The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session Page: 278
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CONGRESSIONAL GLOBE.
Congress may at any time, by law, make or alter
such regulations', &o. The clause in relation to the
militia provided, that the States may train the militia
in obedience to the authority provided by act of
Congress. . The constitution provides that if the
States do exercise the power at all, they must exer-
cise it in obedience to an act of Congress;_but this
election clause does not provide that the action of the
States-shall be in obedience to an act of Congress;
and, therefore, there was no analogy between the
case s.
The SPEAKER here announced that the gentle-
man's hour had expired; when a number of gentle-
men simultaneously rising and claiming the floor, he
recognised . , .
Mr. WELLER, who observed, that in his opin-
ion this question had been sufficiently discussed,
and ample opportunity had been given to gentlemen
on both sides to express their views in relation to it.
The discussion, he was glad to say, had been gen-
erally confined to the question before the House,
and he took pleasure in saying that it was one of the
ablest he had ever heard on that floor. It must be
obvious to all that the debate ought now to be
brought to a close in order that the House might
proceed to its other important business. He there-
fore demanded the previous question.
The demand for the previous question was second-
ed by the House.
Mr. WINTHROP called for the yeas and nays
on ordering the main question, ana they were ac-
cordingly ordered.
Mr. - McCONNELL inquired what the mam
question would be.
The SPEAKER said that it would be the resolu-
tions of the gentleman from Virginia, offered as a
substitute for the resolutions concluding the report
of the committee.
Mr. McCONNELL called for the reading of the
resolutions, and they were read as follows:
[The following are the resolutions concluding the
report of the Committee of Elections:
"Resolved, That the second section of 'An act for
the apportionment of representatives among the sev-
eral States according to the sixth census,' approved
June 25, 1842, is not a law made in pursuance of
the constitution of the United States, and valid, ope-
rative and binding upon the States.
"Resolved, That all the members of this House
(excepting the contested cases from Virginia, upon
which no opinion is hereby expressed) have been
elected in conformity with the constitution and laws,
and are entitled to their seats in this House."
The following are the resolutions offered, as a
substitute, by way of amendment, by Mr. Drom-
goole:
"Resolved, therefore, That all the members of this
House, (excepting the two contested cases from the
State of Virginia, upon which no opinion is hereby
expressed,) elected from the States of Maine, Mas-
sachusetts, Rhode Island, Connecticut, Vermont,
New York, New Jersey, Pennsylvania, Delaware,
Virginia, North Carolina, South Carolina, Ken-
tucky, Tennessee, Ohio, Louisiana, Indiana, Illinois,
Alabama, Arkansas, and Michigan, have been duly
elected, and are entitled to seat3 in this House as
members from the States aforesaid.
"Resolved, also, That the following members from
New Hampshire, to wit: Edmund Burke, John R.
Reding, Moses Norris, jr., and John P. Hale, have
been duly elected, and are entitled to seats in this
House as members from the State aforesaid.
"Resolved, also, That the following members irom
Georgia, to wit: Edward J. Black, J. H. Stephens,
Hugh A. Haralson, Absalom H. Chappell, John
H Lumpkin, Howell Cobb, William H.. Stiles, and
Duncan L. Clinch, are entitled to seats in this House
as members from the State aforesaid.
"Resolved, also, That the following members from
Mississippi, to wit: Jacob Thompson, Wilham H
Hammett, R. W. Roberts, and Tilghman M. Tucker,
have been duly elected, and are entitled to seats 111
this House as members from the State aforesaid.
"Resolved, also, That the following members from
Missouri, to wit: John Jameson, John Bower, James
B. Bowlin, James H. Relfe, and James JM. Hughes,
have been duly elected, and are entitled to seats in
this House as members from the State aforesaid."]
general jackson's fine.
At this stage of the proceedings, a message was
received from the Senate, by Mr, Dickins, their
Secretary, stating that they had passed the bill of
the House, to refund the fine imposed on General
Andrew Jackson. [Cries of "Good," "Good."] Sub-
sequently the bill was reported as correctly enrolled,
and it was then signed by the Speaker.
The SPEAKER stated the question to be oft
the amendment of the gentleman from Virginia.
