The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-07-21
Tmentp= Strth Congress.
HOUSE OF REPRESENTATIVES,
THURSDAY, July To- Ereninc Session


HOUSE OF REPRESENTATIVES,.
THURSDAY, July To- Ereninc Session.
The report Of the Committee Of Elections on thu
New Jersey case, and also the counter report from
minority Of that committee having been read al III.
/ Clerks table
/ And the question being a motion of Mr. CAMP.
BELL, OF South Carolina chairman of the committee 1.
print both reports together with the journal of the
committee, and on this motion the yeas and nays ha
ing been ordered and the question beng about To be
put
Mr. CAMPBELL inquired of the Chair whether
u would be in order for him to modify his notion
| The CHAIR replying in the Affirmative
| Mr. CAMPBELL said that though he had al first
moved 70 print both reports yet now after hearing tho
minority report read and knowing what contained
he could not include that report il his motion TO print
and he, therefore, would modify his motion so az to
include only the report of the majority and the journal
! of the committee.
| Great confusion instantly arose, many gentlemen
rising and simultaneously addressing the Chair on the
point of order insisting that after the previous ques.
ton had been demanded and seconded on any motion
submitted the mover could change or modify tina,
motion without leave Of the House because the or.
derng OF the previous question had direct reference
the motion made and to thai alone.
The CHAIR replied that, according to the rules OF
the House, member had the right to withdraw any
motion he had made at any time previous to a vote
| upon II, and of course 10 modify it.
Mr. BOTTS, Mr. FILLMORE, Mr. TRIP
LETT aud Mr. ANDREWS, warmly demonstrated
against me unfairness Of presenting proposition
10 me House and demanding the previous question
upon It, and when the House, waving ts right to
discuss, supported that call then substituting diff
fcrcnt proposition, after all debate was cut OF The
right TO withdraw and the right TO modify Were diff
f'rent things, and one did not necessarily follow the
other
r.lT1e noise and CONFUSION y" ia" fio"s' was N''N
Mr. CAMPBELL repeatedly rose TO make sug
gcstion but was called to order the ground that all
discussion was prevented by the previous question,
Mr. EVERETT inquired whether the gcntlcmans
original motion, and his modification of it, would ap-
pear the Journal
The CHAIR replied in the affirmative.
Mr.. CLARK, Of New York warmly demonstrated
pronounced the proceedings base trick by which
the House had been entrapped inquired whether
the Char adhered to its decision that the modification
in order 2
The CHAIR replying in the affirmative
Mr.. CLARK took an appeal from the decision
Mr.. MEDlLL, amidst lud cries Of order made
reply to Mr. Clark in which the reporter understood
him TO say that the whole of the Opposition on
the, pretended claim of the returned members from
New Jersey was an attempt to enhap the House =
The din and uproar were, however, great that al
though at great distance from Mr. M. who
speaking very loudly, the reporter could not distin
guish his words
The question was put on the appeal; when the de-
cislon of the Chair sustained without count
Mr.. CAMPBELL again to make sugges-
tion-but
Mr.. PROFIT strenuousy objected, and insisted
he should take his seat.
Mr.. ANDREWS now inquired of the Chair
whether It would be in order to move reconsidera
ton Of the vote by which the previous question had
been ordered
The CHAIR said it would, if the gentleman had
voted with the jority.
Mr.. ANDREWS said he believed he had hut
was not quite certain.
Mr. DAVIS, of Ky, said he had voted with the
majority, and he would the reconsideration, and
demanded the yeas and nays
The CHAIR said that whenever reconsideration
OF the previous question was moved the question was
always first put the secondng of the previous qucs
ton, and never the previous question itself; and
the secondng the yeas and nays could not be taken
il not vote Of the House, but merely the sus-
tanning of proposal TO vote.
On this dictum of the Chair question Of order
arose and Mr. FILLMORE and Mr. X. GAR
LAND protested with warmth against thus being de
prved Of their constitutional privilege Of having the
yeas and nays recorded Mr. G.. observed that the
tyranny practised by the majority in this whole Now
Jersey had been such enough to drive free
into open rebellion. Had it come to this that
ith part OF the House were TO be deprived 10y mere
say Of the Speaker, OF clear and certain righ,
guaranteed To them by the Constitution lie de-
mandcd a case to be produced where such decision
had been made lie never had heard Of such
| q decision.
| Mr. TURNEY called Mr. Garland TO order.
| The CHAIR turned Mr. G. TO very recent hcci-
sion = precisely like the present
| Mr. GARLAND denied the right Of the Speaker
To make any such decision, and Mr. FILLMORE
took an appeal, and demanded the yeas and nays
Mr. BRIGGS inquired whether, after the House
had voted reconsdering the scconding OF the pre-
vious question IT that vote should be in the negative
another question could then hr put on the previous
question ITSELF and whether this the yeas and nay,
| could not he had
The CHAIR replying that il could
| Mr. FILLMORE said that this al he askrt
Cor and be- thcreupon withdrew his appeal
The question was then put feconsldcnng the r.
eonling u the previous question, and decided IN tn
negative
Mr. CHINS, ~ I,nuisiana, inquired Of the Char
wheihcr aner the House had seconded the prcyiou
question motion the mover could then alter b.
H1sfon 20 make II quite different proposition
ami the previous question remain siIl "a force
The CHAIR reriici that, s"eorlng 10 he rules
the Hoaae Nc uaghi
MIR cHINN then .asl ,hst ihe rule oogh, 70 be al
tercd
Mr. FILLMORE then novel 20 RECONSIDER ~
vote orlering the pTeslous question, NE vote p
which The Iioase hsi the morning drcird That ~
main anss,ion should then h. pat and on ihi. ques
,ion h. dcnanaci the yeas snd nays which were q