Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-27
HOUSE OF REPRESENTATIVES,. Z

The Senate went into an Executive session. ara af.
forwards, adjourned ~
HOUSE OF REPRESENTATIVE ~
The question pending was on appeal taken blythe
gentleman from Maryland (ar. Johnson) that propo.
ston could be submitted while there were members of
the House waiting to be sworn.
| Mr.. CHAPMAN said that he had made motionsthe
other day to reconsider the vote by which the resG3u
ton for the adoption of rules had been laid theta
BILE, which motion had been entered, and yesterday
he had moved that this motion he taken up, but it had
been decided by the Chair that could not be takepp
while the motion then pending, which the reSoln-
ton of Mr.. Wise, before the House, that resoln
ton, however had been withdrawn and another moved,
and he held that his motion to reconsider had prcce.
dence of this latter motion.
The CHAIR stated that the motion had been enter
ed on the Journal he presumed, to enable the gentle
man to bring it up at future time. The Chair, how
ever, was of opinion, examination Of the subject,
that the right TO make thai motion given under the
rules of the House, which had not yet been adopted
it being motion not known TO the parliamentary law.
He would, however, suggest TO the gentleman that he
could obtain his obecthy moving that the rules of the
last House be adopted for the government of this body
which motion would be in order any time when there
was no motion pending. At present, however, there
was question pending on an appeal from the decision
of the Chair, taken by the gentleman from Maryland.
Mr. JAMESON. Do understand the Chair TO say
that the motion to reconsider is not known to the par
liamentary law:
| The CHAIR. That is the impression of the Char
| Mr. JAMESON said, if gentlemen would refer to
the book, they would that that was of the first
established principles of parliamentary law 1t was Of
far older date than the rules of the House. If there
fore, the Chair still held TO the opinion expressed, he
would feel bound TO take appeal.
Mr.. BRIGGS contended that the question before the
House was question of privilege, therefore motion
to reconsider could not be made until it was disposed
of.
Mr.. POPE said the first business under the Const-
tuition which could come before the House, was the
election of Speaker, and the next was the swearing
in of the members. Now, as the members had not all
beech in, other business could come up, until
that disposed of.
Mr.. vANDERPOEL inquired whether the question
of priority Of business not under the control of
majority Of the House, and whether, if the majority
desired to adopt the rules Of the House. they could not
do so now, at any time.
The CHAIR thought il was in the power Of the ma
jority of the House TO adopt rules.
Mr. VASDERPOEL then moved that the rules Of
the last House be adopted for the government of this
House, and that motion moved the previous fnes
ton.
Mr. WISE raised point of order, whether any mo-
ton could be made until the question before the House
was disposed Of
| The CHAIR decided that the motion of the gentle
man from New York could not be made while there
was another question before the House.
Mr. CHAPMAN appealed from the decision of the
| Chair.
| Mr. ADAMS, who was entitled to the floor on Mr.
Johnsons appeal made yesterday, claimed the floor,
and proceeded to address the House
| Mr.. CHAPMAN called the gentleman from Massa
chusetts to order.
Mr. HOFFMAN then and said, if gentlemen
were DESTROYS of adopting rules to prevent disorder
in the House. and relieve the Char from c1nbarrass
mcn without having any other object in view, he would
submit proposition, which would effect the desired
object Mr. ii. then presented resolution, which wos
read that the rules and orders Of the last Congress be
adopted for the of this House, except the
last rule 1.-THE rira roee rule
Mr. VANDERPOEL. The rira rule is one of
great Importance and there be good reason for
laying il aside at this time If the motion which he
had made few minutes ago was in order, he desired
that it might be put to the House
Mr. ADAMS objected to the introduction OF any re-
solution for the adoption of rules until the House had
organized according to the Constitution and laws of
the u. S. BY the act of 22d May, 1889, "the House
of Representatives shall be composed of members
elected
Mr. vANDERPoEL called the gentleman to order.
He had made motion, which had been entertained by
the Chair and the gentleman could not speak
ther question.
Mr. ADAMS said he was speaking to point of or
der, which had precedence of the other.
The CHAIR said the gentleman from Massachusetts,
must take his seat. There was point of order now
before the Chair appeal taken BY the gentleman
from Alabama
Mr.. ADAMS. Does the Chair decide that while I
am speaking point Of order that another point OF
speaking on
The CHAIR said he had decided against certain
motion The gentleman from Alabama had appealed
from that decision and the Chair was bound TO enter
tain that appeal.
Mr.. ADAMS Then may make another point Of
order and if the Chair decides against me, may APP
peal from that decision, and it will take precedence.
Another gentleman may then raise another point and
appeal, and may go on in an eternal Wheel with
out there being any end to the matter
NJ said that the point he had made
with regard 10 the priority of business and if the Chair
entertained his motion, it impossible tor gentlemen
to overcap it andsuperscde it with something else
Mr.. ADAMS commended that the very point he was
DESTROYS of discussing, with regard to the priority
of business 1t that the House could DO no other
business until all its members were sworn.
Mr. CHAPMAN then rose, and stated that as the
gentleman from Massachusetts, anxious to occupy
the floor and he had been requested BY several gen
emcn to withdraw his motion, he would DO so, giving
notice. however, that he would bring It forward again
at the earliest period possible and he hoPea no
would then be made to IT,
Mr.. ADAMS who was entitled to the floor on the
pont of order raised by Mr. Johnson of Maryland con-
tended that it was not competent for the House to en-
terrain the previous question, any other moton' WINE
the question Of the right of the New Jersey members
to be sworn pending. MIR. A. then examined 'ne
constitutional question lin reply to Mr. Pckens to
the powers of the House the returns, elections ana
qualifications, of the members. He argued at some
length against the principles advanced by that gentle
man as the distinction between the returns ana the
elections He said that majority of the House, at that
state of the proceedings not sufficient to decide the
question Of right inasnuch the effect of the decision
was tannount to expulsion, which required by the
Constitution vote of two-thirds. That decision he
said, was illegal, unconstitutional null and void on the
ground, also, that the House. in its then unorganized
State had power, under the Constitution, TO decide
any question: and that under its present partial
organization had not the power to declare that the
gentlemen from New Jersey with the Governors Ger
tca.cs should not participate in the further organza-
ton of the House. because upon the principles of the
Constitution and the laws these gentlemen stood upon
the same footing the other Representatives. and could
be expelled with the propriety by an objection be-
ing raised by those the House had excluded. He then
replied to some of the arguments which had been ad-
vanced as to the respect which should be paid to the
broad seal of State, and said that it was not the mere