Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-18

moved TO refer the same TO the COMMITTEE on tue Juui-
co,v with instructions TO report at two o'clock to-day
~ execution of the order Of the House, passed on
tho Slh instant hill repeal the act to establish
Uniform system Of bankruptcy throughout the u -
nasscd the 9th OF August lS4l Upon thus resolution
MIR b. moved the previous question
The resolution having been read
Mr. again called for the previous question
MIR. GRANGER to point of order, on when
ba wished the decision of the Chair. The rules, he
sad we're now suspended for particular purpose, by
vote of twohrds and he asked therefore, IL was com
peten for the House TO make the order moved oy Inc
gentleman from Kentucky withouta vote OF two-thds
also, c,o
10 precedent applying this case, ferries oil order, or
der, not allowing Mr., J. 10 proceed]
The SPEAKER said he already had the preceden
that he supposed the gentleman alluded 10, with severa
others on the same subject The House had decided
that il was competent TO make the order, but wha
would be the effect of it, and whether 1t would be oPe
ro,ive or not would be matter OF after ration
AR CAVE JOHNSON desired his friend from Ken
tucky TO modify his resolution So as to direct The conf
miitee 10 report instanter to the House.
MIR. WINTHROP moved to lay the petition and IN
Mr. WM. A. IRWIN rose 10 point of order The
gentleman from Kentucky, he said, presented a peti
tom on the subject the Bankrupt law, and that done
no offered resolution of instructions, and, before the
gentleman moved the previous question. lie asked il
this procedure was IN order
MIR BOYD rose 10 correct the gentleman as 10
matter of fact lie did call the previous question on
The presentation of the petition; but he also called tor
ogain upon the announcement of the petition by the
Chair.
The SPEAKER said that the gentleman from Ken
tucky was in order in calling for the previous question
Immediately upon presenting the petition ana moving
the resolution This had been frequently decided
by the House.
solutions and Instructions he said, not applicable
10 the ne,i,ion but were in relation 10 order hereto
fore passed by the House.
The SPEAKER read the instructions, and showed
that they referred to the petition and lnc
dentaIly to the order the gentleman from New o5h
alluded to.
After some further remarks from Mr.. BARNARD
and the SPEAKER, the former withdrew his point Of
order.
Mr. LEWIS WILLIAMS objected that the resou
ton was not in order, because 1t coniiiced win Tue
rule of the House, which requires The committees ho
to sit during the sessions of the House.
The SPEAKER replied that there might be such a
thing as the collection Of committee within the walls
of the House
Mr. CAVE JOHNSON said he understood that the
committee had been together, and that they had got
bill ready
Mr. CUSHING observed that he understood the facts
to be that the gentleman from Kentucky, Mr. Boyd
had offered his petition, and moved both the reference
and the previous question: without resuming his seat
Now he contended that he had the right to make the
question of reception this time, for If such mode oil
proceeding was allowed he might in that way get IN the
most odous abolition petitions. lie now made the ques
lion of reception and desired the House to consider the
consequences that might result from sustaining SUCH
practice.
Mr.. PROFIT observed that the gentleman from
Massachusetts mistaken. The House recognised
r. he bi.ct
of the Bankrupt law, but did not recognise the right to
present abolition petitions. The not similar
Mr. G. DAVIS said that the time for raising this
question Of reception when the petition was pre-
sened not after the resolution had been read, the pre-
vous question moved, and molon 10 lay heh al on
the table had been made.
Mr. CUSHING again rising
Mr. BOYD said if the gentleman from Massachusetts
would allow him, he would again explain his notion
lie rosa lie said in his place, and offered petition
praying COR the repeal OF the Bankrupt law and al inc
same time he offered resolution oil instruction TO the
Committee On the Judiciary; after which, and before
taking his seat he moved the previous question: lie
then took his seat and the petition and resolutions were
announced BY the Chair, and the latter read to The
House by the Clerk. Upon this lie again rose and
mnyed the previous question. In short, 1t was ael
The petition had been received after the resolution
had been read and the question stated on It BY the
Chair
The SPEAKER, in reply 70 the question by the gen
teman from Massachusetts, (Slr. Cushlng) said thai
the question had 50 often been decided by the House
that the Chair was bound submit, though he might
not consider such decision strictly parliamentary. II
had again and again decided that the mover OF pro
position could, presenting IT. follow 1t up with
motion for the previous question: As to the question
of plion parliamentary Ia presumed petition
to be received by unanimous consent, unless that CUES
ton was raised nj the time.
Mr.. CUSHING appealed from the decision Of the
Char.
Mr.ALLEN Of Maine called for the yeas and nay:
on the appeal which were ordered and after re
marks from Messrs Thompson, Wise, Cushing, Me
Kean, and Sprgg, the question was taken, and The
House determined to sustain the decision Of the Chair
the ayes and noes not being counted.
The question was then taken on Mr.. Wnhrop's mo
ton TO lay the subject the table, and
Mr. CAVE JOHNSON having called for the yeas
and nays it was decided in the negatlve-yeas l03
nays ID
After some conversation, Mr.. BOYD modified his re
solution so as require the committee TO report IN
stanter instead OF At clock.
Mr. GRANGER moved to lay the whole subject or
the tabe-yeas ~, nays l15.
Mr.. CHlTTENDEN moved an adjournment reject
ed-yees go, nays Id. -,
The previous question was then carrled-yeas ll3
nays IS.
Mr. TOMLINSON moved an adjournment: rejected
yeas "a, nays Id
Mr. GRANGER rose to point of order, and in.
ouired whether the resolution being modified, SO as tc
require report instanter, it did not require vote
twn.thirds TO pass it.
The CHAIR thought not.
Mr. GRANGER then called for the yeas and nay:
on the main question, which ordered and resulted
yeas ll6, nays 90.
So the resolution of instructions was adopted.
Mr. MARSHALL and several others then called
for the report.
Mr. GRANGER rose and asked whether the Com
mttee the Judiciary could report The bill in the face
| oc, ha orde nv n of nd
override the regular business of the House.
[Cres from several the report is the regular bust
ness.
| Mr.. JOHN c. CLARK said that it wonld be time
enough 10 make that objection, when the chairman o
the Committee rose with the report. He calico
for the regular business, which the reception of pc
titions under The suspension Of their rules.
| Mr. WISE said that as of the majority who hat
passed the order requiring the committee the Judi
cary to report ins,anter, he had right to demand
that committee that they should now present their re
port in obedience to the order Of the House, and he
ca1l their chairman IN rannr