The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-04

own rules; and he called the attention of the Speaker
TO the rule, TO decide whether not this House wa
competent TO settle this question for fsslf IL NIGH
be within its competency 10 tile Il pnospectiyey
but he raised the question whether to settle II for
themselves would not be IN violation Of the 40h
rule, which prescribed that "no member shall vote
on any question in the event Of which he is immedi-
aely and particularly interesled.n Laughter Ii
would, in his opinion, be palpabe violation OF it,
Mr.. MCDOWELL. lrlse TO question Of order
also.
The SPEAKER. The Chair win entertain no
other point of order, until the one raised by the
gentleman from Tennessee is settled. In reference
this point he decided that, in the matter of Seats
the interest of the members Of this House was
strictly interest in his representative, well as
in his individual capacity, and therefore the point
Of order of the gentleman could not be sus-
tanned
MIR. MCDOWELL now raised his point Of order.
Under the parliamentary rules practised upon by
this House, they had taken their seats. Each gen.
teman therefore, had vested right laughter in
in his seat, Of which right this resolution was de-
signed TO divest him. Hence, to vote upon this
question was incompetent, supplementary, and he
submitted to the consideration of the House whether
il would not be unconstitutional, violating vested
right Renewed merriment]
He sent up, to be read at the clerks table, an ex-
tract from Jeersons Manual bearing on this point,
which prescribes the mode long practised of in
dividua selection of seats not taken, to be indicated
by taking the key, and entering his name upon his
desk.
The SPEAKER remarked that il would un-
doubleday be within the power OF the House TO
take the proposed action, in case majority de-
termined 10 do so.
Mr.. #. B. KING called for the reading Of the
rule Of the House upon this subject.
The SPEAKER replied that there was no rule
regulating the matter,
Mr.. HUNGERFoRD renewed his motion to lay
on the table.
Mr.. COBB asked the yeas and nays on this mo
ton; which were ordered.
The question being taken, the vote stood MS fol
lows yeas 80, nays ID.
So the resolution was not laid on the table.
The question recurring on the original resolution
the yeas and nays were called for
Mr.. MCCONNELL asked TO be excused from
voting, and for leave to state his reasons to the
House for declining to vote the question before
them.
Several voices--"Go on--go on"
The SPEAKER said such permission could moi
be given without the unanimous consent of the
House. He therefore must deny the privilege de.
manded.
The vote waa then taken, and stood as follows
yEAs-Messrs. Abbott, John Quincy Adams, stephen
Benton, Burlington Biggs Boyd, NJ Brown, w. a. Brown
Burt, cahcait, John O. Chapman Reuben Chapman
Culom, Cammins, Cunningham, Garrett Davis, Delano
Dobbin, Dockery, Dunlap, Edsali. Ellsworth. Ewing
",
Grider Grinnel, Grover, Hampton HARRISON Harmanson
Henley. Herrick. billiard. y b Holmes. Hough. g.
SON. Joseph johnson, A. Johnson, O. W. Jones s. Jones
Kennedy Daniel P. King, Leake Lewis Levin, Long, MIC
tine owen Pey Pollock Pres Ramsey Reid
Rhett, Ritter Julius Rockwell Root, RUSSELL Scammon
Caleb smith stanton stephens stewart Strong sykes
Thomasson, James Thompson, Jacob Thompson lib
S %ei Wnhrop Wood Wight
Yell Young, and Yost-li6
andersen gay amss Hlacs Bansh
John H. Campbell, Collamer, Constable, Dixon Erdman
csln Giles Gordon Gahs% ms%in n hsrPer moge
D. Hubbard. Hudson, Hungerford, Hunter. Jenkins
b King kS L%pk Masa
Ilvaine. Marsh Miller, Morris Morse Moselcy Mouon
Nevin, Parish Payne Pendleton. Perri Relfe Rockwell
Sawtelle, Sawyer Seaman Seldom, Severance, Truman
smith. Robert Smith, Stanton starkweather st. John
s,ohm Tsyi0T BENJAMIN Thompson Thurman Tlden
Mr.. PAYNE suggested the proprety Of allow.
ing members to draw seats for their absent col
leagues.
The SPEAKER urged the House to proceed
with the business Immediately.
Mr.. RAMSEY moved 10 reconsider the vote jus
taken. Expressions of dissent.)
The SPEAKER again reminded the House thai
il was required to proceed to execute the order JUS
made.
Several voices 81 will keep the seat Inow occn
py." (Laughter.)
emily with its own order.
AT this point Of the proceedings, good deal Of
confusion obtained in the House--each member ap
parenty intent on his own way Of disposng of The
| seats.
The SPEAKER called the House to order, re
remarking that it was impossible to proceed unles:
| gentlemen took their seats.
| Mr. DOUGLASS moved that, in the absence oil
any member Of the House, it should be competen
for his colleague to draw seat for him.
| Some members having expressed dissent TO thu
| motion,
The SPEAKER observed it would be the bette
way to allow the right of drawing by proxy, unless
the House ordered otherwise
| Mr. HAMI.IN could not assent to the propose
| on any account. If Mr.. YANcY was present or
the first day Of the session, ii his duty to BIZ
here to-day. Ii he was prevented by indisposition
that was another matter. To allow individuals no
present to select seats by proxy would be to give
them prior right over those who were. He (Mr
H. came in season and selected his seat and thought
il hard that those who ought to- but did not attend
| should compete with him for it,
| Mr. GARRETT DAVIS called the gentleman te
order. AZ
| The SPEAKER decided that the order Of the
House was imperative, and that all debate mad
| missible.
Mr.. HAMLIN thought he was at least entitled
TO know what the resolution meant.
| The SPEAKER informed the gentleman that he
was out of order. :
| Mr.. HAMLlN arose, and said, with some warmth
that he appealed from the decision of the chair.
! The SPEAKER was proceeding to put the ques-
ton on Mr.. HAMLIN's appeal from the decision Of
the chair when
| Mr.. HAMLIN arose to say that he withdrew
his appeal
! The SPEAKER then announced that the ques-
| ton before the House was on the motion Of the
gentleman from Georgia; and that it was, under that
resolution, understood to be eligible for absent mem
bers to draw seats by proxy.
| The clerk read the resolution; and
! Several members arose simultaneously to address
| the chair.
| The SPEAKER again reminded gentlemen that
no debate admissible on the question.
| Mr.. HARRISON suggested, before going fur
Their, that all those who inclined should be per-
mitted to retain their seats. Loud cries of "no,
"no."1
Mr.. MILTON BROWN moved that the House
should go on at present with the drawing, reserve
the number drawn, and in the evening make the Sc
| leciions. [Cries of "no," mol
| The SPEAKER repeated that it was not in order