Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-12-21

MrrERGusoN would sit in his seat until the end OF his
term, rather than vote 70 SEND tn
,,ct He was convinced that election had been Haoe'
md that if the crier had erred the House should decide
Fty hre, members had voted that there had been an
election and he believed that there had been election
Inns believing If the crier was the returning ocer the
be- There can be no case "nerc NET
has been election If one was not elected the otne
he and he was willing to vote between them. Members
who had difficulty in regard this matter could be cIcusea
Mr.. S'TROTHER thought that it was our duty 10 vote on
NIL questions arising before the House. IN
THE pyous question then rejected ayes A. noes 9V
Mr. DORMAN would not be excused from voting re
sent here TO represent his people and he did not nenn
70 he dictated 10 by John LIST of Petersburg by James Isl
OF the territorial District OF Logan and Boone. az,
Mr. CLAIBORNE with the gentleman from M. VII
linn was the ONLY Democrat who voted with @Ie Wing par
" last send the election in case OF ne back 10
the people The 50 who voted for Tebbs and g who voeu
for Mr. Horner proved that large majority believed iheie
was an election He appealed TO the minority 10 ask 10
be excused from voting and that the minority settle this ques
Mr.. SHEPARD moved the previous question
Mr. RIVES hoped the main question would not be put as
injustice would be done by the amendment OF the gentleman
from King W lllialil -,
gentleman Franklin and the Wing party last summer 10
send election back the people was that he did not be-
leve any officer had the constitutional power TO decide
between candidates when there was tie.
The main question was then ordered
Mr. WATSON made a personal explanation
Mr. CARROLL said he voted against the resolution oier,
authorized TO give the return in case OF Tie. he oee'eo
that Mr.. Homer was entitled 10 the seat. .
Mr. RIVES thought that the cards were stocked on M
Homer and he would remain silent unless he forced 10
Mr. WILLS agreed with the gentleman from Williams
burg that far regards one OF the candidates there was
no election He had made up his mind the other
gentleman He would prefer to vote that Mr. Honer was
entitled than deprive the people of repre-
sentative.
The vote then taken Mr.. Tomlins amendment and
il reJccted-ayes y, noes 49,
MIR. HARYIE moved the previous question.
Mr. SOUTHALL desired know whether il was not the
duty the Speaker issue his writ Of election there was
vacanoy the House having decided that Air Homer is
mol elected and also that Mr. elected and these
being the only persons claiming the there must be va
MI HARvIE did not consider that the question had been
settled. -
Mr. PERRoW agreed with the gentleman from VIII
amsbug that the Speaker should issue his writ of election
The SPEAKER said that the Speaker had never issued his
wr of election without the order OF the House He thought
the House should decide whether there vacancy or
not The chair thought the amendment of the gentleman
from Logan was in order and that the House must vote
upon il.
The previous question then ordered
The question then up the aend nent of Mr. Fer
guson, as published in Yesterdays proceedings -,
The amendment was then adopted: ayes 81, nays 81.
Mr.. SiME moved the following resolution
Resolved That the Clerk call the roll of the House. and
that each member who believes that Mr. Homer is elected
shall whfn his name is called respond Honer and that
each member who believes that Dir Tebbs elected SHALL
when his name is called respond ebbs and that the person
who receives majority Of quorum shall be declared en-
titled the delegate from the county of Fauquer.
Mr. HARvlE offered the following substitute for Mr..
Syme's resolution;
1t appearing your committee from the evidence before
them that In the election from tho county OF Fauqie at the
last election equality of votes were given for Inman
Horner and Samuel .Tebbs and 1t appearing that under
the law il was then the duty 10 decide the said con-
Resolved therefore, That he entitled TO seat in the
prcsen. House of Delegates.
