tion of Mr. Rhett to lay Mr. Wise's resolution, offered on Friday last, on the table. The Chair decided he could not entertain this question of order, pending the preliminary question as to who is to vote from New Jersey. Mr. Petrikin then submitted the following: That it is not in order to propound a question not brought to the notice of the Chair by resolution, motion, or otherwise. And, after debate, Mr. Rhett moved the previous question on the preliminary question raised by the Chair, as to who shall vote from New Jersey. The Chairman here decided that it was his opinion he was not competent to put the question on Mr. McKay's motion, nor was it within the competency of this meeting to pass upon that motion; that the motion itself, in effect, was to decide that the people of New Jersey shall not be represented on the floor of this House. After further debate, Mr. McKay withdrew his motion, and the amendment of Mr. William Cost Johnson fell of course. Mr. Johnson then renewed his motion as a distinct and substantive proposition of his own; when The Chairman again decided that the proposition could not be received or acted upon, until the preliminary question raised by the Chair, as to who shall vote from New Jersey, be decided. Mr. Rhett moved that the preliminary question raised by the Chair do lie on the table. At this stage of the proceeding, The Chair stated that on the question on the motion of Mr. Rhett to lay the resolution of Mr. Wise on the table, the tellers might count all who passed between them, and report the number on each side; that if any passed, claiming to be members from New Jersey, whose seats are contested, the tellers should report their names; and that the meeting should then decide thereon: and he gave this as his decision and instruction to the tellers accordingly. From this course and this decision Mr. Holleman, of Virginia, appealed to the meeting; when The Chairman declared that that decision had been withdrawn. DECEMBER 12, 1839. Mr. Dromgoole submitted the following resolutions, viz: Resolved, That a select committee, to consist of nine, be appointed, viva voce, by the members of the House, to whom shall be referred all the papers in the possession of the Clerk relating to contests for seats on this floor from the State of New Jersey, and that they report thereon. The resolution being read, Mr. Dromgoole moved the previous question. Mr. Bell submitted the following question, as a question of order: Is the resolution moved by Mr. Dromgoole in conformity with the order of proceeding in relation to contested seats adopted yesterday on motion of Mr. Rhett? And which is as follows: Resolved, That the House will proceed to call the names of gentlemen whose rights to seats are not disputed or contested; and after the names of such members are called, and before a Speaker is elected, there shall, provided there be a quorum of such present, then hear and adjudge upon the elections, returns, or qualifications of all claimants (Mr. Naylor and Mr. Ingersoll excepted) to the seats contested on the floor." The Chairman stated that, in his opinion, it is not the intention of the resolution to limit the committee proposed to be appointed, in their proceedings, any further, or in any manner inconsistent with the order of yesterday; if it was, it could not be carried into effect. The Chairman therefore considered the resolution in order. Decision acquiesced in. DECEMBER 13, 1839. Mr. Wise moved to amend the Journal, by put ting thereon the protest of Messrs. Aycrigg and associates, of New Jersey, in form of a resolution. The said resolution being read, Mr. Dromgoole submitted a question of order, as follows: Is the motion of Mr. Wise in order, as it effects, by putting on the Journal, the very thing the House yesterday refused to spread on the Journal? The Chair decided the motion of Mr. Wise to be in order. From this decision Mr. Dromgoole appealed to the House. And, after debate, Mr. Davis, of Indiana, moved that the subject do lie on the table. Mr. Briggs here inquired of the Chair, if the subject was laid on the table, would the motion of Mr. Wise, with the paper recited in it, appear on the Journal? The Chair decided that, according to all precedent, it would appear on the Journal. From this, Mr. Dromgoole appealed to the House. In the course of the debate which ensued, the Chair made a decision, from which Mr. Mercer appealed to the House; and stated his appeal in the words following: "A motion being made to amend the Journal of the House, while that Journal is passing under the judgment of the House for correction-the Chairman decided, that should a motion to amend the Journal be laid upon the table, the Journal does not accompany it." And on the question, Shall the decision of the Chair, "that, should the motion to amend the Journal be laid upon the table, the Journal does not accompany it," stand as the judgment of the House? It passed in the affirmative. DECEMBER 13, 1839. A motion was made by Mr. Smith, of Maine, that the House do come to the following resolution: Resolved, That this House proceed at this time to the election of a Speaker. The said resolution was read, and The previous question was moved thereon. in order, according to the terms of the resolution adopted on the 11th instant, on the motion of Mr. Rhett, which provides that before a Speaker is elected the House shall hear and adjudge upon the elections, returns, or qualifications of all claimants (Mr. Naylor and Mr. Ingersoll excepted) to contested seats, now to proceed to the choice of a Speaker, the contested seats from New Jersey not being settled? The Chairman decided that he considered the resolution adopted on the motion of Mr. Rhett as in full force; that the question taken this day on the motion of Mr. Wise, in relation to the right of John B. Aycrigg and his colleagues, commissioned by the Governor of New Jersey, not as setting aside the resolution of Mr. Rhett. The Chair, however, considered the resolution moved by Mr. Smith, of Maine, as in order; and so decided. Mr. White, of Kentucky, appealed from so much of this decision as declares Mr. Smith's resolution in order. Appeal subsequently withdrawn, and the decision acquiesced in. DECEMBER 14, 1839. Mr. White, of Kentucky, moved the following resolution : Resolved, That John B. Aycrigg, William Halsted, John P. B. Maxwell, Charles C. Stratton, and Thomas Jones Yorke, are entitled to vote in the organization of the House, until excluded by a majority of uncontested votes, Mr. Vanderpoel objected to the resolution as not being in order. |