Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-01-09


made OF that petition OF MIR lngeroR And upon
ths, petition, (record rs il was,) and upon the
usage Of the House, he (Mr c. thought that MIR
ingerso was, IN justice and in equity, entitled to
be heard.
lie objected, however, to the form Of the resolu.
ton, and he asked the attention of the gentleman
from Ohio (Mr MedilD to 1t. IL was unusual in
its terms, and there one expression 20 which he
MIR C.) objected. The resolution was to the ct.
feet the did recolect the precise words that Mr.
lnserSoll should have leave to he heard rs well
the sitting member. Now, MIR Nayor was menu
Der OF this House, de taeio at least as the gentle
man from Ohio admitted; he (Nlr C.) said, men,
Der de jurs; but at all events, MIR Naylor a
member de fdeio, and therefore, such, he had as
much right to speak rs the gentleman from Ohio,
or as he (MrC.) himself had; and il did not need
n resolution of this House TO give that right The
very mention in the resolution of leave to speak,
was denial Of his right to speak. He wished the
gentleman to modify the terms of his resolution.
They were unusual, contrary to precedent, and in
words and in spirit denial Of the unquestionablc
right Of the sitting member.
MIR MEDlLL did not think that the resolution
contained any such denial. IL only provided that
the petitioner should be placed on the same footing
with MIR Naylor; and he did not, therefore, see the
necessity of the modification suggested. He hoped
Mr. lngerso would be permitted 10 90 on.
MIR CUSHING said that il the words he object
ed TO meant nothing, they were not needed there;
and that, If they meant any thing, that meaning
vor OF the reconsideration unless the words were
struck out by general consent.
MIR l.. WILLIAMS rose TO withdraw his motion
to reconsider; but before doing so, he said he
thought that this proceeding had in many respects
been irregular. When the House authorized the
Committee OF elections to send for persons and pa
pers, 1t adopted an unusual and unprecedented
course. He believed that, from the foundation of
the Government 10 this day, no Committee Of Elec-
tons had been clothed with that power and for the
pla OF ali hat l,,,t h, Ia
slowed this power, II invested the committee with
inquisitorial power-it made It prosecutor instead
OF judge. How many drafts had been made on
the contingent fund in consequence o! this power be-
Ing given to the Committee TO send for persons and
papers; Committee, which, by the Constitution
and rules the House, was solely and exclusively
Judge
n wished to know in what capacity Mr. Inger.
soil presented himself here to-day-whether as n
claimant OF the seat occupied by Mr.. Naylor or rs
the attorney and agent Of the People who joined
with him in the petition TO this House. This was
his chief object in making this motion TO reconsi.
der. The gentleman from Ohio mir. Medil) had
stated he did not know how he (Mr w had come
TO the knowledge OF the fact that Mr.. lngerso did
not claim the seat in his own behalf Certainly he
tMr. W. had not spoken from the record. His at
tenton had not been particularly drawn to that
point; but what had been said by the gentleman
from Ohio himself, (Mr Medill,) appeared to him
(Mr. wy TO corroboraie the opinion that MIR.
self. The most that was pretended was, that
MIR. TNaylor was not entitled to his seat and the
hniins OF the minority OF the committee would be,
at all events, justification 10 him (Mr. W. for the
opinion he had expressed. II never was his nten-
ton 10 limit the right of speech here on these i'm
podant subjects. He was disposed TO hear MIR. In
gersol, but he wished TO know in what ca pacity he
appeared. IL was, he repeated, with this view that
he had made the motion 10 reconsider; but, as many
of those with whom he was in the habit of acting
IN lo /,
ctio'.
Mr. CUSHING renewed toe motion, (solely,
he explained, for the purpose of eiiec,ing the mod
hcaton he had namely
WheGeupon, by general consent, Mr.. MEDlLL
modified his resolution by striking therefrom the
words "as well the sitting members"
And then Mr.. CUSHING withdrew the motion
to reconsider.
