Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-27

fraud, but gentlemen had suspicious that there was
fraud behind it, but unwilling to extend their s,s-
pcons to the ballot box where there was fraud by e-
gal votes. He did not know which OF the suspicious
was founded in TRUTH whether in illegal votes, or IN
making the returns; and il was question which was
to be decided by the House judges hereafter; and,
in the mean time. the gentlemen with certificates
should have their seats. He said, TO support hun IN
this position he had higher authority than the law of
the British Parliament which had been frequently
cited. He had the authority OF Blackstone, which goes
far to say that fcvcn sheriff returning officer
should be brbed to return person other than the one
elected that the person thus returned should be per-
mittcd to take and occupy his seat until the return
should be proved illegal This, too, part of the
law of Parliament. Mr. A., after arguing on this prIn-
cple for time hoped that this question would be
settled not by arbitrary will power, but by adJudi-
cation He congratulated the House the selection
had made of Speaker; that he had been taken from
nctherof the great contendng parties. He considered
Proridentia interference that this election had
terminated in the way if the five New Jersey
gentlemen had been permitted to take their seats 1t
act Of retributon on the party that excluded
them.
Mr. ADAMS had continued for some time with his
remarks and had been discussing the merits of the
principal question, reviewing the course oil the fouse
in regard to the New Jersey election case; when
Mr.. FRANCIS THOMAS rose to point of ORDER
which he reduced to writing, as follows:
Because the question before the House IS on an ap
peal from the decision of the Chair, that "thc motion
to take the previous question IS not IN order until The
rules of the House adopted, and when there are
members present who desire to lbe sworn; and the
gentleman is discussing the merits of the New Jersey
election and reviewing the proceedings of the House
on the New Jersey election.
The SPEAKER gave it rs his opinion that 1t was
not competent for member, while addressing the
House on the question of the appeal, then before it, to
enter into the merits Of the main question: he had
allowed 1.-THE SPEAKER sad) the gentleman from Mas
tn urea
consistent with parliamentary law BECAUSE on the
question of order now raised, the House
yesterday permitted the gentleman from Maryland
Mr.. Johnsonl by almost unanimous vote, to take
very wide range in the course OF his remarks. AS
the point of order, however, now raised by the
gentleman from Maryland, Mr.. F. 1homas,] the Char
must eiterate his decision of yesterday, and say that
the gentleman from Massachusetts, not in order
Mr.. FRANCIS THOMAS then moved that the gen.
teman from Massachusetts be permitted to go on with
his remarks order and proceeded to give his reasons
for The motion.
After some remarks from Messrs. POPE, JANE
son, and MERCER, and repetition of his decision
by the CHAIR,
Mr. JAMESON stated the question as he understood
it. The gentleman from Mary (Mr. Johnsonl yes
erdav took an appeal from the decision Of the Chair,
that he could entertain the motion for the previous
question while the point Of order raised by HIM IN rea-
ton TO the swearing in of the New Jersey members
was before him. This being the simple question before
the House. he would object to the gentleman from Mas
sachses travelling ont of the line of debate Prescro-
ed by the Speaker The gentleman from Massachu-
sets ought not to be permitted to speak on the merits
of the main question, and spin out his argument on mat
tiers which they had heard repeated one thousand tunes
Mr. MERCER said he knew not what right men,
Der had to move that another member should DC per-
nitted to proceed with his remarks, when he had not
been pronounced by the Chair TO be out OF order Inc
motion Of the gentleman from MARYLAND Mr.Ihopasl
Of order and was not sanctioned by any OF te
rules of the House.
The SPEAKER informed the gentleman from Fir-
gnia MIR Mercer that he had pronounced the MEM
Der from Massachusetts Ia be out of ORDER but al the
same nc stated that he had permitted hum to indulge
in wide range the course OF hIs remarks, because
the House yesterday permitted the gentleman from Ma
rvland to take the same The member from
MARYLAND having now raised the point Of order with
regard ~ the course Of the remarks OF the gentleman
from Massachusetts, the Chair obliged to pronounce
the latter out of order
After few remarks from Mr.. MERCER,
The SPEAKER said he conceived the gentleman
from Maryland to have appealed from that decision OF
the Chair which permitted the previous question 10 be
called in the present condition of the ousc-that s,
as stated in the point of order raised by the gentleman
from Mary land, when there were members here from
the State of New Jersey, waiting TO be sworn Now,
the view which the Chair gave of that question ycster-
day. and which he still entertained, was, that the very
question which they were trying, was the question OF
the rphl Of these gentlemen to be sworn and to arrive
at the decision of that question, they must proceed &C
cording to the rules Of parliamentary law One OF
these parliamentary rules the previous question:;
and the Chair, by deciding that the previous question
could be entertained gave decision which would iac.
ltate that of the main question. :,
Mr. BYNUM rose to ask the gentleman from Mary
land Mr. Thomas, to withdraw his question OF order,
and 10 permit the gentleman from Massachusetts to
proceed with his remarks. lie tired, he said, of
this continued game Of sshde and seek" We have,
said he, been going on for weeks in useless and IN
tcrminabe debate, and nearer to the end than
when we started There appeared to be disposition
on the part OF many members 10 meet lh's questo d"
he for one was willing and ready to meet it, The ar
gumcnt hitherto, had been only on one side; ana ne
il was time for something to be said on the other
The gentleman from Mass. proceeding to-day pre-
cisely the gentleman from Maryland was permitted to
do Yesterday by an almost unanimous vote OF the House
and he would ask then, where was the proPrety OF call
inc gentleman TO order for taking too wide range IN
his remarks and then, by solemn vote OF the House,
permitting him to go with them, and take as wide
range as he pleased This he thought, was too much
like trihng with the serious questions before the hody
IF the gentleman from Massachusetts, was permitted to
qo on by vote of the House, would 1t not be unjust
to the rest of the members to refuse them permission to
answer him. He hoped, therefore, the gentleman from
MARYLAND would withdraw his point OF order, and that
the gentleman from Massachusetts,, By the general
consent of the House, might be permitted to go on
with the utmost atitude and that those who wished 10
answer him might he allowed the same privilege: II
The gentleman could not be answered, he would be
willing to vote with him; but the gentleman could be
answered. and he, for one, was ready to answer NM
Mr.. FRANCIS THOMAS observed that the gentle
man last up, mir. Bynum,l had expressed wish to
participate in this debate and there were other GENTLE
men also, who wished to engage init lie was wen
aware Of this and for this reason, he had MS
point of order to arrest the wide range the debate was
taking, and to confne gentlemen to the single question
before the House 1t with the greatest reluctance
L hal VITO IN
from Massachusetts was taking, and he did it with
greater reluctance than he would so act towards any
member of that House. But he did it because # the
debate was suffered to take this latitude there "onld
he no knowing where would end, and the great nte
sts ne The nation would be neglected. He voted yes.
t tesda for his colleague to proceed in order and would
vote to-day that the gentleman from Massachusetts h1
might permitted to proceed in like manner ,od s o1
iect was however that every gentleman who TOOK part
IN the discussion should be restricted to the UNITS pre-
scribed by the Speaker that is confne himself to o, a
discussion of the question Immediately before lhe
.haIx rha