The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-12

the testimony be read, and the Speaker has de-
cided that these gentlemen are interested in that
"resulr." He denied there any ''reSult" to the
motion in which they were personally interested.
MIR. FoRD would vote against the decision of the
Chair. He did not consider these gentlemen inte-
rested in the result of the notion and believed they
were entitled to vote.
Mr. GORDON contended that the rule was to pre-
vent any man from voting in case in which his
mind was likely to be biased. 1t did not contem-
plate only money intent, but anything that would
bias his mind He would therefore vote to sustain
the decision of the Chair.
Mr.. GoLDsBoRoUGH said he had voted against the
reading Of the testimony, but when an attempt was
made to deprive gentlemen of their rights he must
oppose it. Who would say there was any pecunia-
ry consideration, when these gentlemen are euti-
tied to their full per diem let the result be as it
may? | would ask the gentleman from Alegany,
if there have not been local and private measures
before this House, in which he, as well as other
members, were directly or indirectly interestcd2
Look at the journal of the House, and you will be
able to lay your fingers on many bills in which gen.
temen are personally interested.
Mr.. STAKE was compelled to disagree from the
Speaker. The rule applies only where members
shall ''be Immediately and particularly interested
in the result" | appeal to every man of common
sense on this floor to say whether the rule is liable
to the construction put upon it by the gentleman
from Allegany.
Mr.. KRAFFT asked whether the delegation from
b altimore are entitled to vote upon the appeal.
The SPEAKER thought they not entitled to
vote.
Mr.. CoMProN moved to lay the appeal on the
table.
The aves and nays were demanded.
Mr.. BERRY moved call of the House, which be-
ing seconded, he demanded the ayes and nays.
Mr.. BRIsCOE, as soon as the call was commenced,
moved that further proceedings be dispensed with.
Mr.. DENNIS demanded the ayes and nays, which
were called.
When Mr.. KRAFFr's name was called he enquir-
ed whether he was entitled to vote The Speaker
replied that he entitled to vote.
Mr.. MCALLISTER moved an adjournment, but did
not press the motion.
The SPEAKER then decided the question before
the House to be the motion to lay the appeal the
table, on which the ayes and nays were demanded
Mr.. FoRD,on being called, said, ,as the motion was
out of Ider, he would vote 'no."
The roll being called, the decision of the Speaker
was sustained as follOws-ayes 43, nays 20.
Mr.. DENNIS rose to point of order.
Mr.. GORDoN then withdrew his objection to the
gentleman from Baltimore county.
Mr.. FORD moved that the gentleman be permitted
to withdraw his objection, and called the ayes and
nays
Mr.. DENNIS objected, and declared that he could
not withdraw his motion without the consent of
the House after the calling of the roll had COM
menced
The SPEAKER said his duty was to preserve order
and to facilitate business and he intended to do Sc
despite of all factious opposition.
Mr.. DENNIS contended that the question now be-
lore the house was on ms motion to read the teSti
mOny, the vote on which had been interrupted by
other motions contrary to the rules of order
The SPEAKER decided that the gentleman was out
of order.
Mr.. BURGESS, whilst the ayes and nays were being
called, declared he was not willing to do violence
to his judgment even a question of order, and
would vote ''no." He is a Democrat, but cannot
consent to these proceedings.
Mr. FoRD called him to order.
Mr.. BURGESS would not be gagged-he had rights
on Hoor nd Uould mo ntain
Before the vote was announced Mr.. DENNIS rose
to point of order, and contended that the House
was proceeding out of order, and had been for an
hour and a half.
but announced the vote, which was-ayes 3S, nays
26. So the House allowed Mr.. Gordon to withdraw
his objection to the Baltimore delegates voting.
The SPEAKER then announced the next question
to be on the motion of Mr.. Dennis to read the tes
timony.
Mr.. DENNIS said he had made no such notion
that he had called for the reading he had the rgh
to do, and the House had no right to take a vote
on it. 1t was his right and could not be overrued
by vote of the House.
The SPEAKER decided that he had made a motion
that the testimony be read and insisted on putting
it to the House. The ayes and nays being called
the House refused to order the reading of the tes-
timOny-ayes 90, nays Al.
The SPEAKER then announced the question before
the House the resolutions of the report expell-
ing the city delegates, which resulted as follows
ayes Al, nays 7.
So the seats of the Baltimore delegation were de-
clared vacant.
