Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-11

erred 70 the Committee Of Elections and that the sai
committee proceed examine the returns, ana al
other testimony which may be submitted to them, ac-
cordnu 10 the rules and orders OF the House ana nat
said committee first decide and report to the Rouse
who are entitled TO sit and vote as members by the re-
| turns.
MIR. DUNCAN inquired whether these resolutions
were in order lie offered the other day, which
was decided be in order, precisely similar IN Us
terms 10 the first resolution Of the gentleman from
| Tennessee. "a,
man were only read for the information Of the House
/ Mr.. VANDERPOEL asked if he understood the
gentleman from Tennessee correctly, saying that
/ Mcssrs Dickerson, Vroom kile, Cooper, and kyai!
claimed their seats without reference 10 tie Soh'-
tee of Elections
/ Mr. BELL understood that these gentlemen had
marked their seats on the floor, exercising tie
frankng privilege, and received stationary from te
Clerk all Of which privileges belonged only 10 L ,g
they still claimed their rights members, or whether
they abandoned them. If they had abandoned their
RIGHTS they were liable to serious penalties for exer-
cisng the privileges they did
Il Mr. RAMSEY said, he should like to know whether
this was privileged motion or not; because the other
d,y when he offered petition from the citizens of the
Third Congressional District of Pennsylvania, clam.
inr their right to be represented here by the person
they had elected, and asking an investigation into the
| frauds by which person who not lawfully 4 Re-
preventative (Mr Naylor) had taken his seat here, II
was decided that this petition could not be received
without suspension of the rules: and when the qucs
ton was put on the motion to suspend them, the gem
eman from Tennessee, who now raises this question
of privilege, voted against the suspension
] The SPEAKER said that the motion of the gentle
man from Tennessee not, his opinion, of pri-
vilege The only question OF privilege arising out OF
this case which would superscde the motion of the
| gentleman from South Carolina, would be the coming
forward of the five gentlemen named and their claim
ing to be sworn We're they to come forward and claim
10 be sworn the Speaker would consider IT question
of organization and would feel il to be his duty TO de-
eide II pre- v;ous entertaining any other question:
lie could not, the gentleman from Tennessee Intiia'
ted consider this privileged question oh The ntor-
nation Of gentleman rising III s place. but the MEM
bcrs claiming their seats must of themselves come for
ward and ask be sworn, and then he would consider
it question overriding all others, and would decide
upon il at once The motion of the gentleman from
Tennessee, in his opinion could moi supcrscde that OF
the gentleman from South Carolina.
Mr.. RICE GARLAND appealed from the decision
of the Chair Assuming the position Of the Chair to
be correct he would ask by what authority did the gen
tenan from South Carolina offer his resolution. If
Mr.. Dickcrson and his associates did not come for
ward and claim to be sworn what right had the gem
tcman from South Carolina TO 10 send their case
to the Committee of Elections He understood The
gentleman from New York, [NIr Vandcrpocll TO state
that these gentlemen did not claim the right 10
take their seats.
| Mr. NANDERPOEL asked leave to explain what
| he did say. lie nemucTS from .NeW Jersey, AcSSTs
Dickerson and others, were disposed to submit TO the
expressed will of the House, the decision made in the
case of their opponents. They regarded that decision
as indicative OF the determination OF the House TO per-
nit neither Of the contrasting claimants to take their
seats unit! investigation BY the Committee Of Flee
tons.
Mr.. CAMPBELL said the gentleman from louisa.
ma asks by what authority introduce This resolution.
1t is known 10 all THAT the State of New Jersey cnt
tied TO six Representatives. and that she now has but
h,aT 1.lt hat -, Al,
ants 10 the five vacant shall be admitted: and
since that decision they had waited from day 10 daY
without receiving any petition memorial the sub
ect from either OF the cOntending parties He thought,
therefore, the duty Of the House 10 ascertain
and decide who entitled to take the vacant seats
members from New Jersey, and he also thought that
the duty dcvolved Oh him. rs chairman Of the Commit
tee Of Elections, to submit the resolution.
| Mr.. GARLAND contended that the House had no.
thing TO do with these matter until the five gentlemen
come forward and demand TO be sworn in members.
The House had decided that the other five should not
be permitted TO take their seats, and il had nothing
further do but to inform the EXECUTIVE of New Jcr
sev that the five seats are vacant.
/ Mr. POPE agreed with the gentleman from South
! Carolina and thought that his motion privileged
one He had prepared set of resolutions himself,
which lac should have submitted this morning if he
could have got opportunity OF doing so, and IN sub
hitting ii, he should have contcnded that IT
privileged motion Indeed, he viewed il question
of the highest privilege, and he hoped the Speaker
would decide 1t 10 be 50, and by this means bring the
matter directly before the House. Mr. F. then sub
mtted the resolution, which read at his request Tor
the information of the House.
/ Mr. FLETCHER of Vt. said that the gentleman had
predcated privilege question upon mere rumor, and
that no question of fact before the House upon
which to base such motion; that the question could
not arise unless the claimants presented themselves to
be qualified which had not been done
r MIR BRIGGS supposed that the question before the
House was the resolution Of the gentleman from soutl
Carolina and lie des@ that it might be read [Thc
resolution was read accordingly If the Chair did mol
!; decide the resolution to be privileged motion, he
conceived il to be of the ghcst order, he hoped
would be received with the unanimous consent of the
, House.
$ The SPEAKER said If no objection was made, the
rule would be considered suspended by general con
SENT and the resolution as before the House
No objection being made,
: Mr.. ADAMS said he had no objection to the adop
ton of the resolution; but he would suggest to The
Speaker and the House that there appeared TO him Il
be preliminary resolution which should first occupy
: the time of the House. That it should be made tn,
: duty Of the Speaker 10 inform the Governor of New
y Jersey that this commission had been rejected by thu
House 1t appeared him that it the first stcl
that should he taken. Party principles and party IN
terest he said had deprived State of its representa-
ton and due that the Executive Government o
that sovereign State should be informed what had beer
done by this House, and why it had created vacancy
and had excluded FIVE of its Representatives,
= MIR Hoffman here was, by general consent, permit
ted to make report rem the Committee on the Rules
which was ordered to be printed and made the order
\ the day for Thursday next.
= MIR. Banks presented some documents on the same
subject which were also ordered to be printed
! Mr.. FILLMORE desired to know of the Chairman
of the committee what evidence there IN possession
" of the House upon which the resolution was to ope
rate He had recollection that any had been offered
and he did not understand that there any mode by
: which evidence could be before the House but BY 1T
being presented to it, He wished also, to know of Thu
chairman whether he proposed to refer to the Commit
tee of Elections the whole case, the simple question
as TO who were entitled to be received in the first in
y stance as sitting members He wished to know II TIT
gentleman proposed to keep the seats from New Jersc.
vacant until decision should be made to who were
duly elected, or until the committee should report wh
were entitled to take the sitting members unde
the returns.
Mr. CAMPBELL replied that the credentials o
: the Governor had already been presented 10 the
LII oa ;indtl attL H. L.