Mr.THOMASSON here rose to ask a question of
the Chair. He wished to know if there had been
any case in the legislative history of the country, m
which a member of Congress was called upon to
vote that he had a right to a seat in this House,
when there was no contest in regard to it.
The SPEAKER replied that he would answer
any question that might be put on a case arising
under the rules of the House. He was not to be
supposed to know more of the congressional his-
tory than the gentleman.
Mr. THOMASSON said that he had only asked
the question to obtain information on a subject with
which he was unacquainted, and on which he really
desired to be informed. Mr. T. then repeated his
question; but was called to order by several.
The SPEAKER again put the question, and the
roll being called, the vote was—yeas 128, nays 64,
as follows:
YEAS—Messrs. Atkinson, BearMey, Benton, Bid-
lack, Edward J. Black, James Bis* James A. Black,
Blackwell, Bossier, Bower, Bowlin, Boyd, Jacob Brmker-
toff, Brodhead, Aaron V. Brown, Wm. J. Brown, Burke,
Burt, Caldwell, Carey, Catlin, Augustus A. Chapman, Chap-
pell, Clinton, Cobb, Coles, Cullom, Dana, Darnel, Rich-
ard D. Davis, John W. Davis, Dawson, Dean, Dillingham,
Dromgoole, Duncan, Dunlap, Ellis, Elmer, Farlee,_ * lcklin,
Foster. French, Frick, Byram Green, Hale, Hamlin, Ham-
mett, Haralson, Hays, Henley, Herrick Hoge, Hopkins
Houston, Hubard, Hubbell, Hughes, Hungerford, James
B. Hunt, Jameson, Cave Johnson, Andrew Johnson, Geo.
ay. Jones, Kennedy, Preston King, Kirkpatrick, La-
hranche, Leonard, Lucas, Lumpkin, Lyon, McCausIen, Ma-
clay, McClelland, McClernand, McConnell, McDowell,
McKay, Mathews, Joseph Mollis, Murphy, Nes, Norris,
Owen, Parmenter, Payne, Emery D. Potter, rurdy,
Rathbun, David S. Reid, Reding, Relfe, Rhett, Ritter, Rob-
inson, Russell, St. John, Saunders. Thomas H. Seymour,
David L. Seymour, Simons, Simpson, Slidell, John 1.
Smith, Thomas Smith, Robert Smith, Steenrod, Stetson,
John Stewart, Stiles, Stone, Strdng. Sykes,1Taylor,
son, Tibbatts, Tucker, Weller, Wentworth, Wheaton, Wil-
liams, Wilkius, Woodward, Joseph A. Wright, and Yost
NAYS—-Messrs. Adams, Ashe, Baker, Barringcr, Barnard,
Belser, Milton Brown, Jeremiah Brown, Buflington, Car-
roll Chilton, Clinch, Clingman, Collamer, Cranston, Bar-
rett Davis, Deberry, Dellet, Dickey, Dickinson, Fish,
Florence, Foot, Giddmgs, Willis Green, &nder. Hardin,
Harper, Hudson, Washington Hunt, Joseph R. Ingersoll,
Jenks, Perley B. Johnson, Daniel P. King, Mcllvaine,
Marsh, E. J. Morris, Morse, Moseley, Newton, Patterson,
Peyton, E. R. Potter, Ramsey, Rayuer, Charles M. Reed,
Rockwell, Rogers, Sample, Sclienek, Senter, Severance,
Albert Smith, Caleb B. Smith, Stephens, Summers, Thorn-
asson, Tilden, Tyler, Vance, Vanmeter, Vmton, White,
and Winthrop—64.
So the main question was ordered then to be-put.
Mr. VANCE wished the amendment to be so
amended that the vote could be taken on the fiist
resolution of the series before the other resolutions
were voted upon.
Mr. DROMGOOLE said the House must first
determine whether they would substitute the amend-
ment for the original resolution.
Mr. THOMASSON remarked that the inquiry
was whether the resolutions should be voted on
separately or entire.
The Clerk, at the request of [several gentlemen,
read the various propositions before the House.
Mr. BELSER called for the yeas and nays on the
resolutions whenever they should come to be voted
UPMr. PRICK inquired if it would be in order to
move to strike out the first resolution of the series
proposed by the gentleman from Virginia, [Mr.
Dromgoole.]
