Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-17


The CHAIR 81 d i would now be for the House 10
decide whether Mr.. Naylor should 9 counted
Mr.. DIT Moan then called for the re- d ug "f the
thrty-iourh rule Of the House which was read as fol-
lows:
"No member shall vote on any question in The event
Of which he Is immediately particularly Interested.
MIR. + Thnmas and Nlr. Fillmore we're then appoint
ed tc!lcrs, and the vote IL, the
disputed members from New Jersey voting, but their
votes could not change the result So the House decd.
ed that Mr. MAYORS vote should be counted.
Mr. WISE. Now read the next man III the atfirma-
tive.
The CLERK then read the name of Mr. Aycrigg.
Mr. WISE. | move the previous question in his
case, and call for the read no Of his credentials
Mr. TURNEY. Is il the intention to read the ere.
dcn,nls SIDE only:
Mr. WISE No. read alive will hear al.
The CLERK then read the credentials in the G:
Mr. Aycrgg.
The credentials Of Mr. Aycrigq being read,
The certificate of Mr. Wcstcott Secretary of State of
the State OF New Jersey certifying that Mcssrs Rya!l,
Cooper, Dckerscn, Vroom, and kl!c, received mn
lorty Of the votes, was also read; after which,
Mr.. WISE called for the reading of the laws of New
Jersey r'gulat;ng the elections in that State, and
NIr BlNuM called for the reading Of the second and
fifth sections of the Constitution, providing that each
House shall be- The Judge Of the election, returns, and
qualification Of Is members; al Of which were
read
The CHAIR being about to put the question,
Mir. Bi NJ VI raised question Of order. He wanted
10 know II III" House had not already s1cmny doc ccd
that the votes ofthc members whose seats con-
tested should not he counted lie thought therefore,
that this question could not he taken second time.
TcI!crs then called for, and M">srs. Cooper ot
Georgia and Pnrmrnt"r appointed.
Mr.. AlCRiGG announced TO the House that he
would not vote in his
The question then taken whether Tie votc of
Mr.. Aycrigg should he counted, on which the .ciers
rrportcd-ayes lI7-Messrs Maxwell, iorkc, Hal
stcd and Stratton whose seats contested voting
with the ayes: and the to be .2-tirer members
from New Jersey, McsSrs. klle, Cooper, and Rya
whose seats contested, voting in the NEGATIVE
The CHAIR then announced the d, cisIcn If the
House 10 lie III ayes, which, " III th" vote OF the
Chair made i III The affirmative, and l2 votes IN the
negative.
The CHAIR considered this decision Ct 'lss House
utterly unconstitutional.
IRoars Of laughter, and mrch noise and confusion.
Nr DROMGOOLE considered the declaration made
by the Char, that the dccs Just gwen was uncon-
st,tut ona 10 be direct reflection on the House
The CHAIR proceeded Four # these who voted
in the aiirmat members from the State Il New
Jersey, wl seats infested, and three Ct those
who VI ted III tie ncgat V" Were gentlemen who cen
tested Their he ecsion OF the House deprived
sovereign State of us ght 10 say through MS c1nsti
tutrd authorizes who sh, ud he lis Rcprs"mta'iv" On
hat floor; and II was, therefore, IN the cpn on # III"
Cha r unct nall Tut, nasn.uch tie meeting
in lis prcst nj imperfect state, had The ught proper 10
make the dec.son, the Char would acqu cscc IN 1t,
and announce the result; VII CHI was that tie vote n
Mr.. Avcr.g should not BE- counted. Much laughter
and C nj nucd c,nttsonl
Mr.. SHIT II ot Ma ne then asked who was next;
The CHAIR rrpl ed Mr. Maxwell.
Mr.. WISE moved the previous question, and tint 1t
be taken orally.
[Crles Of "No, no tecrs
The House hay NO ndcd the previous question
MeSsrs Parm' inter- and Cooper Of Georgia ar-
pointed tecrs, and the que 81, talk whether tie
Of Mr.. Maxwell should lie count d, On VII ch the
tellers reported 10 ayes Messrs. Has;ed, Yoke and
Strat:cn, vet ng IN The aif mat We; md IL IS, 70
gentlemen whose Sc Is sute vet nc n the mega
The CHAIR thcn announced Tic dccs on of The
II that the ct Mr.. Maxwell should not lie
counted.
Mr. WISE rrc =, scd, with the general cr tire
House, take the Gutstic 10 count ne the votes
the ether three gentleman, Nessgs iialstcd lotAr n"
Staten, together.
Tn having been agreed -, the question was taken,
and the tccrs the last vote reported that
there were 10 IN the affirmative and III in the mega.
We no contested members vot ny either SIDE.
The CHAIR then ann nnced TIE tcc.sGn OF the
House that the vtcs Of lessrs. Halsicd, iorhe and
Strattcn shc uld not be counted
MIR WISE next called r the question whether the
vote Of Mr. ngcrs Il should te counted, and Ii cues
ton was dee dcd the negatVc--ayos n"nc, nays l33
The next question taken whether the votes OF
Messrs. d ckcrs n; Nroom, Ryall, Cooper, and X lie
should be counted, and III was decided IN the mega
t:ve-ll3 NAYS, ayes n ono; when
The CHAIR announced that the votes OF tEese gen
temcn should not be counted, and went On 10 sly that
the appeal rom the 81 the Char, that tic vote
Of lIr Naylor shc lid he counted, made by tie ME
man from Tennessee, had tccn dec dcd against the
Chair but, in the pr Of that d cscn, the House
had dec d, that that very vote should tc ad
thus, in effect, affirmed the decision of the Char.
Mr.. WISE then 81 d that the dec s!on lust made by
the House brought back the questicnto lis resolution,
for it had decided that the vote Of Mr. Naylor "l' H!a
be counted, and the made tc on the motion 10 lay
resolution on the table lie therefore called for tue
previous question on IT.
The CHAIR then stated that the question tc!crc TIE
House was the previous question the resolution of
the gentleman from 'rg ma
Mr. PICKENS said # that was the question hei"r"
the House. he hid IN his hand amendment 10 the re-
sontiCn of the gentle man from Virginia ana therefore
ne would vote against the previous question.
The aucstrn then taken by tcllcrs, MesSrs Cav"
johnson and Peck, nsccta there was scc' nd TO
the previous question; and they report ng ayes ara
3 noes the Char vCt, IN the affirmative, and, there
fore announced that the call for the previous question
was seconded
The quest on was then stated by the CHAIR 10 hc,
'whrthcr the man question shall now be put
MIR. VANDERPC Ell called fer tc!crs: and amid
loud cries Gf"no, nc no iclltrs.
Mr.. EANDERPOEL sud he would Withdraw IL"
cali e, tcllrrs II the House nd permit H." aucnd-
men, Of the gentleman from South Carolina to he
read
Cries. Of sno no, tcllcrs, tcllers''
The same tcllrrs then apponted-Ncssrs Sovc
Johnson and Peck; who, acr count No, reported ~
ayes and ~ noes 50 decided that the man ques
ton should be put.
The ms question was then stated by the Char 10 L.
on Mr. Wises resolution, follows
RcSorcd, That the Acting Clerk Of this House shall
proceed with the call of the members from the different
States ofhc Union IN the usual way call ny the Names
of such me bers from New Jersey hold the regular
and legal commissions from the Executive of that
State.
The ayes and having been called for en- different
sides Of the House,
Mr. WISE sa d, let have the ayes and noes
We have purged the House, and there is now no OBJ
lection.
The CHAIR said that by the general consent OF the
House, the ayes and noes might te called
Which being agreed 70, the question was taken IL