Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-03-14
HOUSE OF REPRESENTATIVES,.
Tuesday, March 10, le4O.

~
The SPEAKER said it could only be received By
the general consent of the House.
Mr. PETRlklN objected 10 the reception OF the re-
mort He had no objection to receiving 1t and having
il printed with the report of the majority of the COM
mittee, but he was opposed to letting IN al that uc
to interfere with the question before the House
Mr. Bolts moved I suspension oil the rules, to en-
able him to present the report: and that motion de-
mandcd the yeas and nays; which were ordered
Mr. DROMGOOLE wished TO know what would be
the effect of receiving the minority report lie asked
il the House took any action on t-wether II would
sunors,dc tIlt. business now before the House
The SPEAKER was OF opinion that 1t would mol.
Mr.. TURNKEY: | want TO know what would be the
effect os suspcndng the rules II debate should spring
mp on motion TO print these papers Would that IN
tcrtcre With the pending business on winch thc PreVi'
Gus question had been moved:
The SPEAKER was of opinion that it would
Mr. SMITH Of Connecticut: On behalf of The mno-
rity Of the Committee of Elections, wash to say that
is not our intention to move the printing OF the inno-
ritz report nor to interfere with the other question be-
fore the House
The question was then taken on the motion TO
peud The rules and rcsultcd-yeas l26, nays 20.
So the House refused to suspend the rules.
The SPEAKER announced that the business before
the House was the proposition OF the gentleman from
New York, Mr.. Fillmore
And the following substitute therefor, offered by the
gentleman from rcnnsy lvanla, Mr. Pctrkn, OH
which the prey ous question had been moved
Whereas it appears by the report Of the Committee
Of Elections that Philemon Dckcrson, Peter ID. Nroom,
Daniel B Ryall, William X. Cooper, and Joseph
Kille received the greatest number of lawful votes
cast in the State Of New Jersey, at the election holden
in tha, State for Representatives III the Twenty sixth
Congress
"Resolred That Philemon Dckcrson, Peter D..
yroom. Daniel b. Rvall, William Cooper and Joseph
K;lle are entitled to take their seats the House of
Representatives. as members Of the Twenty Con-
press and that the Speaker of the House, on their pre-
sen,inr themselves qualify them as such: Pr0rdrd,
That nothing herein contained shall prevent the nvcs-
tica,inn INTO said election from being continued III the
manner heretofore authorised by majority of the
Committee Of Elections the application OF the five
M " PETRIKIN then asked leave To modify his
amendment by inserting The words 'Prima tacic upon
the evidence in possession of the committee, TO come
| IN after the word 'stlat, in the second line.
/ The main question not taken, until after great
deal of confusion. Some gentlemen asked to be ey.
cuscd from voting others insisted upon their voting
under the rule Of the House. After some time Mr.
RUSSELL modified his resolution, so to read in sub
stance as follows
Rcsolred, Tina, The House do refuse to excuse John
! O. Adams, John w Allen and Edward Sanly, (and
one other not heard by the Reporter,) from vot-
ing the question pending before the House, aud that
the Clerk call on these gentlemen TO vote.
| Mr.. DROMGOOLE said it not in order to offer
resolution that the House will refuse to excuse gentle
men from voting who have not asked to be excused
1t was also of order TO resolution after the
yeas and had been taken, and before the result
was announced by the Chair. II was not in order to
ncrposc any motion to delay the annuncation of the
result Of the vote that had been taken, When that
suit was announced gentlemen might then, if they
pleased, arragn those members who had been retrac-
tory, and had refused TO vote
Mr.. CUSHING rose for the purpose of confirming
the point of order made by the gentleman from Vr-
ginia rAIr. Dromgooe.l 1t not in order move
that the House refuse to excuse gentlemen from voting
Z Il. .t.,., b,,..
The SPEAKER said the modification of the gentle
man from New FORK not in order.
