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

this noor possessed and 10 recommend the gentleman
from New York. MIR. Barnard, TO address his inqui-
ries to Mr. Ingersoll personally.
Mr. BARNARD (having first called for the read
ing OF the first sentence OF the report OF the minority
proceeded to say 1t was evident from that report that
not one of the minority Of the commiitee-not even,
he presumed, the gentleman from Ohio Mr.. Medill,
hmself-had any idea of presenting to this House an
issue upon the question whether Mr. lngerso was or
was not entitled TO seat. Il true that Mr.. In
gersoll had petitioned for his seat The subject was
sent TO a committee; that committee had examined ii,
and had come into this House with unani nous
port, IN one respect that was TO say that Mr. lngcr
soil was not eAtited TO seat Was the House dis
posed TO go behind that repor7
point Of order as TO the relevancy Of these re-
marks here raised by Mr.. Turney but the SPEAK
Err having decided that they were not out of order
Mr. b proceeded He took il for granted that Mr.
lngerso did originally ask the House consider his
claim TO seat but what he (Mr. H. meant TO say
was that no1 the only issue beoIe the House the
question presented by the minority fthe committee
namely, whether the election should be declared utter
10 void, should be sent back TO the People 10 decide
H. The question then was whether there was any
law or precedent or any propriey In allowing Mr. In
gersoll to be heard on this subject. here just
much propriety as there would be in permitting any
other man in that district in the nation be heard
II the House wanted council to speak them this
question, which was question peculiarly for the
Houseto decide, they could get counsel where they
pleased.
Mr.. B. contended that the House was now about
to set precedent. great wrong was committed at
the last session and he not for doing another,
second wrong, because one had been already done.
IheIewas no example record in the history of this
nor he supposed OF any other country where an in
dividual was permitted the bar and to dis
course on such an issue here presented. He
regarded this as matter Of great consequence
Mr.. b offered the following a substitute for Mr..
MEDiLLs resolution, in case the motion to reconsider
should prevail
THAT Mr.. Ingersoll 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.. GARRET DAVIS said that when a seat
was contested in any Legislature, as general prin-
cipe both gentlemen claiming had the rgRt by courte
sy and parliamentary usage, TO be heard. For what
had Mr. lngersoll petitioned If for seat for him
self he had right to be heard because lie petitionej
for something which he claimed belonging To him
self personally. As he MIR. d. understood the mat
ter Mr.. lngerso insisted his right to seat, and
in support of that claim he had right to. be heard
but IN no other state of circumstances had he that
right If it were otherwise, every individual whose
name was appended to the petition had right to be
heard
Mr. HUBBARD moved the previous question I but
withdrew it 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.. Ingersoll-
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 was 10 be decided
one way or the other, by the House in judicial ca
paeity that the issue had not been changed and that
Mr. lngersoll had right to be heard in his own be-
half
After some remarks from Mr.. BARNARD and
Mr.. ALTO I'D
The previous question was called by Mr.. TURNEY,
who met all appeals for its withdrawal with negative
And there was a second TO the call--the memorial
OF Mr. lngersoll having, motion of Mr. w C.
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. Ingersoll re-
spectfully shows
That he was chosen by majority of the electors of
the Third Congressional District the State of Penn
sylvania their representative in and for the Twenty
sixth Congress- now in session, and accordingly so
returned as elected by the constitutional authorities OF
the State Of Pennsylvania, whose certificates in legal
orm here communicated to the House Of Representa-
ves, and are now among its records certifying that
your memoriast and petitioner is SO elected He had
believed therefore, that your honorable House would
before this time, without his application have nsiitu
ted the proper means for ascertaining whether he is
entitled to the membership which is claimed also by
another person. But inasmuch he is given to I'M
derstand that direct application in the form of pc
ton, from himself, is deemed necessary 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
prove his right TO membership Representative of the
people of the Third Congressional District Of Penn
sylvania in the present Congress- and that no otker
person elected from that district to this Congress
G. ]. INGERSOLL.
WASHINGTON, January %, 1870
The main question being on the motion TO reconsi-
der the vote ON the resolution Of Mr. Mcdii)
dercd, and being taken, decided in the negative,
as follows
YEAS-Messrs. John Quincy Adams, Andrews,
Barnard Bell, Breckenridge, Brockway, Chittenden,
Cranston, Z. Davies Garret Davis Dawson. Doe.
Edwards, Evans, Everett Gentry, Giddings, Granger
Green Grinnell, Henry, Chas. Johnston, w. G..
johnson, Kempsha King, Lane, Marvin, Morgan
Nsbet, Osborne, Peck, Profit, Randall, Satonstall
Slade Stanly, John B. Thompson John White Thos
w Williams, Lewis Williams, Christopher II. Will
Iiams-4l
NAYS-Messrs. Afford J. Allen, Anderson, Ath
crton, Banks, Baker, Beatty, Beirne, Black, Black
well Boardman, Bond Brewster, Briggs, A. V.
VIM. B. Campbell Carr Carroll, Carter, Casey,
Chapman Clifford, Coles, Conner VIM. r. Cooper,
Craig, Gary, Cross, Gushing, Dana, Davee, John
Davis, J. w. Davis, Deberry, Dickerson, Delet,
Doan Doig, Earl Eastman, Ely, Fillmore, Fine Fish
er, Floyd, Torrance, Gabraith, Garland Goggin,
Goode, Graham, Griffin, Habersham, Hand, John
Hastings, Halves, H If Virginia, Hill, Of N c.,
Hillen, Holmes, Hook, Hopkins, Hubbard, Hunt
Jackson, James, Joseph Johnson, Cave johnson,
Nathaniel Jones, J. w. Jones, Koim Kile, Leadbct
ter Lcet, Leonard, Lewis, Lincoln, Lowell, Lucas
Mcclellan, McCulloch, Mckay NJ. Mallory, r. NAL
ory, MaIchand, Mason, Medi Montanya, Moore,
Samuel w Morris, Calvary Morris, Morrow, New
hard, Parrish, Parmenter, Paris Paynter, Pickcns,
Pope, Prentiss, Randolph, Rariden, Rayner Reynolds,
Ridgway, f. Rogers, JAS. Rogers, Ryal, Samuels
Shaw, Shepard, Albert Smith, John Smith, Truman
Smith, Steenrod, Strong Stuart, Sumter, Swearngen
Sweeny, Tahafcrro, Taylor, p F. Thomas, Jacob
Thompson, Tiinghast, Toland, Tripett, Turney
Underwood D. d. Wagner, Weller, Wick, Jared
w. Williams, II. Williams Joseph L. Williams,
Winthrop, Worthington--l40.
So the vote not reconsidered
Mr. MONROE stated that he desired to make an
explanation due to himself He was fully satisfied in
his own mind were many members this floor,
that the report of the committee in the of Nayor