Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-01-07

W
The Journal q yesterday vas then read,
~ DrOmgoolc submitted he following res
Resolved, That the standing faIss and or
defs Of the last House Of Representatives be
adopted as the rules and order Of proceedings
Of the House.
Mr.. Williams, Of North Carolina, moved to
lay this resolution on the table until the men,
bers were first sworn.
Mr.. w. Cost Johnson referred to the law
OF 1I69, to show that this resolution was mad
misslble at the present time, that law declaring
that the members shall take the oath ofof7ice
before they proceed to business. He Therefore
made point of order, ak to whether this reso-
luton could be .enfertalned at the present
time.
Mr. Dromgoole stated that he had moved
tins resolution with view Of avoiding all diff
cuty m case any question should arise in the
course Of administering the oath to the men,
befs With regard to the law of 1889, he
would ask where was its obligation when we
were two weeks acting rs Tnemhers Of the
House OF Representatives. and adopting rules
for our government without having the oath
first administered? He thought it was due to
the House, and due to the Speaker, that rules
OF order should be adopted at the earliestposs
bic period, IN order that the business Of the
House might be conducted according to rules of
order, usuaIin all deliberative bodies.
Mr.. w G. Johnson would yield TO the re-
quest OF the gentleman from Virginia, If he
could conscientiously but he held that the
law m this case was imperative.
The Speaker suggested that the better way
OF deciding upon this question would be on the
motion to lay on the table.
Mr.. w. c. Johnson then withdrew his ques-
ton Of order.
Mr. Vanderpoel moved call Of the House.
Mr.. Graves then called for the yeas and
nays on the motion to lay on the table, which
were ordered, and were-yeas ll6, navs l16.
The Speaker voting in the affirmative, the
resolution was laid onfhe table.
Mr. Craig then submitted the following res
olution:
Resolved, That every member of the House
OF Representatives of the United States ought;
upon taking his seat therein, to produce at the
Clerks table, or to deposite in the Clerks Of
flee the credentials by virtue Of which he
CLAIMS his seat; and in all cases of contested
elections, no member ought to be permitted to
vote until the House, upon report from the
standing committees of eleations, or BY avote
Of the majority of themembers present, having
quorum Of the House, shall have decided
which OF The claimants is entitled to the con.
tested seat.
Mr.. Wise said that there was the same OBJ
lection to this resolution as to the other, and
moved that il be laid on the table; which mos
ton was agreed to.
The oath was then administered to the
members from the several States, except New
Jersey, Mr.. Randolph not presenting himself
when New Jersey was called
After the members from all the States exc
cept New Jersey were sworn,
Mr.. Randolph, together with the FIVE men,
bers claiming seats under the Governors GER
tIfcate, presented themselves as the Clerks
table. and demanded to be sworn, but the
speaker refused to swear any Of them except
Mr.. Randolph.
The Speaker then stated that ]. B. Avcriau.
G. G Slratton, J. p. Maxwell, w. Halsted
| and I. J. Yorke, had appeared WHALE he was
administering the oath Of Office TO the mem.
bers, and demanded to be sworn. Had this
question occurred this morning de noYo and
no proceeding Of the House having been had
upon It. he should not have hesitated IN aa;
mnIssefing the oath to these gentlemen. but
inasmuch as proceedings had been had hereto.
fore IN the House, and decision made, OF
rather negative proposition adopted, he fell
It to be his duty to refuse to administer the
oath to them, and to refer the matter to the
House, to say whether they should be sworn
Mr.. Wise would inquire whether any mem.
Der bad objected to the swearing of these gen.
tlemen.
Mr.. Dromgoole said he understood the
| Chair to state the difficulty, and then submit
the matter to the House TO decide whether tht
oath should be administered to these gentle
men.
Il Mr.. Wise again asked whether any ifiefilbe
objected to the swearing of these gentlemen
and if no objection was made; he presume
there would be no question bit for the Speak
er to swear them at once.
The Speaker then stated to the gentlemal
from Virginia Mr.. Wise1 that he did not fee
himself authorized to do this, from the fact tina
resolution submitted by the gentleman him
self had been negatived, and the vote upon
stood recorded on the journals OF the House
By thatresolntion the House decided that thes
gentlemen were not entitled to take seats, an
|. in consequence Of that resolution, he thought
became HIM to submit this grave question {
the decision of the House.
Mr.. Wise expressed his appreciation of tn
course of the Chair; but be submitted wheIt
er resolution adopted by the Representative
Of the people, or a part of them, while in a
unorganized statei could have any binding ei
feet upon this body at the present time. H
therefore would move, in order to test thi
question; that these gentlemen be not swofI
| if it was in order to make that motion.
sovereign State had been deprived Of its re
] presentation simply by the form Of putting III
question; and he made the motion in this fort
in order that gentlemen might not deprive
D State of her rights by the trickery Of forms.
The Speaker requested that the gentlelha
s should submit his proposition In writing.
RI Mr.. Dromgoole said if he understood III
r question, the Speaker had submitted auestio
: TO the House for its decision, to wit ssSha
g these five gentlemen be permitted to qualify!
| This was an affirmative proposition, and mus
D come mp IN that form, whatever effort his 60
e league might make to the contrary. III
e course taken by the Chair was not without pr
/ cedent. Cases had occurred in the Senate
1 the United States, as wen as in. this Hous
0 where the presiding officer has referred matte
: to the House. In the present case the Speal
If er had referred the matter to the House, an
: the House was in possession of the motion
: and he demanded decision upon that propC
y siiion.
Il Mr. Mercer cOntendbd that the present W.
] proper time 10 decide this question. an
n hoped the gentleman from Virginia would sui
Z init his proposition to the House.
E Mr. Wise then submitted his res dlutioA
4 / writing in substance as before stated: M
Z Wise said bis colleague would not forget, /
J. soon after we had escaped from our chFysal
D state and put on our wings the charges Of !