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

few paragraphs farther in that report, he would find
that the Cha had declared, that those who hold
missions similar 10 that held by Mr. Randolph the
persons who entitled to vote
Tie CHAIR said he had stated that those five per-
who held certificates similar to the member FROM
New Jersey, who had been called and answered TO his
name, were the persons who would, in the opinion Of
the Chair be entitled to vote.
Mr.. DROMGOOLE. Certainly that the de-
cision of the Chair
The CHAIR then propoundcd the question to the
House upon the amendment of the journal when, tel
crs were called for and the Chair appointed Mr. Gid
dings, Of Ohio, and Mr. CrGbb of Alabama 10 act as
tellers-bo:l opposed to the Administration
Mr.. BRIGGS suggested to the Chair, that the usual
course to appoint teller from each of the two
parties.
The CHAIR then named Mr.. Bynum and Mr.. Gid
dings TO act as tellers.
Mr.. BYNUM said he should like to know whether he
TO count those persons whose seats contested
on this floor or not.
Mr.. RICE GARLAND objected to that question be-
ing put.
The CHAIR said that that question had been decided
OH yesterday.
Mr. BYNUE Then will not act as a teller of this
meeting.
The CHAIR said the gentlemen who acted as teers
would please count all who passed between them, and If
any member passed through whose title to seat they
considered contested they should report that fact to the
meeting, and the meeting would decide on the qucs-
ton.
Mr.. BYNUM wished to understand his duty
teller, if he was to act as such He did not think that
the members whose ghs contested IN the House
should under any circumstances, and he did not
think that the Chair had the power To decide that they
had The right to vote. Mr.. B. then refused 10 act as
teller
The CHAIR then named Mr.. Smith, of Maine, to
act teller.
sonally with the members Of the House. and did not
know the members from New Jersey either side,
so that il would be impossible for him to report to the
House whether any persons had voted whose rights
were contested
Mr. RANDOLPH will stand by the side of the
gentleman, and tell him the of the members from
New Jersey on both sides as they pass hun.
The House then divided upon the amendment Of the
journal, and the tclcrs reported lf6 in favor Of the
amendment, and ln7 against IL neither Of the n Jersey
members voting upon the question. So the amendment
moi agreed 10.
Mr. SLADE thcn moved 10 strike from The decision
of the Chair Of yesterday entered upon The journal,
the words, the Chair made this decision with the
greater confidence because c had declared ii before h,
had been placed By vote of the House in the place he
now occupied.
Mr.. PETRIKIN wished to know if it in order
now 20 amend the paragraph which they had Just de-
cidrd they would not amend.
Mr. SLADE then withdrew his amendment
! Mr.. GRAVES then owed to amend the journal, by
stiking out from the declaration made by Mr.. Drom-
goo!c yesterday, the words nnleSs otherwise directed
by the House. Mr.. g. felt perfectly convinced that
that language had not been used by tie gentleman from
Virginia at the time he put the ntcrfo.atory 10 the
Chair, therefore h. desired that might be struck from
til" journal
Mr. WISE hoped his friend from Kentucky would
press this amendment, for he rccocctrd distinctly
that his colleague had uscd the words sunless instruct
ed otherwise by the House.
Mr.. GRAVES contcndcd that if those words had
been used BY the gentleman from Virginia, they were
used after the Chair had made has decisions and not at
III" tim" that he p"Pounac the INQUIRY 70 ''r From &
journal at the place where they were inserted. lie
was the more convinced that the gentleman had not
used these words nj the tms referred to- because he had
the testimony n The facts from the reports OF every
reporter and lcit"r-writcr III The House.
Mr.. DROMGOOlE hoped it was not the intention
IF the gentleman from Kentucky 10 rnprtc 10 hun The
charge Of having made wiiu misstatcnent on the
floor. He strangely mistaken IN his recollection,
if he did not use The words unlcsS ncr% directed
BY the House. He did not know what the reporters
had SAID in relation to this matter and as to what the
cter-writcrs had saId he also uniformed, for he
read but few Of their letters But he thought he had
stated on Yesterday that he did not rise 10 debate the
question: but being called TO discharge duty as teller,
and being unwilling decline discharging that duty,
he had made an inquiry the manner in which that
duty was to be discharged He had then stated that
there present ten gentlemen from New jersey,
VIII had placed their names desks this floor, and
who claimed seats as members and he had asked how
he could decide as which OF these persons were rnti-
tied TO vote He had then stated to the Chair, that IT
he was called upon to discharge this duty he would
count the whole ten members unless otherwise directed
by the House. The Chair he understood hun, had
made general decision TO who should be counted,
when he replied that he did know the members from
New Jersey but he quite certain that before the
Chair made his final decision, he (Ar. D. stated thai
he would count all the members from New Jersey,
less otherwise directed by the House.
| The CHAIRMAN (Mr. Adams) said he certainly un-
i r. al
would count all the persons claiming seats from New
Jersey unless otherwise directed by the House, and it
was because the gentleman had sad that he would count
persons whom the Chair supposed could not const'tu-
tionallv vote that the Chair had made the decision
which had been referred to- There were, as # appear
cd eleven members the floor claiming seats as the
Representatives of the State of " j., when that State
was entitled to but SIX members; and when one OF the
tcrs declared tina; unless otherwise directed, he would
coun, the whole of these eleven persons the Char found
himself compelled that he could only count those
legally and constitutionally entitled to seats. This was
the reason why the Chair made the decision rs he had
made it. Otherwise lie would have decided as he had
done to-day. If it had not been fot that dccara-
ton Of the teller the Chair would have said to the tell
crs that whenever a person attempted to vote whom
they considered as not entitled 10 vote they should
port that fact 70 the meeting, and III" meeting would
decide on the question 1t was this declaration OF the
gentleman from Virginia, that he would count all who
presented themselves, which induced the Char 10 de-
eide that those persons only emitted To vote Wh1
had presented the evidence required by the Constiiu-
ton of the United States and the laws of New Jersey
and in making this decision the Cha: had no d'spos-
ton to usurp the powers OF the House, because he was
perfectly aware that what did take place would take
placc-hat an appeal would be taken from the decision
Of the Chair to the meeting ITSELF and that the meeting
would have to decide it. His decision was merely pro-
ysional and it for the meeting to correct that de-
cson if they conceived it to be in The Chair
conceived this be uspation of the powers OF the
body and in regard the observations which had been
made on the floor, charging him with having COM
mtcd monstrous usurpation, he would only say, N
reply TO the gentleman who made these observations
if they were made for the purpose of nmIdatng The
Chair from performing his duties as he understood them
they were mistaken in regard to the effect which they
would have The Chair would, however, here observe
that in his belief there in this meeting al the pre-
scn time more of heat than of diversity of opinion
upon the subject The Chair made this decision, aware