from its first stage, had involved sus
pension OF the ordinary rules OF the House 1t was in its
nature extraordinary for the House did not ordinarily sit
Court. And having thus for several weeks been act
ing aside from the ordinary rules of ORDER it would be
strange indeed, ii it should require OF two-hird of
the House, when tile House Court was about TO con-
summate Its Judicial action, by passing of pun
shment. simple majority had been sufficient to sus-
pend all the ordinary rules and proceed with the tria vet
it could not perform the last act because of one of its
ordinary rules
The Chair said that the gentleman from Virginia had
misunderstood its decision The House could bv a ma
ionty resolve to punish The Chair had not said that il
would require vote of two-thirds but that the resolu
ton, it changed rule lie day The MAORI
could vote to punish; but they must act doing
cOrdng to the rules of order.
Mr. McDuie said that it appeared TO him that the rules
Of the House had nothing do with the subject; thew
had no bearing whatever the present proceeding Was
not the House at That moment acting in contTaVcnOn
the rule to which the Chair had alluded by excluding
the accused from the privileged seas' They hold him i'm
durance, though he had been member This they had
done by majority; and why could they not punish him
by the same The power try and TO punish was para
regulations for its police could interfere with the
high Judicial power OF punishment they were now exe
csng. They seemed TO him 10 have no more relation TO
the matter than the laws OF the Modes and Persians
Mr. Adams observed that there was another considera
ton which went TO support the views which had been
given The Chair had stated that every former member
Of either Branch of the Legislature had the privilege and
right to be admitted TO that Hail. but such was not the
language of the rule. Its was not positive but
negative 1t was rule to exclude, not to admit and
former members of the House were admitted bv an ex-
ccptOn Taking particular individual out of this ex
cepton, left the rule itself still unimpaired.
Mr. Wayne said he had first thought the decision of the