The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-28

reason that he had not been able to com. to decision
In his own mind from the testimony to which Of the
contestsns entitled to the scat He referred to tho
In which he contested the seat In Congress Of David
Jacksop from the Sixth district of Now York, to show
that Congress did not recognise negativing proposition
equal t. Affirmative After speaking for time
upon the position In which the House had been placed
sdored important one-tbat relation to the in
terpretaon given to the sixteenth rule Tho Speaker
had decided that the sitting member had right to vote
on questions involving right to his seat. He thought
the interest referred to in tho rule not confined
pecunary interest But there great doubt whe
tie the decision OF tho Chair correct 1t mat
ter not settled. The Speaker had left 1t with the
member himself whether he should vote not.
lie bed that he should not have voted and he thought
DIR Snow would live long enough to regret that he ha
1t was contrary to all parliamentary practice Tho
House, yesterday bad decided nothing The resolution
Of the gentleman from Westchester was to . nav and
tangible proI Iofition and entirely In order Mr M
tnued st considerable length upon various subjects
Mr. WAlsH followed, principally in commends'ion Of
the remarks and poeion Of Mr. Monroe and Ia abuse OF
The CH. asked the indulgence OF tho House while he
made an e1psbation after what had fallen from the
gentlemen from Eric aud from New York Amongst
other things he raid he had the misfortune to be
peftor Of the gentleman from Erie for the seat he
Occupies How long that composition would continue
remained to be seen lie spoke at some length.
Mr. WAIsH moved the pre- vious question.
Mr.. monRat hoped the gentleman would withdraw 1t.
Mr.. WAisH-Certainly, after tho magnsnimou oon.
duct of my colleague, l viii withdraw II.
Mr. Van VALKsNnona said he had not designed to have
spoken the question before the House and should
sued towards the presiding officer of the HOUSE, by
membsts upon the floor OF the House Ho was proceed
Ing. when
Mr. VAN sANTyooRp called to order
Mr.. BATCH made some remarks
Mr.; Van vAIkrsnvFo, 1Thie) of steuben- Let the
CALLED jade vince our withers unwrunsn and pr,
oetded to review the ocsedins Of the House yester
day nsting that tn. decision Of he chair correct
be ced the action OF the House IL tne Of Fillmore
end Westbrook in which the House had morely voted
that Mr. Fillmore was not entitled to b, seat. They
parsed vote affirming the right cf the ting .mber
held bis tsst by right Of the certificate of election Hs
csntnu.d to address the House at much length ia sup
port OF the decision of the chair.
Mr. K,yrs (dem } Of otseRe followed coudsmnatory
Of the course pursued by the whgs Of the House In
avoiding direct vote upor Che question
Mr CUSHING said lltnan from seubsn has
ssid that the House reach vote on the ques-
tion, Il they stayed 4Bl Re gave hin notice that
from this time her orwa;d they the dsmoorats,
with them
Mr. WAl.u moved tae previous question, the appeal,
ana upon ordering the yess and nays were called md
being taken vere-yess B; pays, 4-no quorum voting.
TLe clerk called the ab.entees but no quorum voted
Mr. CusHIsc asked il the rules in the red book were
yet iEe rules Of the House.
The chAlnreplied that he supposed they were.
Mr. CufH'Se said he bad beard gsnlemen on this
floor take OATH ut tbs OF the session,
TO support the contribution and tho laws. He charged
directly upon gentlemen upon this foor that they
bere for no other purpose than TO endanger the action
Of the Hou,e Hs called upon tho Speaker to compel
them to do what their OF doty and their
honor should have Induced them to do.
Mr.. BRADLEY, (whg,) of Cay uga That is the very
thing sm doing lam doing what my sense Of daty
and honor inppls me to
After further discussion, noise. and confusion
the sbseDtees were sgain called On reaching Mr Brad
leys nome
Mr. HUMPHREY moved that he be excused and upon
thi called for the ayes and nsys, which ordered
the cell was mmenoed and had proceeded far as
the Of Mr. Monroe, when he de ,lined voting a
the ground that the procs edipgs we're irregular.
motion wss made that he be excused and upon
this, TIE syes and nays were called for
Mir CusHIra warned the majority to pause In what
they were doing. II this game was contiBuad he was
prepared for revolution II necessary II those who
usually in the majority here do not do what Is right
vorcr-You are not big enough.
