The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-01-09

nun Ohio LHcuil, stated nc not
be- Mr. w. had come to the knowledge of the fact
that Mr. Ingersol did not claim the seat in his own
behalf Certainly he Mr.. w !, had not spoken from
the record His attention had not been particularly
drawn TO that point but what had been said by the
gentleman from Ohio himself Mr. Medill, appeared
70 him, Mr. W., 10 corroborate the opinion that Mr.
lngersoll was not here to claim the seat for himself
The most that was pretended was that Mr. Naylor
was not entitled 10 his seat and the finding OF the mi
noriiy OF the committee would be- at all events, JUS
LITIGATION 70 him, Mr.. w. for the opinion he had e2
pressed IL never was his intention TO limit the nghl
Of speech here these important subjects. He was
disposed 70 hear Mr. lngerso but he wished to know
In what capacity he appeared 1t was, he repeated,
with this view that he made the motion to reconsider
but, many of those with whom he was in the habit
OF acting seemed to be opposed to it, he would WIN
draw the motion.
| Mr. CUSHING renewed tho motion, (solely he ex-
planned, for the purpose Of eiecting the modification
| he had named
Whereupon, by general consent, Mr.. Medill modi-
fed his resolution by striking theefrom the words as
well as the sitting member"
And then Mr. GUSHING withdrew the motion to
reconsider
Mr. BARNARD renewed it,
| Hedesred TO ask question of the gentleman from
! Ohio, Mr.. Medill. He Mr.. b., took 1t for granted
that, having submitted the motion in relation TO Mr.
ingerso being heard at the bar of the House, he Mr.
MediIl must be acquainted with the fact whether 1t
the intention of that gentleman in addressing the
House to do so in the way OF personal claim TO a
seat
Mr. MEDILL (who was very imperfecty heard)
understood 10 disavow any greater familiarity with
the views of Mr. Ingersoll than other gentlemen on
this floor possessed and to recommend the gentleman
from New York Mr.. Barnard, to address his inqui-
res to Mr.. Ingerso personally
/ MIR. BARNARD (having first called for the read
ing of the first sentence of the report of the minority
proceeded say it evident from that report that
not of the minority of the committeeman even,
he presumed, the gentleman from Ohio Mr.. Medill,
himselfhad any idea of presenting TO this House
issue upon the question whether MIR. lngersol
was not entitled TO aseat. IL was true that Mr.. In
gersoll had petitioned for his The subject
sent to committee; that committee had examined it,
and had come into this House with unaninous re-
port in respect, that was to say that Mr. niger
soil was not eAtitIed to seat. Was the House dis
posed to go behind that report2
point of order as to the relevancy of these re-
marks was here raised by Mr.. Turney the SPEAK
Err having decided that they not out of order
Mr. B proceeded. He took il for granted that Mr.
Ingersol did originally ask the House consider his
claim to seat but what he (Mr. III meant to say
was that the only issue beoIe the House was the
question presented by the minority ofthe committee
namely, whether the election should be declared utter
10 void should be sent back to the People to decide
it. The question then whether there any
law precedent any propriety in allowing Mr.. In
gersoll to be heard this subject here was just
much propriety there would be in permitting any
other in that district or in the nation, he heard
Ii the House wanted council to speak to them on this
question, which question peculiarly for the
House to decide, they could get counsel where they
pleased M
Mr.. B. contended that the House was now about
to set precedent. A great wrong committed az,
| the last session and he not for doing another a
| second wrong, because one had been already done
There was example record in the history fthis
nor he supposed, of any other country, where an in
divJual permitted to to the bar and to dis
course such issue here presented He
| regarded this as a matter of great consequence
Mr. B. offered the following substitute for Mr..
MEDLL's resolution in case the motion to reconsider
should prevail;
"That Mr.. Ingersol have leave to be heard at the
bar of this House in favor of his right to seat in this
House in place of Mr.. Charles Naylor."
Mr.. GARRETT DAVIS said that when seat
was contested in any Legislature, general prin-
cple both gentlemen claiming had the right by coure
sy and parliamentary usage, to be heard. For what
had Mr.. Ingersoll pettoned2 If for seat for him
SELF he had right to be heard because he pettoned
for something which he claimed belonging to him
self personally AS he Mr. ID understood the mat
ter, Mr. gersoll insisted on his right to seat and
in support Of that claim he had right TO be heard
but ia other state Of circumstances had he that
right If it otherwise, every individual whose
name was appended to the petition had right to be
| heard.
! Mr. HUBBARD moved the previous question but
withdrew it on the request of
/ Mr. Afford who submitted few remarks the
| object of which was to show that an issue had been
made up between Mr.. Naylor and Mr. Ingerso-
the one having and the other claiming the seat--and
that issue could in wise be changed by the action
of the Committee of Elections but TO be decided
one way the other, by the House in judicial
paety that the issue had not been changed and that
Mr.. Ingersol had right to be heard in his own be-
half
After some remarks from Mr. BARNARD and
Mr. ALTO 15D-
The previous question was called by MIR. TURNEY,
who met all appeals for its withdrawal with negative
And there second TO the call-the memorial
of Mr.. Ingersoll having, motion of Mr. w. G.
JOHNSON, been first read--as follows
To the honorable .he Speaker and Members of the
House Of Representatives Of the United States Of
America, IN Congress assembled.
The memorial and petition of Charles j. Ingersol re-
spectfuly shows:
That he was chosen by majority of the electors of
the Third Congressional District ofthe State of Penn
sylvana, their representative in and for the Twenty
sixth Congress, now in session, and accordingly so
returned elected by the constitutional authorities of
the State of Pennsylvania whose certificates in legal
form, here communicated to the House of Represents
tives and are now among its records, certifying that
your memorialst and petitioner is elected He had
believed therefore, that your honorable House would
before this time, without his application, have insu
ted the proper for ascertaining whether he is
another person. But inasmuch he is given to I'M
derstand that direct application, in the form of pc
tton, from HIMSELF is deemed necessary TO bring the
subject without delay, into the consideration of your
honorable House your petitioner respectfully requests
that prompt and proper may be taken by the
House of Representatives to enable your petitioner
prove his right to membership Representative of the
people of the Third Congressional District of Penn
sylvania in the present Congress, and that other
person is elected from that district to this Congress-
G.. ]. INGERSOLL.
WASHINGTON, January %, 1910.
The main question being the motion to reconsi-
der the vote the resolution of Mr.. MedilD or
dered, and, being taken decided in the negative
as follows:
| YEAS-Messrs. John Quincy Adams, Andrews
Barnard, Bell, Breckenridge Brockway, Chttenden,
Cranston E. Davies, Carrot Davis Dawson, Doe,
Edwards Evans, Everett, Gentry, Giddngs, Granger,
Green, Grnnell, Henry, Chas Johnston, w. G.
Johnson, Kempshall, King, Lane, Marvin, Morgan,
Nisbet Osborne, Peck, Profit, Randall, Saltonsta
Slade, Stanly, John B. Thompson, John White, Thos
II