The New York herald., 1869-03-05

shober and Jones' From South Carolina-Messrs.
MntIemore and Bowen. From Ohio-Messrs: stra-
Minans Beatty, Dickinson, Hoag Wilson, Van
Trump, Welker, Moore Bingham Amber. Epson
swecny. Golladay. Knott, winchester, Jones; Beck,
Adams and Rice. From Iennessee-Messrs. Butler
ass stGkes SMITH mau Flom
Niblack Kerr Holman, Julian. Coburn, voor-
nHses oT,h ynsr shanks willlams and Packard. arS
Ion, ION, iMcSseis s0 Burr, Marshall Hay, krsDs Es,3s
Einkelnburg, Mccormick, Boyd, Burdett Van
horn, asgn. Asper, Benjamin and Dyer lI,as From
From Michigan~slessrs Beaman, stoughlon, Blalre,
Ferry Conger and Strickland. From Iowa-Messrs:
on noggsrag HOp
From Galilornia-Messrs Axtel, sarsen. and John
SON From 0regon-Mr. Smith. From Kansas-Mr.
Clarke. From West yirginia--Messrs. Duval, Nc
Crew Grew and Witcher. From Nevada-Mr. Fitcn.
The absentees were Messrs. Cox, OF New York;
Kelley, Of Pennsylvania; Morgan, OF Ohio, and Hamii
The following States were unrepresented.-New
Hampshire, Connecticut, Virginia Georgia Ala
first district OF Pennsylvania, Mr.. Covodes. and
the Third and Fourth districts OF South Carolina.
PENNSYLVANIA CONTESTED SEAT
Mr.. WOODWARD (dem.) Of Pa, offered res0lu-
tion that the returns Of the election in the Twenty
first district OF Pennsylvania be referred to the Com.
i
as early day practicable which OF the claimants
| to q seat has the Drtnla f1cfe right thereto.
der that IN the osanizaoa sp Of the House the Clerk
could not entertain motion OF reference TO COM
The CLERK sustained the point Of order.
| Mr.. WOODWARD then submitted resolution 10
amend the roll Of members BY adding to it the name
| OF Henry ID. Foster, as Representative from the
Twentyhrst district Of Pennsylvania.
ELECTION OF sPEAKER-ExCITINd SCENE
which be said would take ase precedence pr ' Of the moon
| submitted by Mr. Woodward and that was that the
g. e mcon O o
burne, and 1t was agreed to-yeas 1874 nays 81.
Mr. BEooKs dem Of r N T. made ot ths Sssa pon ta ol
names OF the members elect from Georgia and Lou
| isana.
| Mr.. BROOKS appealed from the ruling OF the Clerk.
| The CLERK refused to entertain the appeal.
Then commenced scene ol noise, uproar ana ex-
element which for time threatened to result In
Mr.. BROOKS, at the top Of his voice asserted his
| right to appeal from the tyranny OF the Clerk.
Mr.. WAsHBURNE of ILL.,, demanded that the Clerk
| should go and call the roll.
The CLERK was proceeding to do so but Mr..
! BROOKS seemed determined not to be put down IN
| that way and shouted-'I am O member OF the
House. and have right to appeal from the tyranny
The CLERK mildly directed that the gentleman
from New York should take mis- seat.
Mr.. BROOKS deiantly declared that the gentleman
from New York would not take his seat on the order
! OF the Clerk.
l
/ was acting under the authority OF law.
| Mr.. BROOKS was not TO be appeased in that man.
under authority OF law but in violation OF all law.
| loud calls OF order and great coniusion).
snnnd n fSe aueson no On nomnaons for Speaker
| and he nominated James g. Blaine, or Name
AR. 8EooKs insisted on his rs right en- OF a appeal ana
| "Call the roll"
The CLERK once more directed Mr.. Brooks to take
| his seat.
Mr.. BROOKS utterly refused to do so and asserted
| that he was q member OF the House, while the per-
undertaking to dictate to him was Clerk OF the
House.
member OF the House, but only member elect.
Mr.. BROOKS.-And the Clerk u not the Clerk OF the
House nor even o clerk elect.
taken; by the law the Clerk OF the last House was
| Clerk Of this body.
the rules and the rule is that Pendng the election
OF q speaker the Clerk shall preserve order and de-
and shall decde all ee 81 oe 'n
unpleasant duty for the Clerk.
Mr.. BROOKS dnterrupting)-I know 1t Is; but the
Clerk Is bound by the law and is bound to hear the
The CLERK-The Clerk is enforcing the law.
Mr.. BRoOKs-The Clerk Is not enforcing the law,
but Is violating the law. Great confusion and ex
Mr. WAsHBURNE OF nl.-The member from New
| York should be put In arrest by the Sergeant-at-
AZ this time almost all the members were on their
feet the republicans calling to order and the demo-
Gratis sustaining the position taken by Mr. Brooks,
and the excltement was intense on the door and IN
| the galleries.
MI ELDRIDoE. tdcm.) OF Wis., inquired "a a ques-
q rmss - o p a o Se nd
| The CLERK replied that he was governed by the
| law Of the land and BY the rules OF the House.
Mr.. ELpEIpGE-It Is the law OF the land which tho
| pentiemaa from New York seeks to have enforced,
| and the Clerk refuses to entertain an appeal. do
/ not believe that the majority here to-day would
deny the right Of appeal 70 member OF the House.
| loud shouts or ''Call the roL'v
| confusion. inonirea whether there were any other
/ nominations to the ONCE OF Speaker
Mr.. ELpRIDGE. however persisted In keeping the
/ not say that the Clerk was not right but he would
say that the tight OF appeal was allowed to members
ARp'aa's !ias and announcement from the democratic
was met with vocferous shouts OF "Call the roll.n
Mr.. ELDnDGR put 1t to the other side Of the House.
whether when ,a an q appeal 2,e was taken In respectful
Mr. BRooKs-lt has never been denied.
Mr.. ELDRIpcE-lt never would be denied, but
to the sense OF justice OF Of the men who hold the
| power OF the majority here
ask to have the rule read which secures the right
MI. LOGAN, (rep.) Of ILL., appeal to the Clerk to
displays OF this kind ask that the Clerk shall have
them arrested by the Sergeant alarms.
This suggestion was heard with salvo OF clapping
of hands on the republican side Of the chamber and
| In the galleries. -.
The CLERK again inquired whether there were any
| other nominations for speaker.
Mr.. ELpRIDGE persisted In appealing TO the sense
/ OF Justice OF the majority (Cres OF "Ca the roll'
/ Mr.. BROoKs-I insist on my right OF appeal.
/ The CLERK called upon Messrs. Culom, Kelsey,
woodward and voorhees, to act as telers In count
Mr. ELDRrpGr-I ask gentlemeR II they win not
i afla ma tn
ClerkS Calls TO order.l
Mr. LoGAN-I insist that the sergeant-at-Arms be
/ ordered 10 arrest these men. tApplause ana great
1 excitementl
Mr. Bao0Ks-There is no sergeant-at-Arms
Mr.. LoGAN--we will do u ourselves tApplause
| and encouragement on the republican side. met by
/ laughter and defiance on the democratic side.)
| Mr. LOGAN lmenacngly-n were Sergeant-at-
Arms would do II very quick be assured OF that.
Mr. STOKES, lrepa OF Tenn, at the same time was
vocIferating IN an excited manner, and threatening
.v diatipnpished