The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-02

The Chair (Mr EIswoRrn) stated that It had been 50
Mr.. Sxssuoss-To day believe ID the Arst instance
The vs,e wss then taken ON laying the previous ques
the inquiry, In rder to to lay the prev
question on the tableP
The cHAm again stated that had been so decided on
The calling of tho roll was then continued, and the
motion to sy ths previous question ON the table was
Mr.. L. H. SMITH moved an adjournment. Not in
order.
Voice -"oh no, Ulster, not this time"
The previous question then ordered being the
adoption Of the resolutions offered by Mr. d. B. Taylor
Mr.. L H. SMITH moved call of the House. Not in
order,
Tie resolutions were the. read by the Cork as f,l
ows:-
Resolved That the State of New York congratulated her
IL si; a:
duties o, The States to each other under tho Oons
side Wiz sRs spiasa .:. =
an s Sa IN s 1 S
% % fs sas We Of ss %
hs ts s this s0n Ss
s aide or the BY any power beyond rrossn'
trines the Inaugural that involuntary servude it
Is 4 stands III: Any other s5ais.sa
that the law Of sso oonmess sailed The oompTonis.
nsy Carried the conssitStsd .ashertiss
this republic bound TO regard the rights Of tho South
their propristy IN isSsns
see.ty hut chser1l and according 70 the decisions Of
the state Of New p.dses 6sr The hss
lay 1y she the the 10
faithfully enforced within tho limits Of tho State
Mr. LOOMS called for division Of the question: and
the vote first taken the adoption Of the first
MIR EEMAN's name being called he asked to be excused
from votng He tent here to egsate to assist in
making and not to express opinion in regard to
the aominstra sn Of Franklin Pierce his followers
whether barnburnsr or bunker. decline voting.
Mr. MARSH (dem Of Tompkns moved that the gen.
tenan from Washington be placed in the custody of the
Sergeant al Arms for refusing TO vote
that would be out Of order until the list wss called
through.
Mr.. a. c. HAIL (dem.) Of Oneida, appealed from the
Mr.. BzMAN voted no, and the matter dropped.
Mr. HAsSGs' name having been called, he refased to
vote. He denied the poser OF the House to make him
express opinion matters other than appsrains to
the kgi laton Of the State.
Mr., CIAPP insisted that members Of the House should
conform 10 the rules adopted by the House for its
Ment.
The CHAIR again stated that this matter would be called
up after the list vas called through.
Mr. W TAYLoR's being called, he asked to be
cused He had always opposed In this House any action
on matters not legimsleiy connected with the state
government. However, will vote the whole batch.
The abeeptees we're then called.
Mr.. w. TAYLOR, (whig) of N r. inquired ~ to any
ton the where members had declined to vote
The CHAR-1he House will take such action as it may
dee proper.
Mr.. Mn1hR-My impression is there is not . whig On
the roll who ought to vote on this question.
Mr.. CAFP TO question Of privilege The members
comprising the minority had rights here and should be
treated with respect.
Mr.. MILLER moved to excuse every wbig from voting.
daughter
A VolcE-Has Mr. L Osgood voted2
Mr. L OsGooD (dem OF Chenango-He has not and I
question the authority o the House to compel me to
press opinion matters not connected with subjects
properly before he legislature appertanpg the
Mr.. ST JOHN ose point Of order and stated that II
The House series Of resolutions by
the House, it WAS incumbent on the members Of the
House to vote on the resolutions after such reception and
action.
MIR PAYNE (wbig) Of Monroe submitted to the House
whether two members could set up their opinion
here 20 what the legitimate business before
body, against the decision of the House He would
ask IL they TO be the judges whether that matter
be left, where il had always rested with the
Housewbether they could vote leave it alone
cbcse-aDo would AK il such q course not q con-
tempt Of the HouseS
The CHAIR stated that when the question was first
raised while the Gle calling the ayes and nays 1t
alter the call concluded That in the opinion of the
Chr the best course 10 and then leave the
boufe to decide what action they would institute Hany
gentleman now desired to make motion the Chair will
be happy to oe COVE ned by the vote of the House
MIR. Fl. JoHN--kr Speaker, Q former occasion Mr..
Russell Smith of New York. ted for refusing to
vote snd that, too without expression of the House
his case. L0w move that Mr. Hastings Of Monroe,
and Luther Osgood of ChensDso, be arrested for
tempt of the House in refusing to vote and placed
Ger the charge Of tn. ser geant, at Arms
MIR JAcssoN, (whis) of Chensngo moved, amend
meDt. that the and be again called and theD
II the members refuse to vote that the House take
action
Mr. BURNEr (.hig) Of Essex alluded to the proceed
rg in Congress under simir circumstances. He stated
that the general rule that If members refused tC
vote the calling Of the roll continued aud at the
conclusion the fact announced by the Speaker and
committee was appointed to report on the case. He
moved The Appointment of committee in this case il
accordance with such precedent
Mr.. BEEAY-1be gentl- -man from Essex ought to re-
collect that the decisions Washington and in Great
Britain have weight With the wisdom that presides
this House This question has been most EN- pha
esly settled by tbis House The decisions of such par
bamentarians as stevenson, of Virginia. sink into insig
pfcaDce in com ection with the Ludlow Manual and
the rules laid down by the Speaker Of this body Here
SIR, precedent have been established 1t was the law
with us " was nominated in the legislative bond and
must submit TO IT, Decisions sir never thought Of
in any other Legislative body the of this hou
They the barnburDer edcts that governed this As
sempy In this there difference in the owner
ship OF the property in this fable When the biggest
ba1buiner ia this Hose stands up here and reu to
vote, and defes the power OF The House-a member sir
who voted to order member into arrest last winter
when sir Isay such case happens is before u.s.
ne dog wags his tongue from that faction but the barn
burner Is allowed 10 escape And when bunker YES
to have the Arrest made voice raised from the
baIhburner side OF the House As was remarked by Mr.
Taylor of New York-and 1t was the best thing he ever
ssc-"the case being altered that altered the casen
Mr. LnTliJoHN (whig) Of Oswego moved that the Clerk
again cali the sbsentees.
Mr. HASTINGS stated what he believed to be the orde
In such cases The Speaker should declare whether tn
member refusing to vote IN contempt or not When
that declaration made the member the right to
ana submit his case TO the decision Of the House
Mr.. H. continued at some length this point and the
rule under IL.
Mr.. ST JOHN rose to point of order. His point was
that when motion had been made arrest two gentle
men they were ia contempt and it the duty Of the
Chair 20 declare them in contempt
The tHAIR-Ihe Char DIES not consider himself
authorized TO consider a member In cont empt of the
House without vote Of the House. He knows of no
rule which wouie low such course by the Chair.
Mr.. HASTINGS continued his remarks He did not re.
cogne any authority to compel him to vote on matters
not apIersinnR to the business were sent here to
discharge He wiling the question should be settled
in bsrroom else The resolution could not
have the effect OF lsw aud he denied the right OF the
Heufe TO do any thing the question He had taken his
position, and he was prepared to sustain it.
Mr. l. OsGooD did not decline to vote because he did