The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-19

formal decisioD snd let the suggestion, Accompaned
by the words Of the Law Is read, have its due operation
on tbs minds Of The house. -
Mr. JOHNSON had wish 20 into q debate.
and he would yield with great pleasure to the suvyes
ton Of the able gentleman from Virginia could he do
with consistency aud eonscentlousness. Bot the
gentleman must excuse him. He thought the Speak.,
would encounter no embarrassment let The member,
be the law sequired first TO be done and then
the very thing would naturally be adopt role, !.
order But, according 10 ibe words Of the statute
mem,er appearing could B5t be admitted to h, se,.
bnIi he was sworn He most insis, upon his point Of
order.
The CHAIR suggested 10 the gentleman from Ma,
ryiand, that the readicst way Of arriving al setteo.
Of his point Of order would be suffer the question 10
be taken on laying The resolution Of the gentleman from
Mr. JOHNSON said be had no objection
Mr.. GRAVES and Mr. CAVE JOHNSON rose i.
mniapeously and demanded the yeas and NAYS. wb,rh
were ordered.
Mr. LEWIS WILLIAMS again reminded gen
llemen thai he bad made his motion merely lbat
members might irsl be sworn.
Mr.. yANDERPoEL moved call OF the hons.
[" Oh, no nor
Mr. ". Oh, yes yes Put the question.
The question being put, il was lost without
Mr. vANDERPOEL called for the yeas and nave
| f. Too lale, too late Question, question ~
| The question being now put on Mr. WnLI.ns's
motion 10 lay on the table, The yeas were li6, The
nays ll6.
So there was tie
| The SPEAKER giving the casting vote in The affirm
atiye the r.oion was carried, and the resolution Of
/ Mr.. Dromgoole was laid upon the table
| Mr. CRAIG, Of Virginia, offered the following
resolution:
Resolved, That every member Of the House al r..
representatives. OF the United States ought betor. TAX
/ ing his seat therein 10 produce al Tie Clerks ahe
or 10 depose in The Clerks office The credentials by
virtue Of which he claims his seat; and in all cases
| Of contested elections no member To be permitted IN
vote until The House, upon report Of the standing
committee OF elections, or by the Of the IN ,orly
of The members present, being quorum Of the house
shall have decided which Of the claimants is emitted
/ To the contested seat.
! Mr.. WISE As there lies precisely the same ob
lection 10 this resolution to the last and which
has just been sustained by the house, l. therefore in
accordance with the views expressed BY the gentle
man from Maryland Mr.. Johnson) move 10 Law
1 this resolution on the table.
The motion was carried, and the resolution Of Mr..
Craig was laid on the table accordingly.
The CHAIR now directed the Clerk 10 call the
roll that the members elect might come up and take
the oath prescribed by law. The roll was called and
1 the members coming up, where the delegation was
mol numerous by entire delegations, and where very
numerous, by squads, surrounded the Speaker who
stood in front the Clerks table and were duly qua
lifed-soine kissing the book, others (cbirhy from
the New England Siales) swearing by the upliiled
| hand.
/ When the State of New Jersey was reached, the
| Clerk called the name Of Joseph F, Randolph
Cries oil pass on, and, in obedience to an init
/ nation of the Speaker, the Clerk, for the present.
passed BY that State, and proceeded complete the
calling Of the roll.
! The roll having been gone through, and all the
\ members having been duly sworn,
| The Stale OF New Jersey was taken up, and the
name Of Mr.. Randolph having been again called by
! the Clerk the other gentlemen from New Jersey
having commissions from the Governor, came up
with him, and surrounding the Speaker, presented
themselves TO be sworn. Mr.. Randolph having taken
1 the OATH
The SPEAKER desired The remaining gentlemen
10 pause, he had reserved the question respecting
their case TO be decided by the House
/ while these gentlemen were around the Speaker,
several members Of the House, already sworn, left
their seats and coming into the in front Of the
| Clerks table, stood behind the New jersey members
blu, the cry Of "Order !"' Take your seats ~ being
heard from all sides, these gentlemen Immediately
/ retired and resumed their seats
The SPEAKER hereupon left his station in front OF
the Clerks table. and, having resumed the Char, OBJ
served that difficulty having arisen in relation to the
-sL. =. H.. ....ailne gen.isnen from New Jersey
seats 10 the house. the Chair deemed ii his duty sub
mt the question Tor the decision Of The house. Five
gentlemen from New Jersey, viz Messrs Aycrgg,
Halsled, Maxwell Stratton and Yorke had appeared
Representatives from New Jersey, with the certificate
OF the Governor Of that State, and had demanded be
sworn. Had the question arisen de noro the Char
would not have hesitaed to administer them the oath
OF office. But as certain proceedings had siresdy
taken place IN The house upon the subject and
luton had been passed, or rather negative opinion had
been given in relation to their right Of voting he deem
ed it his duty submit the question The house The
house had said that those gentlemen should not
act members. The Chair left the matter to the
house,
Mr.. WISE. I would respectfully inquire Of the
Char whether any gentleman has objected these gen.
tlemen being sworn Will the Chair now INQUIRE
whether any gentleman objects TO II
Mr. DROMGOOLE. II | rightly understand the
Speaker, he said he left the question The house to de-
eide II so, the question Of ITSELF whether these
gentlemen shall take the oath.
Mr.. WISE. ask whether any objection has been
made by any gentleman here present. whether sworn or
claiming TO be sworn II there no objection pre-
sumo the Chair need put question in the case. but
receive these gentlemen at once, and let them be sworn
The SPEAKER said that he should have deemed
such have been his duty but for the resolution which
stood recorded upon the minutes; but, such being tho
fact, he felt that it more became him to submit this
question Of franchise TO the house. The gentleman
from Virginia, Mr. Wise, seemed TO think that the Chair
ought to have waited until some objection had been
made. but the Chair did not see how this could have
made any material difference, since the question
at last have to the house. Shall these gentlemen
be sworn
Mr. WISE said he had raised the question simply be-
resolution, whether affirmative or negative, pass
ed by this house while in its unorganized had
force obligation Of law upon this house at present.
and because he thought that possibly the house might
in that way be relieved Of all further difficulty in the
matter. He would now move that these gentlemen
manning thcm] be This would at once
raise the question, and the house must decide H.
THE CHAIR required the motion TO be reduced TO
writing
Mr.. WISE. / move ii 10 this negative form, be-
cause sovereign State Of this Union was deprived
OF its vote in the election of Speaker by the same
question having been raised by resolution in the
positive form, the resolution having been lost by
tie. 90 this TO avoid the mere rickery Of form.
will reduce my motion TO writing
MIR. DROMGOOLE. Iknow that have not a
right tothe floor, but with my colleagues permits
sion, and while he is writing out his motion. will