Mr.. RI SSELL then withdrew his modification, and
observed that he rested on his original resolution
The SPEAKER then stated the question To be on
The resolution of the gentleman from New York, Mr.
Mr. LEWIS WILLIAMS called for the yeas and
NAYS, which were ordered.
Mr. DROMGOOLE rose 10 the same point of or
der on the resolution that had been decided in the mo-
difcation 1t not in order for the House enter
tain motion after the yeas and nays had been called
and before the result was announced Besides, MIR. ID.
said the House could not compel gentleman 10 vote
who declined voting.
The SPEAKER said that no compusion was con-
templacd in the resolutions and that it in order
then to offer it, for that the only time at which it
could BE- offered to have any effect
Mr. DROMGOOLE appealed from the decision of
the Chair The yeas and nays he said, had just been
TAKEN and before the result announced, they
called upon to take the yeas and nays again another
notion and perhaps 10 be followed by similar motion,
should any gentleman refuse to vote. He impored the
House TO save them from such absurdy as that of
again taking the yeas and nays before the result
announced on the question that had been taken Mr..
d. then moved the previous question the appeal,
which havn been seconded and the previous question
put and carried,
Mr.. RUSSELL demanded the yeas and nays on the
main question the appeal; which were ordered and
resulted, yeas 81, nays l03
So the decision of the Chair being reversed
The votes of the members as they severally voted
on the question Of Mr. Pet.lkens amendment, were
called over by the Clerk, and
The SPEAKER announced the result TO be yeas III,
nays ~, as follows
ica>-SIrss hudson Allen Hugh j. Anderson Athcr,on,
Brown, Albert G. Brown Burke Sampson H. Butler William o.
Butler Bynum, Carr, Carroll, Casey Chapman Clifford Coles,
Davis Dnn Doc Domgoole, Duncan Earl Eastman, Ely Fine
nns swkn m Of e. en "e%s na n 1es
Hook Howard Hubbard jameson Joseph johnson Cave John
l.ee Leonard, Lewis Lowell Lucas Mcclellan Mckay, Mar
shand Msdl Miller Montgomery Samuel w Morris, Newhard
Ramsey Reynolds Rhelt Rves Robinson Edward Rogers,
Rogers Sames shaw Shepard Albert Smith John Smith, Tho
mas smith, SaFkweaher Sccnod Strong, Sumter, swrarnecn
sweeny, Taylor, Francis Thomas, Philip r. Thomas Jacob
Thompson, TuEar: David D. WAGNER Wa,cr,on Weller Wick
NaysNesrs Aiord John w. Alicn Andrews, Barnard Bell
n n" G"d sG s,tS oek ss William % capn Garter
Cbh Cranstcn, Crockett Curtis Cushing Edward Davies
rel Davis, Dawson, Dclerrr Dennis De Edwards Evans
Everett Fillmore James Garland, Rice Garland, Gates Gentry
Goss Goods Graham ,irancer Graves Green Grinnell abe
sham. William = Hastings HawrS Henry Hill of virginia Hof
man, Hunt James Jener Charles Johnston, William Cost John
son. kemrsla King, Lincoln McCary, Marvin Mason Mitch
ELL Morgan, Calvary Morris, Nbet. Osborne Pope Pot Ran
dali, Randolph, Raden Rayner, Ridgway RUSSELL Salonsa
sim%ntsn sads Truman smith, SorIs, Stuart, Taiacro, Til
nghat Toland, Trplett, Tumbul Underwood Peter War
ne John White, Thomas W, Williams, Lewis Williams Joseph
L. Williams, Christopher II. Williams, and Sherrod Wians-3
The amendment Of Mr.. Petrikin having been thus
adopted die question required the resolution as
amended
Nh. TURNEY called for The yeas and nays, which
were ordered
The question was then taken by yeas and nays; but
before the result was announced from the Chair,
Mr.. HABERSHAM, who absent when his
name was called, asked leave to have his vote recorded
in the NEGATIVE