The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-08

This opinion strengthened by the advice OF apie
counsel before and since my arrival here entertain
the same opinion STILL bot will submit 10 the decision o.
the House IN both cases without murmur
Very respectfully, your obedent servant,
GEO, w. JONES.
Hon JANIS X. Polk,
SPEAKER Of he House Of Representatives..
The letters having been read,
The SPEAKER, with the permission OF the
House made a brief explanation OF The course of
the Sergeantat- Arms and the presiding officer Of
The House.
By The journal Of the extra session. al The opening
OF the present Congress in September, 1887 II APP
peared that George Wallace Jones appeared as the
delegate from the Territory of Wisconsin, was
sworn 10 support the Constitution Of the United
States and took seat in The House" No certif-
Gates OF election Of members or delegates were pre-
sented at the time of qualification, and lie Speaker
could not know under what authority they took their
seats Mr. Jones was sworn and look seat
AT the commencement Of the present session, Mr..
JONES appeared in his seat claiming to be the ghlful sit
ting delegate from Wisconsin When the claim of Mr..
DoTY presented. Mr. JoSEs in his place and
asserted his right. The House, by its acquiescence,
recognized him the sitting delegate, and took order in
the case referring the claim 10 a seat the delegate
from Wisconsin 10 the Committee Of Elections. Mr..
JONES continued in his the sitting delegate He,
at various times the Journal shows presented petit
tons and resolutions and participated in the business OF
the House, as the sitting delegate. This permit
ted by the acquescence Of the House. until the right TO
the scat was decided by the House. Whilst Mr. JONES
thus the sitting delegate his seat, in discharge Of
his duties such the Sergeanat-Arms or the presl-
ding officer had night power inquire whether ne
was righlully there, That was question which the
House alone could decide The law regulating the pay
Of members and delegates, for aught that appeared Of
record, entitled him TO his compensation until the time
he ousted by vote Of the House lie called for
his compensation, and neither the Sorgeanta Arms
the Speaker had any discretion to refuse it under the
law. The check Tor his compensation was made out IN
the usual way by the Sergeant Arms, and signed
under the law. Since taking the Chair this morning,
the letter from Mr. JONES had beeh laid his table
And the question Of compensation, under the
oluton before the House. open The
House alone by its order refuse the compensation
Under the law the Sergeant and Speaker cannot Tho
Speaker expressed the hope that the House would de-
eide the question: and thus relieve the subject from all
doubt and embarrassment
A debate followed The resolution was advocated
by Messrs MASON, of Ohio. GIDDINGS, and was
opposed by Messrs WISE, BOULDIN, BRONSON.
THOMAS, CALHO0N, Of Kentucky, and POPE,
the latter of whom Concluded his remarks by demand
ing the previous question. but withdrew the motion at
the request of Mr., BTDDLE, and the pledge Of that
gentleman 10 renew it.
Mr. BlDDLE, according to promise, followed his re-
marks (Which highly complimentary to Mr.. JoNEs)
by moving the previous question. Il was seconded,
put, and carried
MI QeHldHueu yeas Udys VII VIC
main question, being the adoption Of the resolution
which were ordered
Mr. THOMAS inquired Of the SPEAKER whether, in
the resolution should be rejected, he would
slider it as authority to pay Mr. JONES his pier diem and
mleagel w..
The SPEAKER replied in the affirmative.
And the question the adoption Of the resolution
was then taken, and decided in the negative: Yeas
80, nays 96.
So the resolution rejected. " -,.@,.
Mr. THOMAS asked leave to offer resolution to
the effect that the Committee the Judiciary be in
structed to inquire into the expediency of altering
the law to prohibit any Delegate sitting than
two sessions Of Congress the election and TO
render clear the law as to the commencement of
the term of such Delegates '
Objection being made, Mr. T. moved to suspend the
rules to enable him to offer ii but the House refused
TO suspend the rules
Mr.. STANLY moved an adjournment. Lost
Mr.. HANLAN, Of Kentucky, asked leave to offer the
following: ..
Resolved, That the Secretary of War be directed to
communicate to this House statement Of the final set
Element of the accounts OF Lewis Cass, late supernen-
dent Of Indian affairs; Of the annual salary of said
perinendent and of any extra compensation commits
sions other allowances and above his annual
larry, which have been credited allowed to him the
Treasury Department
Objection being made, he moved to suspend the rules
to allow him to propose the resolution and demanded
the yeas and nays which ordered by the House.
Mr.. POTTS moved an adjournment. Negatived
The yeas and nays being taken suspending the
rules to admit the offering this time Of the above
solution, resulted follows Yeas 1875, nays 81
So the rules were suspended -...
Mr.. HARLAN having offered the resolution,
Mr.. HANER, Of Oh:o suggested, as amendment,
to insert .",+..
g And at what time, and under what law or rule of
the Department, said allowances were made" '
Which Mr.. HARLAN accepted as modification Of
his motion H.. ~r.
Mr., MCKAY moved to amend the resolution by in
sertng-
Together with any opinion which may have been
given BY the Attorney General in regard said accounts
or claims"
Mr., Mex. accompanied the motion by some remarks
very mperecy heard in which he stated opinion Of
the Attorney General in reference to the matter in ques
ton, and what had been done in consequence Of it.
At the suggestion Of Mr.. ADAMS, verbal altera-
ton was made in the amendment Of Mr., Mckay, by
substituting the word ALLOWANCES" instead Of "claims y
The amendment of Mr. Mckay then adopted
Ayes II, noes not counted
The resolution Of Mr. HARLAN, as amended, was then
agreed to. ,..r
The SPEAKER laid before the House letter from
the Secretary of the Treasury, transmitting copies of
the returns rendered to the Treasury Department. agree
ably to law by the Incorporated banks Of the District of
Columbia showing the state Of their affairs at the close
Of the year 1888.
Mr.. MILLER wished to offer resolution; but, be-
fore leave was given,
The House, on motion, adjourned
On Friday, the SPEAKER laid before the House
report from the Secretary of War; on the petition of
Elizabeth S. Bell, referred to him on the llh May
last ~"
Also letter from the Secretary OF State stating that
report has been received the Department Of State
from the commissioners appointed survey and the
boundary between the State Of Missouri and the Ter
rtoy Of Iowa. called for by the House on the 3lst De-
cenber ult .
Also letter from the Secretary Of State, transmit.
ting list of names of the persons EMPLOYED as clerks