The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-14
TWENTY-SIXTH CONGRESS.
FIRST SESSION.
HOUSE OF REPRESENTATIVES.

"WEDNESDAY, Lee IL.
At noon, this day. the members elect 10 the House
of Representatives were called 10 order by their
Chairman, the Hon. JOHN q. ADAMS: and the Jour
nal of yesterday having been read il was, motion
of Mr.. Wise, amended as to state that immedi-
ately after Mr.. Smith, OF Maine had challenged
Mr. MAYORS right to seat, Mr. Naylor challenged
that of Mr.. Smith Mr.. Smith said he had no OBJ
lection whatever, as such was the fact as it had
Cured
The CHAR stated that the pending question was
on an appeal taken by the gentleman from Tennes-
see, Mr.. Turney, from the decision OF the Chair
made yesterday, that the motion OF Mr. Rhett, of
South Carolina, TO lay on the table resolution offer
ed by Mr.. Wise, of Virginia, had been decided in
the ncgatire, the ayes being lis, and the u.s.
the votes of Mr. Naylor, of Pennsylvania, and OF
the Chairman himself being included in the mega
tive votes given.
Mr.. WISE movedthe previous question on the APP
peal, which being seconded, put and carried, and
the main question being sustaining not sustain
ing the decision OF the Chair
TEtLERs we're demanded: whereupon the Chair
appointed MeSsrS Cave Johnson and Carter, of Ten
nessee to act as Tellers
Mr. JENIFER inquired of the Chair whether the
credentials of Mr.. Naylor the Clerks ia
bls1 The reply of the CHAIR was totally inaudible
derl" which Immediately arose
The House then dicided, and Mr.. JOHNSON re-
pored that the ayes were ll2, and though not per-
sonalIy acquainted with allthe members from New
jersey, he was informed by gentlemen around him,
and believed, that the FIVE gentlemen claiming seals
on commissions from The Governor OF view Jersey,
and also Mr.. Naylor, had voted
The noes we're declared 10 be llS, four gentlemen
from New Jersey claiming seats on the certificate OF
the Secretary of State Of New Jersey having voted
SO the vote was--ayes liz, noes llSi deducting
disputed votes, il would be-ayeS log, noes ia. 50
the House decided not 10 sustain the decision oil the
Chair
Mr.. SMITH, of Maine, observed thathe disputed
votes whether admitted rejected would not
change the decision for dropping the four from
New Jersey in the negative, there would ST be a
clear majority of two even admitting all the six con-
tested affirmative votes.
Mr. w c. JOHNSON said that whether they did
or not, stil more individuals had voted as members
from New jersey than the Constitution allowed tc
that Stale; and he protested against the admission
Of their votes
Mr. WISE said that the resolution moved yester
day by the gentleman from Massachusetts,, Mr.
Briggs was the rule of action which the House hat
agreed upon; and it must be observed whether th'
effect of il changed the vote or not The House ha'
no discretion; il must at proceed 10 decide OF
the disputed votes Mr.. w. demanded of the Chat
what was The question before the house
Mr.. TURNEY called fer the reading of MI
| Briggs resolution.
The CHAIR said that his understanding was tha
| the meeting was now todecide, Sriatm, on the rgn
| Of each Of the members pr ucing commission
| from New jersey, name by name.