Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-12-23

Mr.. WISE inquired II the report Of the icllcrs IN
eludcd the votes OF the five gentlemen VIM held
commissioners from The Governor OF Nav Jersey
He understood Iha, they not. aud he there
lore required of the Chair Ia put the question
whether the vote OF these gentlemen shall no count
ed.
Mr. DROMGOOEE. | rise to ask OF Tho ,ellets
whether they have counted all the votes and they
have, demand tina, the vote be announced by the
Chair.
Mr. MERCER roso 10 move Tor u recommends
uon o' the resolution ii yesterday Tor going into the
electon Of Speaker.
The CHAIR said the motion was not in order
Mt WISE, make no mot,on. but wish tn state
the Tact that there are five gentlemen from N. Jef-
sey here, who clam 10 vote, aud therefore ask the
Char to state that fact TO tho House, aud take its
decision upon II.
The CHAIR then announced the result OF the
vote to the House stating the number ofyotes given
10 each person voted ior. The Char then informed
The House that five gentlemen from the State OF New
Jersey, who held the commissions OF the Governor
Of that State, demanded To have heif VOTES taken be
lore the result was announced.
Alter some remarks from Mr.. WISE.
The Char SAID that there appearing not I" DO
majority of votes gwen 10 any one person, hc House
would proceed to vote again.
The Clerk commenced calling the roll FOR asceond
vote. when
Mr.. MERCER rose and interrupted him, and de
mauded OF tue Char 10 receive his motion.
Loud cries OF "ordcr, order aud Ego ON, 90 on
ana mnen confusion throughout the Hail
The CHAIR said that the House was voting for
Speaker, and the gen,leman's motion WINS not III or
der while that was going
Mr., MERCER said he rose toa point of order.
aud demanded decision IT, appeal, said he,
from The decision ol the Chan.
Mr.. WISE. Certainly my colleague has rigln
10 appeal from The decision Of he Chair.
The CHAIR said he could pu, Tho question
this appeal while the being taken.
Universal laughter
IN, ~
when,
Mr.. GRAVES interrupted him again, and obseiy=
ed that he understood the gentleman from Virginia,
appealing from The decision OF the Char. Now
he would yield the floor I'll the House DECIDED
that appeal.
Loud cries of "order, order
The CHAIR called the gentleman TO order, aud
said ihsl he had decided that the appeal could not
be made while the Clerk was calling The roll.
MIR. GRAVES SAID he could not consent. that,
when an appeal was taken from the decision oil the
Char, the CLERK should continue calling The roll.
Mr.. Nicer rose, and made a lew remarks.
which, from the noise and confusion, aud repeated
calls 10 order 1t was mp ssble 10 heat
Mr.. WISE SAID. IN order 10 illustrate the position
OF my colleague will STATE that the Char decides
lhsr he cannot put The question on his appeal while
The election is going on. Now from that very deei.
sion, nv colleague has = tight Ioappeal.
The CHAIR said Tho motion Of The gentleman
could be offered when Speaker was chosen; bn. he
could not take an appeal while the House Was IN the
act of electing a Speaker.
Mr.. WISE. Then here is decision that an ap-
pc al cannot be taken. IL IT not competent for my
colleague 10 take an appeal from the decision
The CHAIR. Certainly not sir. Loud laugh
The CLERK was ,hru suffered to proceed with
the all oil the roll alter winch the ieefs reported
the result of the second vote 10 be-
John w. Jones 1l3
Iohn Beu 90
William e. Dawson IL
Francs w. PIckens
Dixon II. Lewis
George w Hopkins
Mr.. MERCER then rose to a question OF or
der.
The CHAIR said he would now entertain the
question oi order, IL having been IN order 10 re-
csye II when IT WAS first made during the call ofhe
roll.
Mr. MERCER stated that his object in dong so
was that he might move a reconsideration oil the re-
solution OF his colleague, Mf. Wise, which had
been negalived on yesterday by tie vote. lie read
the rule on the subject aud stated that molion 10
reconsider was made by the rules because oi some
error IN the decision, and III this case he thought
ptesuu piIon Of tff0r might be CONSIDERED as
manifest from tic fact that the vote was equally
divided. MI NJ. concluded by moving TO reconsider
The vote by which NJ. Wises resolution providing
for the call Of the New jersey members had been ie-
iecied.
The CHAIR said he considered the genllemans
motion not to be III order, because, the vote having
been a lie vote there was no majority 10 tho case,
and the rule IN the the Char I'd not understand
as applying this case. Ii was undoubtedly III
The power of the House, # they thought proper To
pat that construction upon The rule, 10 reconsider.
The rule is, whenever there WAS vote taken,
member who voted in the majority might move TO
reconsider but IN the present case There was no ma
iofiIy-hpTe was d iie-an equal vote Oh o"th SUES
and the question was declared 10 be lost, only ~
consequence OF the technical rule oi me House.
There being no majoIiy, tho Chairman did not isei
himself al liberty TO consder as IN order. moiion
n,,1e in, sdefallos on either side OF the ques
ton.
Mr. MERCER appealed from this decision
Mr. VANDERPOEL moved the previous qpes-
ton on the appeal. which was seconded UNANIMOUSLY
the uain question ordered, and the decision the
Char sustalned--yeas l47. nays "a.
Mr.. c. II. WILLIAMS moved that The House
adjourn; but subsequently Withdrew the motion.
Mr.. UNDERWOOD renewed The motion, but
the House refused to adJourr.
The House then proceeded TO a third ballot Tor
Speaker, aud the result being announced, II appeared
10 be as follows:
Whole number Of votes 234
Necessary for choice lis
john w. Jones llo
WIN. c. Dawson 1o3
Frances W. Plckens
Dixon II. Lewis
X. NJ. Il. Hunter
John &. Clark
John Q. Adams
John Bell
The House then proceeded to a fourth ballot, and
the result being announced, appeared as follows
Whole number Of votes o34
Necessary choice Ito