New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-03

ASSEMBLY
Conclusion OF M ,ndsy's Proceedings.

as folloxs
Epsrs,m STOW from The XVIII As eabiy ss,sc, Of
| the CITY Of New-Yo,k. be dec AIRED vacant.
MIR. BRADFORD aud DIR. BAILEY rose TO
make explanations, but were ruled OFT of order
Mr.. A SMITH rose to a question of order.
The accidental majority had tied up the hauds Of
the House, and il could cot proceed 70 business -
He held thai the disposal Of this m after was the first
! busine Sc In order.
Tie CHAIR bald the poiGt well taken.
Mr.. WALSH made some remarks.
Mr.. WEBB rose to a question of order.
The vote declaring members under contempt vas
taken, when the House was under call, aad was
consequently, irregular. -,
The CHAIR decided the point not well
| taken.
Mr.. Moss said that, according to all pre-
| cedent and parliamentary usage, ali members IN
contempt we're discharged when the proceedings
under the call were responded. The doors were
thrown open the officers of the House were dis
charged from the special duty, and members came
in and voluntarily resumed their seats lie oia no,
| TO excuse each and every one OF the members re-
solved as being in contempt These ne held 20 DC
unnecessary and contrary TO all precedent 1t was
| contrary to the ussges observed under repea'eu
| calls OF the House last winter
MIR. HURLBUT rose for Information. lie
made some inquiry in relation to the regularly OF
the proceedings.
| Mr.. WALSH replied.
Mr.. A. SMITH said at the time of these
| extraordinary proceedings he absent with three
other uembers OF the Committee OF Ways and Means,
on official business. He learned from the reading OF
the Journal that certain members were under con-
tempt. II such the case, we were still undera
call of the House. Il cannot be supposed that mi.
nory of the House, In the absence of members, for
| Unsuitable reasons for sught they knew. had the
power TO tie up their hands, virtually eXpelllng them
ard depriyiDg their constituents OF their services
He agreed perfectly with the gentle mon fron Mag
ara. He understood that the amaole De 9ocrass-
| after " hat they had done on Froay-and he was
uot gorg to say ything about IT. as ne cared but
| lit about it-NeIe gong TO offer resolution ao-
solving all members who voted improperly be held IN
contempt He hoped that such would na,e eeen inc
der bill to third reading, he saw the Gile NM In
| which the House would be placed No vote could
be taken.
MIR. HUTcuINs said that it did net re-
uu,e anything further to be said to show the absurd
NV OF the position in which the minority had placed
themselves, than had been said by the gentleman
from Chautauque. The laws of the State settled
this matter. He held that the resolution declaring
members in contempt was no: worth the paper upon
which il was written Upon this position he took mis-
stand, and was ready to stand or fall upon 1t. lie
from contempt. He heldit unnecessary. Mr.. II. read
the following:
In view OF the scenes of Friday night, he called
upon the whole Democratic party to walk up one by
one and make their for the disorder OF that
occasion. He would like also to see the gentleman
from Erie walk up and purge himself from the con-
tempt under which he s!alds for refusing to appear
and give testimony before committee when sum-
mOned.
MIR. CUSHING proceeded to reply at length
to the positions assumed by Messrs Moss, Smith
Chautauque that the first business before the House
would be 10 settle the matter OF contempt. tie held
that the resolution declaring members In contempt
was unnecessary, as members absent without leave
of the House were primd fdcie In contempt The
moment the doors were ordefed cloled, 1t was the
duty OF the Speaker to declare them so. The reso-
luton was merely adopted to expedite the move.
ments OF the Sergeanta at Arms
Mr. HUTCHINS remarked that the gentle
man from Tompkius had very happy faculty Of
mystIfying matters by multitude OF words. The
gentleman says that members are IN cOnte mpt the
moment they leave the House without leave. He
defed him to sUbs,antiate this position by the rules
OF the House, parliamentary Law or the Constitution
under which we live. The provisions under the Re-
vsed Statutes adopted to meet Just such case,
and prevent abuses such as were conte npaed6y the
accidental majority. The sentiments avowed by the
gentleman from Tompkins were obvious, and he
hoped that they might go OUT that the people OF tae
Slsl might know how IL was attempted to gag the
Whig party down, upon this floor.
MIR. VAN SANTvooRp would reply to the
Chairman of the Judiciary Committee, (Mr: Hutch.
insJ He held that the portion of the Revised
Statutes read BY the gentleman referred to persons,
not members. 1t did not include the causes ior
which members might be declared IN contemp.. lie
referred to the proceedings of Saturday morning. as
cor h,ning the position that had been taken In re-
gard to the members not absolyed.
Mr.. HuTcHINs replied tie cited the
statute TO show that the cases there stated were the
only ores for which persons could be brought before
the House for contempt And ne Denied tna' tnelc
was any rule, or Law. or parliamentary usage, to
justify the course proposed to be adopted
Mr. GALE rose to question OF privilege.
He said the proceedings of this House had been re-
ported in manner that involved breach OF p1ivi-
'eae. He read from the Nsw- York Head:
The first aud second acts Of the grand exciting po lca
snow have been perfo med in the State Assembly with
onted eclslue The second act was rather
but vet dered highly eong to those spectators
Who were able to appreciate Joke, rom the fact that the
atxts performed With such esrnestness and spirit tnxs
the House kept in continual e1cuement-so m9ch so
that some u the audience reported TO have ed taer
coats and gwen vent 10 their fesnssby unceremohouy
helsbormg each ether One incident however mared the
performance Of the showmen In his assumed capacity
OF lamp-sher undertook to change The aspect OF tne
scene by turning off the ghts but having lost ms nat
duips the operation lie likely that he Will be discovered
ard exposed accordingly.
Of the House REQUIRED that some action should be
taken in reference to it, He offered the following
refolu ion: -. ~,
ME ut the attn inst effort made BY the sudden ex
tngushn of the light to create disorder ano caused
sufututiou for the time being OF the business OF the
Rruse while engaged in It's legitimate and coasutoaal
And Ityeqs Rumor through the public press and o'hsr
souces pointed member Of this House as Participating
S'sop,d' n at select COMMITTEES consisting Of the fol-
lowitg meu beis Messrs. Monroe van Vakenourgh,
Roe sd Gesen be APPOINTED ey ' rs, -
and 10 examine witnesses n.ef OATH and t. report 10 this
Houss without delay the result Of their Investigations
or further their OPINION aud what acton called
IN on the pant this House for the proper oil
Iis d gnIiy aud privileges
MIR. WALSH moved to lay the resolution
on the table >,
Mr.. BRADLkY-Will the gentleman with
draw for moment
MIR. WALsH-CertaiDly.
Mr. RRApLEY said that il the House
wished the investigation to mend its honor or dig
nity he had 10 objections. But II 1t had any refer
cree TO hin-as had been the talk out OF ddoIs-ne
cared nothing about it. He asked no favor nor DID
be ask an investigation.
MIR. WALSH renewed his motion to lay
UPON the table. Agreed to- -.
MIR. A. Rowe moved that the order OF
peti,ions be laid upon the table Agreed to.
Mir. Rowe now asked consent OF the