Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1836-04-07
TWENTY-FOURTH CONGRESS
FIRST SESSION.
HOUSE OF REPREsEwTaTII Es
Tuesday March 80.
CONTESTED ELECTION.

CONTESTED ELECTION.
AT IL o'clock, in pursuance of the spe.
cial order for this day, the House resumed
the consideration of the repor, Of the com
mittee on Elections on the subject Of the
North Carolina contested election, and The
following resolution with which the report
| concludes;
Resolued. That James Graham is not en-.
titled to seat in this House, and that
David Newland is entitled 10 q seat in this
House.
The question being on the resolutions
moved by Mr. Rcncher, on Saturday, as a
substitute Tor the above,
] MIR NEwLAND (the pe'itioner) took the
floor, and spoke at some length in support
oil his claims TO the seat, and in reply 10
the sitting member. tair GRAHAM
| Mr CUSHMAN. after some remarks
on the length Of time which this subjec,
had occupied, and the necessity Of deci
ding it, in order to proceed in the despatch
oil the pubic business, moved the previous
question.
MIR PEYTON rose, and moved to re.
commit the report to the committee on
Elections. on the ground that it wa. not
IN fact what II purported TO be. the report
OF committee. as he would prove 10 the
satisfaction Of the House.
The CHAIR decided that the motion
was not In oruer, and that the previous
question was applicable to the report and
the resolution with which il concluded,
From this decision MIR PEYTON an
pealed, and proceeded to show that there
was nothing before the House upon which
the previous question could be taken The
report, he commended, was not the report
oil maJoIity Of the committee, and mi
nor'ty report had been decided, by the
Char, not 10 form any basis for the action
Of the House. He stated that his honor
able friend from North Carolina (Mr Iaw
klns) had not given his assent to the re-
port though his signature to it was obtain
ed, and the report. therefore, was in fact
assented to by only four out Of the nine
members Of the committee,
Mr. HAWKINS explained that he as.
sented TO the resolution with which the
report concluded, though he differed from
II 10 some important points, which he sta.
ted.
Mr. PEYTON proceeded in his remarks
Tar some time, when he was interrupted
by
Mr. RIPLEY, who called the gentleman
10 order. on the ground that the merAs OF
the case were not debatable on the appeal
The CHAIR decided that the gentle
man from Tennessee was out of order.
MIR PEYTON appealed from this deci-
sion. and the yeas and nays were ordered
on the question.
MIR CLAIBORNE, Of Mississippi, rose,
and said that he hoped the House would
excuse him from voting on any question
arising out of this contested election from
North Carolina. He had been detained
from his seat by illness during the whole
period Of the discussion he had not heard
line Of the voiuminous testimony that
had been submitted he had heard no ar.
gumcnt in illustration Of the merits Of the
case; and he conld not, in justice 10 him.
self, or in justice to either Of the parties.
vote upon the question. He mad no poll
tical feeling on the subject if he had, he
would siifle il as unworthy and degrading.
As Representative Of the People, he
wished TO see a fair and and impartial
Judgment rendered, without regard to par.
~. Not being qualified to vote conscien
tiously, he requested TO be excused.
The question being then taken, Shall
the decision of the Chair stand as the
judgment of the House P" it was decided
IN the afiirmative-yeas 1874, nays S.
On motion Of Mr. RIPLEY, the gentle.
man from Tennessee had leave TO proceed
MIR PEYTON proceeded in hi. remarks
for some time, though he Was repeatedly
interrupted with questions Of order.
Alter various confused proceedings on
questions OF order, the point raised by MIR
Peyton was reduced to writing.
The CHAIR stated the question,
The SPEAKER having decided that
the report and resolutions were before the
Rouse, and that the previous question
shut out any debate or proposition in re.
gard to them, and the gentleman from
Tennessee having appealed from this de
clson, the question now was, Shall the
decision of the Chair stand as the ,udc.
ment Of the House ?"
The question being taken by yea. and
nays, il was decided 10 the Affirmative
yeas 1914, nays 6S
MIR PEY TON moved that the House
do now adjourn; at the same time remark.
ing that he made the motion for the Dur.
pose Of enabling the House 10 come 10
some conclusion. by which the votes of
the House could be taken on the several
questions pending in relation to the report
without any further debate.
The question being taken on the motion
to adjourn. 1t was decided in the negative
yeas so. nays 1870.
Mr. CHAMBERS, OF Kentucky, moved
a call of the House, and said. the call of
The yeas and nays, just taken, showed too
many members absent, upon question of
80 much importance, and nvolvIng SO high
a responsibility as that now depending.
The question having been taken on this
motion by yeas and nays, it was decided
In the egative-yeas so, nays III.
MIR RENCHER moved to suspend the
| Rules in order IN infer a yesoI,t;on dool,