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

juring the whole of the last week. In last paper
VIC brought it down to Thursday inclusive, Mr. }. z.
Adams in the Chair. On Friday, Gas we gather from
the Report in the Globe) soon as the House met,
the Journal was amended on motions by NlcsSrs WISE,
Dromooolc and w G. Johnson. The following pro-
cccdings then took place:
The CHAIR stated that the question pending was on
the resolution of Mr. WISE that the Acting Clerk be
directed to call the members Of the House, including,
in such call the members from New Jersey who have
The certificates of Gov Pennington.
Mr. RHETT then rose and stated that, before he sat
down he intended 10 make motion to lay the resolu-
ton of the gentleman from Virginia on the table, tor
the purpose of offering the following resolution
Rcsoircd That the House will proceed to call the
names of gentlemen whose rights to seats not dis
putcd or contested and after the names OF such mem
bers are called, and before Speaker IS elected they
shall provided there be quorum of such present, then
hear and adudge upon the elections returns, and qua
fcaons of all claimants TO the seats contested on this
floor.
This resolution was substantially the resolution Of
frred by the Chairman (Nr Adams at the last session
of Congress: it was substantially the resolution pro-
poscd the other day by the gentleman from Virginia
(Mr Wisc3 it was substantially the resolution pro-
posed Yesterday by the gentleman from Kentucky (r.
Underwood0 and it also substantially the hrst
motion made upon the subject before the House by the
other gentleman from Virginia (Alr Rves) ltwould
thus appear, that the which this resolution
proposes we should pursue, was no invention OF
his, but the result of able minds from different parts
of the House in their search for truth and justice
The resolution proposes Partially TO none, and IN
Jury to the claims of none. II put both sells OF
claimants upon precisely the ootlng while CIV
ing the members whose qualifications were unqueSti"n-
ed their seats tribunal was established by which me
claims of the contestants could be determined. The
case the whole case far the papers your table
contain it. las in the of Moore and Letcher will
then be read, and laid before the House: and which
ever way wc determined, it could not be said that
we acted unfairly, by excluding the testimony and the
grounds by which either party claim their seats Inc
resolution of the gentleman from Virginia, (Nlr WISE
if adopted would give the gentlemen from New Jer-
sey who claim under the Governors commission their
seats without the House having heard single word of
the testimony and credentials by which their consttu-
ents affirm that they entitled to them Is this far:
Will the country deem it fair; Right or wrong, is it
decent, or even polite, to force them away without
granting them hearing: 1t did appear him, situated
as we are that the only equitable honorable course
was such the resolution he offered proposes. Gentle
men must know that there is no precedent precisely
in point guide us, and they ought to meet this qucs
ton i'm spirit ofcompromisc and accommodation. All
that asked to consider the whole matter as present
ed BY the contcstng parties Do not consider part
What can be gained Might great deal be lost
by such COURSE so revolving to the most obvious die
tates of equity II is not to be presumed that gentle
men would claim seats upon this floor without per-
feet conviction of the validity of their claims; and it
was that they should be satisfied, and the country be
satisfied that had carefully examined, and, to the
best OF ability, determined, VINO, IN tnlS
state should take the belonging to New Jersey,
and assist in The permanent organization of the House,
that lr proposed his resolution. He moved that the
solution of the gentleman from Virginia should lie on
the table.
Mr. r. concluded by moving that the resolution of
the gentleman from Virginia be laid the Ia bic.
Mr. MERCER appealed TO Mr. Rhett to withdraw
the motion, but Mir. r. declined doing
| Tcllcrs being called for,
The CHAIR appointed Mcssrs. Dromgoolc and
! Briggs tecrs
| Mr. DRoMGOOLE rose and stated that he had
been called upon by the Chair to discharge duty, and
he wished know how that duty to be discharged
He informed that there were eleven gentlemen
this floor, all claiming to represent the State OF New
Jersey, when that State only entitled to six
bcrs; and who Of these members he 10 count when
the House was divided. He would not take upon HIM
self say which of them should not vote, and if he
had TO act in the capacity of teller he would count
them all.
! The CHAIRMAN (.Ir, hdamsl here stated to the
House what he conceived to be the rule He conceived
the rule to be, that the persons who presented the cv
dcnce required BY the Constitution of the IT, States,
and the laws Of the State of New Jersey entitled
to sit and vote in the House until deprived from doing
so by the act of the House This was his opinion, and
he expressed it with more confidence, because he had
declared before he placed by vote Of the House
in the chair he occupied.
Mr.. EANDERPOEL appealed from this decision
of the Chair, and said the question would then arise
whether the gentlemen from New Jersey would vote
in their own Mr.. V. would like IN know whether
the Chairman lad been appointed for the purpose of
usurpng TO himself the power of deciding the very
question which had been agatIng this body for the
last three four DAYS Was this Chairman appointed
for any such purpose as this: He unprecedented not
He would respectfully appeal from the decision of the
Chair and then would whether these gentlemen
would claim to vote, or be permitted To vote in their
own If so, he would say that il would be no,
only an unprecedented, but n shocking spectacle
nb,tnl To-:
The CHAIR decided that ii was
i Mr.. RHETT then called the attention of the Chair
and the House to the thirty fourth rule of the House
which had been adopted for the government of the
body, in the following words ".yo membr stall rotc
any question The Grant Of 1rhich he IS Immediately
or particularly interested"
Mr.. r. made point 10 the Chair whether, Under this
rule, the members from New Jersey could vote
The CHAIR considered that this rule did not apply
TO the present case, because was not the members
from New Jersey, hut their constituents who III
tcrcstcd.
Mr.. THOMPSON Of South Carolina held that the
members from New Jersey, who had the Governor
Certificate were entitled 10 vote their case and
that it not in the power of the House to deprive
them of that right
| Mr.. STANLY replied to the remarks made by Mr..
Fanderpoel. He had idea that the members from
New Jersey should be deprived from voting what
was called here their own He would leave it to
their good sense to say whether they would vote
upon ~ VI hots but it "Oulu uol utCIlnt
voting on account of any false dccacy. If they dc.
cncd voting this case, he held that they would moi
exhibit the spirit which animated the Jcrscymcn
of the Revolution. If they did not maintain their
rights here, which guaranteed TO them by the Con
stitution of the United States, and the laws of New
Jersey, they would he unworthy of the confidence OF
the people of New Jersey.
MIR. BRIGGS commended that it was not usurpation
the part of the Chair in deciding who were entitled
TO vote from the State of New Jersey The Chair had
Tho of
he bound to do and he had answered it in sric,
accordance with the Constitution and the laws The
Chairman had not usurped the powers of the House
because he had merely decided that which he was bound
TO decide and which he could not escape from deciding
namely, that the five members from New Jersey who
had the evidence of their right under the Con-
sttuton and the laws, entitled 10 on the pre-
| sent question.