MIR. BARNARD renewed it.
lie desired 10 ask question of the gentleman
from Ohio, Mr.. Medill.) He fMr b. took il for
granted that, having submitted the motion in rela-
ton TO MIR. lngersoll being heard at the bar Of the
House, he (Mr. MedO must be Acquainted with
the fact wether 1t was the intention OF that gentle
man IN addressing the House 10 DO so in the way
OF personal claim TO a seat
MIR. MEDlLL (who was very imperrectly heard)
was understood 10 dIsayow any greater familiarity
with the views of MIR. lnsersoll than other gentle
men on this floor possessed and to recommend the
gentleman from New York (Mr. BARSARD) 10 adj
Z v.
Mr.. BARNARD (having first called for the read
ing OF the first sentence of the report of the minori-
w proceeded 10 say, evident from that report
that not one oil the minority of the committeeman
even he presumed, the gentleman from Ohio MIR
MEDILL) himSelf-h6d any idea of presenting 10
this House an issue upon the question whether Mr..
lDgerso was or was not entitled to a seat. IL was
true that Mr. Ingersoll had petiiioned for his seat
The subject was sent 10 a committee that commit
tee had examined 1t, and had come INTO this House
with a unanimous report, in one respect, that was
to say, that Mr.. lngersoll was not entitled to seat
Was the House disposed 10 go behind tina, report7
A point Of order as to the relevancy of these re-
marks was here raised by MIR. TURSEI; but the
Speaker having decided that they were not out of
ORDER
Mr.. B. proceeded. He took it for granted that
Mr. Ingersoli did originally ask the House to con-
slider his claim to seat; but what he INK. b. meant
TO say was that the only issue before the House
WIS the question presented by the minority Of the
commlltee-namely, whether the election should be
declared utterly void, should be sent back TO the
People to decide Il. The question then was wheth-
er there was any law or precedent, or any proprie.
ty IN allowing Mr.. lngeTsoll 10 be heard on this
subject There was just as much propriety as
there would be IN permitting any other in that
district or IN the nation, 10 be heard. II the House
wanted counsel to speak to them on this question,
which was question peculiarly for the House 10
decide, they could get counsel where they pleased
Mr.. b. commended that the House was now about
to set precedent. great wrong was committed
at the last session. and he was not Tor doing another
second wrong because one had been already done.
There was no example on record IN the history OF
his, nor he supposed Of any other country, where
IN individual was permitted TO come 10 the bar and
10 discourse such an issue was here prescribed.
lie regarded this a matter Of great consequence.
Mr.. u. offered the following as a substitute for
llr. MedllPs resolution IN case the motion TO re-
consider should pervaiI
THAT Mr.. lngersol haye leave TO be heard at the
BAR Of this House IN favor Of his right 10 seat IN
his House IN place Of Mr.. Charles Naylor"
Mr.. Garrett DAVIS said that when seat
vas contested IN any Legislature, as general pin.
,ipie both gentlemen claiming had the right by
courtesy and parliamentary usage, 10 be heard For
what had MIR. lngcrsolI petitionedl If for a seat
Tor himself he had right 10 be heard, because lie
pe,iiioned FOR something which he claimed as be-
longing TO himself personally. As he tMr. d. I'M
dcrstood the matter. Mr. lngersoII insisted on his
right TO seat, and ~ support Of that claim he had
right to be heard but IN no other state Of crcum-
stances he'd lie that right II IL were Otherwise,
every Individual whose name was appended 10 the
petition bad a right 20 be heard.
Mr. HUBBARD moved the previous question;
but Withdrew t on the request Of
Mr. Afford, who submitted . fev remarks,
the object Of which was 10 show that an issue had
soi-the one having, and the her claiming the seat
and that that issue could in no wise be changed
by the action Of the Committee OF Elections but
wns 10 be decided, one way or the other, by the
House, IN judicial capacity that the issue had not
been chansedj and that Mr. IngersoIl had right 10
be heard 10 his own behalf
After some remarks from Mr.. BARNARD and
Mr. Afford,
The previous question was called by Mr.. TUR.