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

fcatons OF all claimants To the seats contested this
floor.
This resolution he had stated at the time of intro
ducing IT. was substantially the that presented
by the gentleman from Virginia; substantially the
as the presented by gentleman from Kentucky:
and substantially the the presented the
last session of Congress by the gentleman from Mas
snchuses; and he did expect that 1t would meet with
the support of those gentlemen lie had expected that
every of those gentlemen would rally upon this
resolution, and he had expected that those gen.
tIemen would stand up and oppose, much less had he
expected that they would rise up here and deny the
doctrines set forth in their resolutions, and deny
that was either right proper constitutional parla
menary for the House to make decision the ques-
ton at that time.
Mr.. WISE to explain. BY the resolution of the
gentleman from South Carolina which had just been
read the House decide the elections returns
and qualifications Of ella mant and he den led the power
Of the House. at that stage to go into the elections.
| Mr.. RHETT. The ground the gentleman took in
his argument was, that had right to adiudcate
on this matter, but by his resolution he yielded the
power to the House to hear and decide upon the
missions of all claimants.
! Mr. WISE rose again to explain. He contended
now, he had commended before, that the Clerk
the ministerial officer to compare the credentials which
the gentlemen from New Jersey brought here under
the laws of New Jersey; and when we depnsed the
Clerk, became the ministerial officers We then
became the ministerial officers to hear the credentials,
and decide upon them-tha is, to decide whether they
corresponded with the laws of New Jersey: and his
/
fore was that he had used the terms credentials
tifcatcs and commissions
Mr. RHETT resumed. When this resolution of the
gentleman from Virginia was presented he (Alr. R3
was asked BY member Of the House whether it
ed all the papers on the Clerks table, the certificates of
the Governor the certificates of the Secretary of State
and all other papers the subject: and when the gem
tleman from Virginia found that it did all these
papers, he withdrew his resolution. Now, when he
! (AIr r. proposed his resolution he made OF the
"clections returns, and qualifications, because
hc thought they were the appropriate terms. de con-
tended that the House had again and again exercised
judicial power. When the question IN regard to the
PENNSYLVANIA election up the Clerk, by the con-
sent of the House, read the credentials both sides.
He did not adjudge whether Mr. lngersoll MIR. Nay
lor entitled to the seat but the House decided that
Mr. Naylor was entitled to his seat The gentle
man from Virginia had said yesterday that the gen.
tleman from Pennsylvania Mr. Naylor) could not be
turned out except by vote OF two-thrds; but, SIR,
how did he get into his firmly but by the adJu-
dcaton of this House, and that, too, at a time when
the gentleman from Virginia had contended that
the House could adjudcae upon any matter, be-
fore Speaker was elected, before the roll had been
called over and before the oath had been administered
to the members of the House Mr. Rhett then read
two or three other resolutions which had been sub
mitted bv the gentleman from Virginia at different
stages of their proceedings before a Speaker was
elected in all Of which that gentleman had used tie
terms he House, ''the House of Representatives,
and upon all of these resolutions the action OF the adud-
that gentlemen should bring forward proposition after
propositions and ask to decide upon them, it We were
not House. and had not the power to adud,cate upon
any question? Was il possible that gentlemen would
be guilty of the absurdty Of bringing forward PROPOSE
ton after proposition, which they believed the House
had no power decide; for will be rccollected that
nearly all these propositions were brought forward by
those gentlemen who held that this body had no judi
cia power to determine the matter presented to it.
He had no desire to condemn the course of certain
gentlemen. with regard to their this cues
ton; but fhe might be permitted to express an opinion,
he would say without hesitaor that they had exhibit
ed but very little parliamentary skill They had this
matter in their hands-they had clear majority IN
the first instance in favor of the members from New
Jersey holding the Governors certificates. Then
how it, that when they came to vote, there was
tie upon the question: lie would tell gentlemen
how it happened. When the members OF this House
first assembled here they only looked to the abstract
constitutional principle; and by doing, there was
majority in favor of the New Jersey members taking
their seats upon the returns of the Governor but when
gentlemen threw so much embarrassment in the way,
and went from step to another without coming
to any decision, the minds many gentlemen here be-
gan away from the abstraction, and look INTO
the right and equity of the matter. There was no
doubt If gentlemen had marched up to the question at
once they would have had majority in their favor,
but by sheer bad management and want of parliament
airy skill they had lost from ten to fifteen votes
, Again proposition had been brought before the
House by the gentleman from Virginia, "That the Gre
dentias of Messrs Aycrgg, Maxwell, Halsted sra..
ton and Yorke. are sufficient to ente them to seats
now leaving the question of contested elections TO DC
afterwards decided by the House. Well, he ONT ~
had voted for this resolution although was rejected
bv the House, and when he voted for il, he intended
70 stand by it, But what the course of gentlemen
on the other side' Did they leave the question OF con-
tested elections be afterwards decided by the House!
| No Sir They did not. The gentleman from Virginia
made question of membersh p by asking the Speaker
to swear the New Jersey members In dong this, he
did not pretend say that the gentleman did any thing
wrong but when he had voted for a proposition
10 leave the question of contested elections to he after
wards decided by the House, he would ask if it was
consistent the gentleman to refuse to leave that ques
ton to be afterwards decided, and to make question OF
membership by asking the Speaker to swear IN those
persons The gentleman from Virginia had not stood
bv his own resolutions and with what face could that
| gentleman charge him inconsistency. Was he (hr
r. to charged with inconsistency, because ne stood
by his resouton and could not change as some others
had changed, He trusted not. MIR. H. held that the
Iouse had the power to adudcate upon the question
with regard to the New Jersey members; ana having
done it. it was competent Tor the House to bring up
the same proposition AGAIN
/ Mr. CHAPMAN obtained the floor, and moved that
the House take up the motion TO reconsider the vote by
which the resolution for the adoption OF rules was lad
I on the table.
The CHAIR decided that this motion was not now
Mr.. CHAPMAN appealed from this decision, and
moved the previous question the appeal.
/ Mr.. JAMESON moved TO lay the appeal, and the
questions connected with it, the table; but was un-
dersood to Withdraw his motion.
Mr. TURNEY inquired of the Chair, whether II was
in his power to withdraw the resolution which the gen
tleman from Virginia, according TO previous under
standing moved Tor him. and what would be the eitect
of withdrawing it. He wished to know, whether 1t
would not leave before the House the motion OF the
gentleman from Alabama Mr. Chapman) to reconsider
the vote laying the table the resolution for adopting
the rules.
Mr., WISE thought the resolution having been re.
ceiyed BY the House, could not be withdrawn, without
its consent
/ desutory discussion on the point of order here
sued, in which Messrs. CHAPMAN, BELL, lUk'
NEY, WISE, and others, took part when,
i MIR. TURNEY asked permission of the House to
withdraw his resolution
Mr. WILLIAMS of North Carolina called MI Tur-