Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-21

Mr.. CHAPMAN rose to make privileged motion
lie desired to reconsider the vote by which the
resolution for the adoption Of rules OF order was a!o
OH the table this morning.
The CHAIR said the motion could not be made UNI
less motion made to postpone the question before
the House.
Mr. RHET'r inquired of the Chair whether he con-
sidcrcd the House bound by any general parliamentary
principles it having refused TO adopt The rules OF INC
last House Of Representatives this morning.
The SPEAKER said his impression was, that me
House was bound BY general parliamentary principles
Mr.. RIlETT then said, that If the general pari'aic
ary law obligatory on the House, this ProPos.:o
of the gentleman from Virginia, III regard TO te view
Jersey members, was clearly out OF oruei ~,
no to all parliamentary law you cannot introduce
proposition which has been once rejected. Inc 'uic
laid down in Jehersons Manual was, when PROPOSE
ton is once rejected, question OF similar character
can be brough before the House. Now lls ques.'o'
with rcpurd 10 the right of the New Jersey members TO
take their seats had been decided by the House. not on
IL once but more than once for he maintained at ''s
BODY was as much House when 1t decided th's cues
ton as il was at the present time, or as ever c'u "
Rv The Constitution of the L. States, as well as ny inc
norl;,mrntarv rule, the House was as much u H"us'
before the election of Speaker after It, and he pre-.
sumed no gentleman would contend that lie erection VI
sneaker would make House. he referred to case
IN n. British Parliament, where it was IL Days without
Snoker vel no one pretended that it was incompetent
70 mass upon questions which might be presented 10
dnrinc that tine. If gentlemen would refer to the pro-
coed;nus of the Parliament of g. Britain, they would
see where that body had decided questions again anu
,roin without Speaker. \ Speaker might be neccs-
orv IN conducting the business of the House, put thc
ant Of a Speaker took nothing from the power OF the
Unrsc. Sir, what have done already: Did not tue
House. at the instance of gentleman from Virginia.
adopt rules for the government OF us Procteu'nssss
We'll were we a House then, or we're We not Dlo we
NOT p.rlorm other duties: And were We House. vi
were we not when We performed those duties: WI
mon pretend 10 say that had not the power to per.
form these duties until you were placed III thal ciatt'
The Constitution Of the L. States says that each House
shall keep journal of its proceedings wen, or, IS
rho journal Of The last two weeks, which is lying upon
roT fable the journal Of the House of Representatives,
or is il no' UnQucsonably, gentlemen VIII not deny
that il is the journal OF the House. Again, the Consttn-
ton saws that the House shall Judge OF the qualifications
elections and returns of its members WE'LL has not The
House decided on the qualifications and returns OF the
New Jersey members; for unqucstonably 1t was
House when it made this decision The Constitution
further saws that the House shall elect 4 Speakcr.-
Were we \ House when were elected, or were we
M, ; He contcndcd that the House had the right
10 decide on the qualification and returns OF ITS mem
bcrs before the election of Speaker and further, tal
the House did right i'll deciding upon The New Jersey
case before speaker was called To the IhaIr J. ne
House had decided the question, and It had decided
AGAINST the right of the New Jersey members taking
their seats and although he had no Instrumcnal'ty IN
making that decision he held that the House, having
once made such decision, II was not competent Tor II
10 open mp the question again, and ne would sustain
that course of proceeding which would put an end TO
the question al the earliest possible period II seemed
to him that it due to the country that We should
proceed now with the public business, winch had al
ready been too long delayed. There was business OF
Greater importance be- performed than discussing TINS
nu.stiou day after dav The President oi the nted
State. was wan. TO send in his Message: gentlemen
of ell parties were looking for IL and the whole people
of the country IRE DESTROYS that should proceed AT
once to the discharge of the duties which dcvorc upon
u, their Representatives,
Nr BRIGGS referred to the resolution which had
been submitted By Mr. Rhcti in the first Instance, and
to tn, discussion which was had upon it While IT was
under dcbur. the gentleman from South Carolina had
been skCd whether he intended by IT 10 preclude an
examination of the New Jersey case. after the election
of Speaker and the gentleman had then said 1t was
no, his intention to preclude examination Of the qucs-
ton after the organization, yet h" now says that the
question has been finally and absolutely settled.
Mr. RHETT rose TO explain. What hc said now
was that YOU could not introduce the proposition
now which had been decided before because the rcs"-
luton now before the House was identcally the same
proposition which had been decided before.
| Mr. BRIGGS con,endcd, that the House had tie
ruth, to decide upon the question as 1t was now brought
up and that the former decision OF the body III ITS un'
organized state would not conflict with TINS resolution
He replied to the argument of Mr.. Dromgnolc and as
serted that there was not to be found, within the last
ty wears single case, either in the Congress OF the
t. s. or in the State Legislatures, where member re-
guarly returned according law, had been refused Ills
seat in the first instance.
/ Mr. DAVIS of Pennsylvania and stated, that q,
the last session Of the Pennsylvania Legislature, two
gentlemen from the eighth Senatorial district OF Penn
sylvan,a had presented their credentials TO the Senate
Of that State made ont in pursuance Of the laws OF the
State vet they not permitted to take their seats
and their opponents who had Eo credentials al All, nag
the seats given TO them. -
1 sir RINES of Va also referred to III the Nir
rina Legislature, where the persons holding the ccrt
iicatcs were not permitted 10 take their seats.
Mr. BRIGGS resumed his remarks, referring TO Tie
book of contested elections and declaring that there
was no precedent in the sxtysx there laid down
where member having the legal certificate was pre-
vented from taking his seat.
' Mr. DROMGOOLE admitted that members were
pcrm,tcd to take their upon the evidence they
produce if no question raised TO their right to thc
seats; but he mantcincd that where the question
Iht was raised the House must decide IT before quail
ica,on IN support Of this position, he referred L
. the cases Of Edwards Richards, and Moore ant
Letchrr
! Mr.. BARNARD obtained the floor, and moyed al
adjournment.
The House then ad journed
Hcdnesday, bcccmLcr l., is3?.
r IN SENATE.
: a messagc was received from the President OF the 1
z States.
d Mr. DAVIS submitted the following resolutions
Rcsoired, Tha, the Secretary Of the Treasury be in
! structcd to inform the Senate
: l. What duties have been cxactcd of any vessels o
the United States employed in the whale fishery, 10
tonnage; the produce of such fisheries, and So un
0 der g.hat authority.
o Hhat papers were furnished to such vessels be