The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-01-07
HOUSE OF REPRESENTATIVES,.


HOUSE OF REPRESENTATIVES,.
TUESDAY, Jan. s, 184l
Mr. STEENROD asked to be excused from further
service a member of the Committee on Revolution
AIRY Pensions account Of i'll health and affection
of his eyes. His request was granted, and another
member will be substituted in his place that
mtee
The SPEAKER laid before the House sundry
communication, viz:
l. A letter from the Governor of the State of Mis-
souri, transmitting the copy of nc of the General
Assembly of that State entitled An act for ascer
tanning and settling the Northern boundary line Of
the State Of Missouri" Referred to the Committee
the Territories
O. A letter from the Postmaster General transmit
ting statement Of the disbursements for contingent
cies for his Department for the last year The
We cannot give, the account Is a long and is
NOT footed up. Referred to the Committee on Expen-
ditures in the Post Office Department.
3. Another letter from the Postmaster General,
companied with copy of the abstract of the offers for
carrying the mails made within the year preceding the
Isl Of July, 1910. Laid on the table.
Mr.. CALVARY MORRIS asked leave to intro
duce resolution proposing the appointment of select
committee to inquire into the condition. &C. oflunatics
confined in the District Of Columbia.
Mr.. w. COST JOHNSON said the Committee
for the District Of Columbia had already reported
bill upon the subject, which was now pending before
the House, and he contemplated calling it up at an
early day, and hoped to be able to obtain the favorable
action OF Congress upon it.
Some observations were made by Mr.. Morris and
Mr.. Hubbard, when Mr.. Morris withdrew his resolu-
ton.
CONTESTED ELECTION BETWEEN MIR. NAYLoR AND
MR.. INGERsoLL, OF PA.
The SPEAKER announced the special order set
for this day the report Of the Committee Of Elec-
tons made at the last session the memorial of Chas
]. lngerso contesting the right of Charles Nayor
to seat in the House the representative from the
Third District Of the State of Pennsylvania, when
Mr. MEDlLL moved the following resolution;
RESOLVED, That the petitioner, Charles J. Ingerso
be permitted to appear the Bar and that he ,reH
the subject Of the Contested Election for the Third
Congressional District of Pennsylvania
And the question having been taken the resolution
was agreed to- without division. But
Mr. LEWIS WILLIAMS rose and moved re-
consideration of the vote thus taken.
In assigning his for this motion, Mr.. w
said he did not understand that Mr. Inpersoll claimed
a seat; he did not understand that that gentleman
came here for the purpose of indicating his right
the right of those whom he proessed to represent
The case, therefore, it seemed to him, Mr.. w could
not be properly advocated by Mr.. Ingersoll himself
neither had any other individual within that Congress
sional district such right. The proposed by
the resolution was, therefore, Irregular unusual and
improper. He, Mr.. W.. had no objection that Mr..
lngersoll should here and sustain his own right
,
tIeman did himself claim to occupy the seat of Mr.
Naylor.
Mr. MEDILL did not know, he said, how the gen
tleman from North Carolina Mr. Wiams) came TO
the conclusion that Mr. IngeTso did not come here
for the purpose of indicating his right seat
BY reference to the files Of the House, it would be
not only that memorial had been presented by
large proportion of citizens of the third Congression
al district Of Pennsylvania, but also that there
petition from Mr.. ingersoll himself in which he set
forth that frauds committed in the election there,
and that if justice was done, he would himself be
placed in the seat which was now occupied by Mr.,
Nayor The matter was referred to the Committee
of Elections. Two reports made, (Which were
presented to the House about three days before the
close Of the last session Of the reports sustaining
the sitting member, and the other declaring that the
election had been carried by fraud. That was the
question which up for the decision OF this
House. The Commit tee of Elections had discharged
their duty by taking all the testimony they could col
ect and presenting their views. II now remained Tor
the House determine which of the two reports was
correct and whether the seat belonged righttuy to
the sitting member to the gentleman who appeared
here to claim it, Why the gentleman from North
Carolina undertook to intimate that Mr. lngersoll had
withdrawn his claim to the seat he (Mr M could not
undertake to say; but he knew that he had neither
heard any thing to justify such conclusion
And Mr. Ingersol now here demanding to be
heard at the bar of this House
Mr.. FILLMORE called for the reading Of the reso-
luton presented by the minority Of the Committee of
der to see whether there any thing about Mr. In
gersoll retaining his right to the seat
And the same having been read
Mr.. f. said he believed that the circumstances of
this case SO far they material to the decision
of the question: substantially these Mr.. lnger
soil with various other citizens of Pennsylvania, pre-
scented petition to this House, alleging that there had
been fraud in the election in the Sd Congressional dis
rct of that State and praying that It might be set
aside and as he (Mr. F.) believed also claiming the
for Mr. lngerso although on that point he (Mr.
F did not speak positively The Committee of Elcc-
tons went into the investigation of the subject, and
took testimony; and the majority of the committee came
to the conclusion that fraud had been shown, and
recommended resolution for the adoption of this
House, setting forth that Mr. Naylor was duly elected
The minority of the committee also made report, as
would he seen reference TO the documents Inn
pugnng the validity of Mr. MAYORS election; butt he,
MIR. F. remembered right, not contending that there
was any evidence before the committee to show that
Mr.. lngersoi elected. He, Mr.. F., therefore,
under such state OF facts considered the contest now
in the same light il the question had been raised by
any other citizen of the State of Pennsylvania and
he willing to give his vote on that ground for the
right of any citizen to contest the of any member
Of this House. 1t did result as matter of ncces-
sary consequence, that the opposing candidate to
be the only confession to the hight of the it
right which belonged TO any citizen who thought Mr.
Naylor was not properly elected The House in his
view, to act in judicial capacity-as court of
Justice and the only question as to the mode in which
TINS House would act, was question OF convenience.
Ii had been found convenient and eSpedient in all
courts 10 counsel on both sides of tgated questions
1t might not perhaps be an inherent right TO have
counsel; hut it was convenient and expcdlent and II
seemed to him that the claim have them was as per
feet here could he in court of justice. Here was
brought before the House for its adudication
and, in his opinion Mr. Ingerso who had raised this
question, should be permitted to be heard as well as
Mr. Naylor And il seemed TO hun, Mr.. F. that 1t
made difference whether the former claimed the scat
bog Ilxg nj he ronn-
try; and the right of the citizens to have the wrong