The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-03-12
en- in tina, State for representatives in the Goth Con-

their presenting themselves, qualify them as such
provided that nothing herein contained shall pre-
vent the investigation into said election from being
continued on the application OF the FIVE claimants
1 for said seats
And the Immediately pending question was the
demand Of MI. Perikin for the previous question.
Mr.. PETRikiN sent to the Chair modification
OF his amendment; which giving rise TO some dis
cuAsion on point Of order, Mr. P. withdrew H.
And the question on secondng the demand for the
previous question being then taken by teers (Messrs
Campbell, Of Tennessee, and Bynum of North Carroll
ma, acting IN that cspaeny,) the stood Ayes 1909,
noes q,
| SO there was second
| Mr. FILLMORE called for the yeas and nays on or
dering the main question, which ordered and,
being taken, were yeas liz, nays ga
| So the main question ordered TO be taken
And the question then being the amendnen, Of
Mr.. Petnkn-
Mr.. SMITH, of Connecticut. moved to lay the re-
solution and the amendment ON tho table.
Mr.. TURNEY called for the yeas and nays. which
were ordered, and being ,sken were, yeas 81, nays
ll3.
So the motion to lay on the table was rejected.
And the question again recurring the main ques-
tion--to wit, .he amendment Of Mr., Petrlkin--
Mr.. GRAHAM asked the yeas and nays, which we're
ordered.
MIR RANDOLPH inquired Of the Chair If a mo-
ton TO postpone was In orderi
The SPEAKER said il was not
Aud the Clerk being about to call the roll
Their Il was in order to his for desiring
TO be excused from voting
The SPEAKER said il in order for the gentle
man to make brief verbal statement
Mr.. MONROE then said. | have not read the re-
port Of the committee have not heard il read so as
TO understand H. IL has not been printed; and am
called upon to vote when my is called on ques-
ton before this House, involving greater constitution
al principle than has been known to any legisla
i've body. now soemnly protest agans, this pro-
L. A.. r.
committing such outrage against my conscience aud
the rights Of my constituents.
And the question being taken, the House excused
Mr. NJ from voting
And the roll Of the members having been called (Mr.
Stany, in his place, rising and refusing to vo,e) be-
foro the result was announced
Mr. RUSSELL. OF New York, rose TO inquire whe-
Their there not rule of the House which required
every member Of the House, If present when ques-
ton propounded from the Chair to vote upon it
II there was, he called upon the Chair to enforce the
rule
The CHAIR replied that there such rule but
that the Char possessed to enforce it before
declaration Of the vote, should appear that any
members present had voted, when the House could
punish the refusal.
MIR RUSSELL said there gentlemen present
who had not voted, and who said that they would not
Whether their votes, If given, would change the result
he did not know, nor was It material to inquire. He
required the Char to have the Of such gentle
men as had not voted again called
The CHAIR suggested TO Mr. Russell that the best
way to attain his object would be to the gentle
man to whom he alluded
Mr.. RUSSELL thereupon moved that Mr. John
@. Adams be called on 10 vote. His name stood at
the head Of the list.
The CHAIR His name has been called.
A member here moved that he be compelled to
vote. "A laugh.)
Mr. RUSSELL assured the House and the Speak
err that il with no desire TO embarrass the BUSH
A. IL. tt,s a.n h,yc t,lp
10 determine whether the rules of the House should
or should not be regarded. He called the attention
Of the Chair the Both rule OF order which he read
and which is as follows:
Every member, who shall be in the House when
the question put shall give his vote, unless the House
for special reasons shall him. All motions to
excuse member from voting shall be made before the
House divides before the call Of the yeas and nays is
commenced and any member requesting to be excus-
ed from voting may make brief verbal statement OF
the reasons for making such request, and the question
shall then be taken without further debate"
If the gentleman'S name was called, he would
then have an opportunity Of stating his reasons for
voting; and then and not Till then, he might, II
the House thought fit, be excused from voting. He
hoped the rule would be enforced.
Mr. TURNEY objected 10 the offering OF any re-
solutions
The CHAIR reminded Mr. Turney that now was
the time TO offer any resolutions on this subject, and
the only time al which il could be done.
MIR. RUSSELL then reduced his motion TO writ
ing declaring that Mr.. John Quincy Adams, OF
Massachusetts being present, and competent to vote
be called upon vote. ~
[Cries OF +" No. no ;""No resolutions now."l
Mr.. RUSSELL said he did not offer any resolutions,
but merely proposition that the House should en-
force its rules; and he did il now because this
was the only time in which il could be done
Mr.. w. COS JOHNSON expressed his hope
THAT the gentleman from New York would withdraw
his motion Mr.. j. could see good that was like
To-, rt,ln Sn1
Every gentleman responsible TO his constituents
and TO The country and in an attempt to exercise
power in this manner the House might, after all,
be foied, and the endeavor was certain to produce
excitement. Ii il should succeed, it would make
no difference in the result Mr.. J. felt very great
doubt to the right OF the House in such case.
Ii he had Conscientious grounds refused 10 vote,
would rather subject himself TO the censure of the
House, than to that of his own conscience. In the
present case any member might doubt as 10 the pro-
prely OF voting lie might doubt, Mr.. ] did doubt
whether what was stated in The preamble Of the
amendment was the fact certainly II what was
before stated was true the amendment must be voted
for; but gentlemen might labor on that pon-and
on he whole, he could see no good from an attempt
| to enforce the parliamentary law.
Mr. PETRiKINt Can the debate be regularly
determined
The CHAIR 1t can. This is question of pri-
vilege, and is debateable
Mr.. PETRlKIN. then move TO lay the motion
upon the table.
Mr.. EVANS On that question demand the
yeas and nays.
Mr. RUSSELL. will modify my motion.
MIR. PErRlKIN l object to his modifying il.
The CHAIR The gentleman has right to mo-
dify his motion.
Mr.. RUSSELL then read his motion in this form,
that the House do refuse excuse MesSrS. Adamsf
Stanley, (and another believed 10 be Mr.. Allen, o:
Ohio) from voting.
Mr.. S rANLEY hoped the House would enforce
the rule as requested by the gentleman from New
York, (Mr Russell) He wished it most sincerely;
he could hen have an opportunity Of making known
to The country The of his refusal to VOTE and