Messrs silIE ana HARvIE withdrew their amend
Mr. FERGUSON offered the following amendment
lst. Resolved, That - has been and rs duly returned
and qualified Delegate the represent General Assembly
from the county Of Fnuquicr
I'd. Resolved, That in proceeding fill the blank in the
foregoing resolution The Of each member shall be called
BY the Clerk and he shall either respond TcbbS Honc
No Election; and whenever either of the individuals named
shall receive majority Of the votes cast he SHALL heeupon
be admitted to seat upon this floor delegate from said
county
The roll was then called, and resulted as follows:
Poa $, e. TEBBs-Messrs. Alcn Layne Haryie, Gibson:
Flood, Brown Of Bath &c, Gilmore, Wells, Lewis OF
Brunswick, Morris of Cabe &C. Buckner, Clark Of Essex,
Williams Of Fairfax, Hume, Hill Claiborne, Edwards,
Lewis OF Harrison &c, Boykin Duke Worthngton, Min
ter Ferguson scho9ey Ball Shepard Warnan Bu,l, Bus
Harrison, Hall, Quilen Pinan, Hass, George and West
FoR l. HoHxEn-NIcssrs Hopkins, (Spcaker,) Bennett,
Jones of Chesterfield Barbour Carroll Cook OF Geenes
Vile Fleming, Stump Howser, Harris Newman Coleman,
Williams Of Mecklcnburg Beirne Smith, Duckwall Rives
Cook of Roanoke Marz, Herman, Hargave and Nicholson
No ELEc7iox-Messrs Watson, Carter Shelley Nit
che, Forbes Wills, Clarke of Campbell Page Guerrant
lin Jones Of Marshall Hicks Kiby Perrow Stubs, VERIFY
Wheatc, Robertson, Neal, STROLLER, Dorman, Patterson
Yancey, Griffin, Sue Cook of Wood &c, and Boyd-3i
Mr.. HARFlE believed that there had been election
He did not think that should defeat the right of the
pie of Fauquer But there vas doubt which one was
entitled seat and thus believing he would not hesitate
change his from the gentleman for whom he had pre-
vously voted
Mr. STROTHER though, that the great principle of rep
would not be served by giving seat to one who
was not entitled.
Mr. FERGUSON would have changed his vote had a ma
jory of votes been cast for Homer
Mr. MARTZ believed that there had been election, and
although he had voted for Horner, he would vote for
Tcbbs.
Mr. CARROLL would 90 with his friend from the 10th
Legion. He thought too much time consumed in
speaking on the floor of the House.
The roll was again called and resulted as follows;
FOR s; G. TEgus-Messrs Hopkins lsPsaker( Allen,
Lewis of Brunswick Morris Of Cabel Buckncr, Clarke of
ESSEX Williams Of Fairfax Hume, Hill Claiborne, Edwards
Howser, Miner, Ferguson sehooiey Ball. Shepard War
man. Butt, Buswe iiiner, Syme rownes, Cackey, Wheel
er Garrison Harrison, Hail. Marlz CULLEN, pman Hass
ISMAS HoRSER-Alessrs. Bennett Jones of Chesterfield
Barbour jr, Cook of Greensvlle, Fleming Harris, New
man. Smith, Duckwall Ryes Cook Of Roanoke, Herman,
Hargraye and Nichoson-l4,
No ELEcroS-Messrs Watson, Carter, Shelley, Mitchell,
Forbes Wills Clark OF Campbell, Page Sllnan Clopton
Masse Price Wickham Welton Lancaster, Patrick, Wal
lace, Tomlin Jones Of Marshall, Kilby Perow, Sn,bbs
Wheae Neal STROLLER, Dorman, Patterson Yancey Suite
Cook of Wood and Boyd-35.
The roll called the third time and resulted similarly
the previous CALL with the exception that Messrs Watson
Mchell Forbes Clarke Page, Price, Wickham, Patrick,
Cook OF Wood Houser and Shepard did vote
and Messrs. Williams and Wood voted for Tebbs
The vote STOOD for Tebbs As, Homer II, No Election 49,
So the blank filled with The name of Mr.. Tebbs The
resolution amended agreed to- and amended the
report of the Committee adopted.
Mr.. HUME moved that Mr.. Horner be allowed his per
diem and mileage.
Before the vote taken the House, motion of Mr..
FERGUSON adjourned