Mr.. DENNIS, who had refused to vote, then de-
sired that the following protest be entered on the
journal:
MARCH 10, 1860.
This House having refus sed. by of the majority of
the members thereof to permit the testimony taken in the
contested election from Baltimore city be read in
violation las they beeve of solemn rule of this House,
and having proceeded to vote upon and determine said
cases, the undersigned refuse to vote, and ask that this
protest be entered on the journal.
(Signed,) JAMES U. DENNIS,
A. V. STAKE,
AzA BEALL,
r. b. Mccoy,
JOSHUA WILSON,
W. +. BAYLEss,
ID. W. MCCLEARY,
DAVID RooP,
A. MEDDERs,
ALEX WILSON,
J. W GoRsUCH,
J.H W. STANFORD.
Mr.. FoED moved that the protest be entered on
the journal.
Mr.. STAKE and several other American members
desired to be included in the protest, and signedit
The Baltimore Delegation then proceeded to put
on their overcOats, pack up their books, and pre-
pare for their departure. There general
shaking of hands all round, and business was sus-
pended fon some minutes during their exodus.
Mr.. MORGAN then offered the following order, to
go the journal, which adopted
Ordered, That the protest Of the American men,
bers of this House be entered on the journal, and
that it is conceded that the testimony in the case
has been printed and in the possession of members
for some days.
THE CoMPTROLLER's CASE.
Mr.. DENNIsoN, of Baltimore county, then called
up the report of the Committee in the case of Jar
rett and Purnel.
Mr.. DENNIS demanded the reading of the testi-
mony.
Mr.. DENNIsoN contended that he had not yielded
The fOor and called the previous question on its
adoption.
The ayes and nays were called.
MIR. MEDDERs, when called refused to vote, land all
the American members refused.
The SPEAKER decided that they must vote under
the rule.
Mr. DENNIS read the rule. which declared that
refusal to vote be entered upon the journal, but
the House has power to compel a member to
vote. He would like to see who would compel him
to vote
Mr. JACOBS desired to be excused from voting,
as Mr. Purnell is a near neighbor and personal
friend of his.
The vote was put, and the resolution declaring
Mr.. Jarrett duly elected to the office of State
Comptroller adopted-ayes 36, nays l.
Mr.. DENNIS desired to enter protest on the
journal.
Mr.. DENNIsoN, of Baltimore county, called the
yeas and nays and withdrew the call, when assured
the protest would go on the journal in either case.
Mr.. Dennis protest was then, by consent, entered
as follows:
In the matter of the contested election between Wm
H. Purnel and A Lngan Jarrett for the Comprollershp
of the State the majority of this House having proceeded
upon and determine such in relation the
undersigned believes, of the rules of this House. without
reading any testimony in said case and therefore, in the
absence of all testimony and for the further that
said resolutions have been read but and that to day
they the undersigned DO therefore refuse to vote
said resolutions and respectfully ask that this their pro-
test be entered on the journal.
JAMES U. DENNIS
and other American members.
AFTERNOON SEssIoN.-On motion of Mr.. MORGAN,
of st. Mary's, an order adopted to require the
Chief Clerk of this House to send copy of the tes
timOny in the contested election cases in Baltimore
to each of the members of the Congress of the Uni
ted States.
The general Appropriation bill, for defraying the
expenses of the government, &c, for the year end
ing January 1861, was taken up during the early
part of the afternoon and was under consideration
until an hour after nightfal. Several amendments
of general interest were put into the bill. An
amendment, however, appropriating ST 923 to the
timore and Frederick troops to Harper's Ferry
during the John Brown raid, offered and
adopted. The appropriation bill was finally passed
by ayes 3S, nays 2.
Mr.. McCLEARY, of Allegany, announced that he
did not intend to vote any more in the House. He,
however, changed his mind and voted against the
appropriation bill.
MIR. FoRD, of Baltimore county, then called up the
bill making appropriations for the support of the
Government for the year 1862. Read third time
and passed.
ADDITIONAL BILLS PASSED.
A bill to incorporate the Maryland Patent Fire
arm Manufacturing Company. bill to incorpo-
rate the town of Rockville, Montgomery county.
Senate bill to incorporate the Farmers and Mer
chants Mutual Insurance Company of Frederick.
An order offered by Mr.. BRIsCoE, and adop-
ted. to notify Judge Krebs, of Baltimore City Cir
cult Court, of the action of the House in the matter
of the contested election of Kerr Gather,
announcinu tho rem0Val Of Mr. Gather