Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-05-18

committee rise; and appealed to the Oldest members oil
the House to say if they had ever known any good zone
in the House on Saturday at midnight.
The question was taken and decided IN The negative
yens IS, nays 80. ~
Mr.. johnson continued his remarks, and protested
against the necessity or expediency OF forcing d y"
through the House, in the night, against SO large u u"
~nority-when he yielded the floor to rho
Mi. Clowney. who renewed the motion to rise. Inc
vote being ascer,ained, was yeas IS, nays vi 80 ue HUI
ton was lost, and . and
Mr.. Johnson again proceeoeo lot i" ""oN' NN
Mr. Caves. who renewed the motion to rise, which
resulted in the negative; yeas ~, naysso.
Mr.. Johnson again resumed and proceeded about a
couple of minutes, when
Al, Dunn asked him to give way for n motion 10 rise.
MIR. johnson. al first, dissented, unless the gentleman
from Indiana would give him an assurance mat Inc "o'
ton would prevail. .,ud
MIR. Dunn having expressed his Oei.i WV
this time,
MIR. johnson yielded the floor, and
Mr., Dunn renewed the motion. and it was again re-
iec,ed. the tellers reporting ayes 81, noes e9.
Mr.. Johnson then said he should mol give way " m'
friends again, but would make a motion himself. he
then instantly renewed the motion for the conmil'ee 10
rise and report progress.
MIR. Harper OF Ohio rising 10 address the House,
Mr.. Johnson withdrew the motion.
MIR HARPER demonstrated against the haste WIN
which this important measure was urged on. lie CHS
claimed being opposed TO relieve the exlgencles OF Inc
Government, bat wished time to devise The pest means
of fOlnn so. de lneu went u l I'LL leUTtu ItO Viz
subject Of finance and banking generally; aud after some
time gave wey 10 his colleague,
MIR. Coffin, who moved that the committee rise.
The tellers reported ayes So, noes 81.
MIR. Briggs, one Of the telers, stated that two gentle.
men appeared after the ayes. were counted, (Messrs.
Ewing of Indiana and Thompson of South Carolina j
whereupoD,
Mr.. Hoffman moved for a second count, which was
ordered, and then the teNers re~ported-ayes o9, noes
81; and m-
Mr.. Harper proceeded, and occupied the floor till %
minutes to IL o'clock when, without concluding he
gave way to .
MIR. Halves, who renewed his motion for The commit
Tee 10 rise, but yielded it to
MI. Thomas, al his request, who remarked that II wns
better to come to some Understanding on the subject;
and he would suggest that, for the mutual convenience
of all, they adjourn with the determination 10 take up
the subject on Monday, at IL o'clock, and continue in
session till the subject was disposed of. Cries OF NO.
mo"
Mr.. Tininghasl then addressed the Chair, who inquired
if The gentleman from Ohio yielded the floor.
Mr.. Harper said he should not do So for any other pur-
pose than for a motion to rise.
Mr.. Halves then made that motion; and the tcllers
announcing the division 10 be ayes So, noes 81 the com.
mittee still refused 10 adjourn, and
MIR. Harper continued his remarks for a short time,
when he yielded 10
Mr.. Robertson, who, after a few remarks in support of
the expedency of adjourning, made a motion that the
committee rise.
The question was then taken al II o'clock, and the
tellers reported ayes so, noes S3.
So the committee refused 10 rise.
Mr.. Harper again went on for about q minute, when
MI. Chambers raised the point OF order, that It was
l2 o'clock at night, and he hoped no one OF his TRENDS
would vote thereafter, and let it be seen whether an equal
number Of men could control an equal number.
Mr.. Duncan would like also 10 know whether an equal
number could control an equal number.
The Chair then cited The decision on a similar case, the
North Carolina contested election, and under that deci.
sion he would not decide the proceedings %eslopped, but
leave it as a question for the judgment of the committee
itself. The Chair read that case at length, and referred
to others embracing the same question.
Mr.. Chambers requested the Chair 10 make a positive
decision.
The Chair accordingly decided according to the pre-
vious decision Of the House.
Mr.. Chambers took an appeal therefrom.
MIR. Pope moved that the committee rise, for the pur.
pose of having the point decided in the House by yeas
and nays, with the Speaker in the Chair. Though lie
held that Sunday was not a legislative day, he was desi.
rous OF seeing who would no declare by their votes.
The Chair said the Speaker could mol take 'he Nhai'
unless the committee rise.
MI. Pope then moved that the committee rise.
MIR. Duncan asked if the Chair did not understand
the motion, and the object OF it.
MIR. Pope said the object Of his motion was merely TO
obtain a decision Of the House, whether they were will.
ing to transact business upon the Sabbath; and ne would
be willing then TO 60 into committee again, II The House
should decide that it was proper.
The Chair said no conditions could be annexed 10 the
motion; if the committee rose, II must rise positively;
and the House would have it in their power to adjourn,
or TO proceed TO any other business.
MIR. Pope said he had avowed his purpose, and he had
no other object in view.
The vote being taken, the tellers announcing the di.
vision to be-yeas e3, nays 50, and the Chair voting in
the negative, the question was lost.
Mr.. Reed said he had no doubt the House might, in n
case of necessity sit upon The Sabbath; but he would ask
if this was such a case of necessity as would warrant the
House in doing so.
Mr.. Cushman said there could be no appeal from The
decision Of the committee.
The Chair said he had decided that it was in order to
sit, and he understood there had been an appeal from
that decision.
Mr.. Pope said he had moved that tie committee rise,
for the purpose of getting a decision OF the House upon
the oncslion of order. The committee had decided that
they should rise and the Chair ought not to have ar.
rested that decision. He would put it TO the candor
of the Chair, whether he ought 10 have voted, when
the very question to be decided was, whether his own
decision was right. fe wished it decided whether
the House should rush 10 a decision, upon n mat.
ter Of so much magnitude, at that hour of the Sabbath.
He had always voted for appropriations 10 sustain the
Government, and intended 10 do so now. il was no use
TO tell him that II would do no good to discuss the bill;
that debate would do no good. II was insulting TO the
minority. He was willing the Government should have
the money, but he preferred getting 1t IN some other
way and he had moved for the committee 10 rise, Tor
the purpose of having the question decided by yeas and
nays, and in all fairness and candor, he did not think
the Chair ought 10 have voted motives of delicacy, at
least should have induced him 10 let the question be
taken by the House. He would never vote for legis.
latng on the Sabbath, unless there was some pressing
%exigency.
MIR. Thompson said there was no privilege given to
the Chair TO vote in such a case.
Many voices said it was not denied
Mr.. Thompson inquired If there was any rule auiho.
rising u Chairman to vots, unles, in case of equal di.
vision.
Mr.. Duncan said it was granted, because it was not
denied, and the Chairman had a right 10 vote as much
as any other member.
Mr.. Pope said he did not pretend that The Chair had
not a right to vote, but he commended that he ought 10
have withheld it from motives Of delicacy, upon q rule
recognised throughout the civilized world. He now
wished the Speaker would take the chair, pro tenn 10
to allow the House TO vote upon the propriety Of con.
tinuing the session.
MIR. Underwood said the question would be, shall the
decision Of The Chair stand in the Judgment Of the
House; and as the majority was against the Chair, he