Noise and confusion again prevailed and Mr.. Gushing
Mr.. MorsoE said hs had Withdrawal his motion to be
excused and should take the responsibility Of declining
to vote.
lied the action of the accidental majority to-day
tricky and dishonest, and was proceeding when
Mr. JOHNSON called Mr. to order for speaking to
the question before the HOUSE.
Mr.. BRADLEY then sat down.
The cali Was then proceeded with but no quorum was
The sSsep1e.s were called but still there was no ouo
rum voting-the ayes being only Z, and noes 49,
Mr. VAN sAST,ooRD moved another call Of the House.
The CLrnK then proceeded to count the members land
sscertaned that there were 80 present.
Mr.. VAN eANTvooRD inquired If Mr. Bradley was now |
compelled to vote the motion to excuse him having been
The SPEAKER (Mr Underwood) decided that o. no |
quorum voted the motion was declared lost.
Mr. vAN sAsTvooap would be Obliged to the speaper
vote, when quorum was known to be present
The CHAR cited the rule and decided that 1t required
Q quorum to be present and voting.
After some further discussion, Mr. CUSHING inquired
what the further business before this excellent oody
The CHAIR raid it for the House to order.
MIR. CUSHING inquired to the state OF the vote just
taken
The CHAIR said he had already decided
MIR. HumrHrEr moved that the sbsentees be called
hr WAIsh moved and that they be compelled to
vote" Carried.
ters should vote and he them in their seats and
not voting, he should be compelled TO make them vote.
The Ci rRK proceeded with the call. When the name
Of Ar HorSut called he proposed TO give his
for not voting.
MI WALSH called to srder as the Hou,s had Just d.
rtced by resolution that members should be compelled
to vote
The decided that it required unanimous consent
to excuee.
Objections were made.
MIR HuplBur refused TO vote unless permitted to
There was again considerable noi.e and confusion and
the Speaker directed the Clerk to suspend the call and
called upon the Sergeant at. arms to preserve order
The Sergeant at Arms made Lis appearance and inti
mated his readiness to discharge his duty.
Wien the name Of Mr. hoSss was called, he asked to
be excuset. BE regarded IL as privileged question
and proceeded to make explanation. lie considered
the taking Of the ayes and nays upon the oton
cuse Mr. Bradley, rhc they were being taken
ther question: as out of order and he differed with the
Chair upon tie question Of the necessity of quorum
vot:sg when there was quorum in the House With
this explanation he withdrew his motion to be excused
Mr. A Row (whig) Of Gerssee, was called He did
not plead Ignorance; he would like by what
authority The Hou,e would compel him to vote!
Mr. Cusr,Sc Where Is the Sergeant at Arms,
Mr. RowE--The Serg rgcent.at Arms nor the gentleman
from Toppkns can compel me TO vote.
The CHars directed ths g.ntlemsn from fompkins to
take his seat
Mr. Rowr asked fifteen minutes 10 examine tae roll.
The CHain decided that under the rule and by
luton CT the House, he wss compelled to vote.
The Sstgsant atArus wss again called to preserve
order
Mr. RewE voted aye.
The call having gone through IL appeared that
seventy members we're present-aysslS noes ST. 30 Mr.
Bradley was excused. Mr. Bradley name Called
bot he not present.
Mr. O. sryyKss (whig) Of Onondass He has gone out
for refreshments
pr WA az would say for the benefit Of members that
ndng the Meme law under cons deraton,
he had found ref eshents in the Of the
at Arms E15sgfsI
Dr WEsB (rbig) Of Madison rose to question Of
privilege lie sent up resolution, directing the Clerk
furpsh refreshments for the members aud officers OF
the House reporters and that the Comptroller charge
the tame to the fuel fund.
Mr.. CUSHING inquired If the absentng Of Mr.. Bradley
not q contempt Of the House?