The SPEAKER said it would not then be m or-
Mr. FRICK asked if a member was required to
vote in such a case, or even at liberty to do so.
The SPEAKER replied that he would decide the
question when such a case arose.
Mr. SCHENCK inquired if he was correct m the
understanding, that the proposition of the gentleman
from Virginia must be first substituted for the reso-
lutions reported by the majority of the Committee
of Elections, before that proposition was suscepti-
ble of a division.
The SPEAKER replied in the affirmative.
Mr. VINTON inquired if he understood the
Chair to decide that it was not then in order to di-
vide the subject-matter which it was proposed to in-
sert in place of the matter proposed to be stricken
out.
The SPEAKER replied that the subject-matter
proposed to be inserted was not susceptible of divi-
sion at that stage of the proceedings.
Mr. VINTON appealed from that decision of the
° The SPEAKER rose to put the question on the
^Ulr! VINTON remarked that he supposed the ap-
peal was debatable.
The SPEAKER replied that it was not.
Mr VINTON -said if he could not debate the
question, and give his reasons thereon, he should
withdraw his appeal. ,
The SPEAKER then stated the question to be on
amending the resolutions of the Committee of Elec-
tions, by the adoption of the substitute proposed by
the gentleman from Virginia, [Mr. DaoMGooLE.]
The yeas and nays were called for on this ques-
tion; and, being ordered, resulted—yeas 127, nays
57, as follows:
YEAS—Messrs. Anderson, Atkinson,
Bidlack, Edward J. Black, James Black, .'^RritkShoff
Blackwell, Bossier, Bower, Bowlin, Jacob Brmkerhon,
Brodhead Aaron Y. Brown, William J. Brown, Bom,
Burt Caldwell, Cary, Catlm, Reuben Chapman, Augustus
A Chapman, Chappell, Clinton, Cobb, Coles, Cross, Cul
loin, Dana, Daniel, Richard D. Davis, John W. Davis, Daw-
son, Dean, Dillingham, Dromgoole, Duncan, Dunlap, EUxs,
Elmer, Farlee, Ficklin, Foster, French, Byram Green, Hale,
Hanrlin, Hammett, Haralson, Hays, Henley, Herrick, Hoge,
Hopkins, Houston, Hubard, Hubbell, Hughes, Hungerford,
James B. Hunt, Charles J. Ingersoll, Jameson Cave John-
son, A. Johnson, Kennedy, Preston King, Kirkpatriok, La-
branche, Leonard, Lucas Lumpkin Lyon, McCausIen,Ma-
clay, McClelland, McClernand, McConnell, McDowell,
McKay, Mathews, Moore, Joseph Moms, Murphy, Noras,
Owen, Parmenter, Payne, Emery D. Po't®r>
Rathbun, David S. Reid, Reding, Relfe. Rhett'I?1c®^uS;?1r*
inson, Russell, St. John, Saunders, Thomas H. Seymour,
David L. Seymour, Simons, Simpson, Slidell, JohnT. Smith,
Thomas Smith, Robert Smith, Steenrod, Stetson, John
Stewart, Stiles, Stone, Strong, Sykes, Taylor, Thompson,
Tibbats, Tucker, Wentworth, Wheaton, Williams, Wilkms,
Joseph A.Wright and Yost—127.
NAYS—Messrs. Ashe, Baker, Barrmeer. Belser, Bojd,
Milton Brown, Jeremiah Brown, Campbell, Chilton, Clinch,
Clingman, Collamer, Cranston, Garrett Da\is, Deberiy,
Dellet, Dickey, Dickinson, Florence, Foot, Willis Green,
Grinnell Grider, Hardin, Harper, Hudson, W. Hunt, Joseph
R. Ingersoll, Jenks, Perley B. Johnson G. W. Jones, Darnel
P. King, Mcllvaine, Marsh, Edward J. Morris, Morse, Mose-
lev, Nes, Newton, Elisha R. Potter, Ramsey Charles M.
Reed, Rockwell, Rogers, Sample, Schenck, Sente^ S<* -
erance, Caleb B. Smith, Stephens, Summers, Tilden, Vance,
Vanmeter, Vinton, White, and Winthrop—57.
Mr. VANCE called for a division of the question,
so that the vote might be taken upon each resolution
Se^atp^OMGOOLB demanded the yeas and nays;
which were ordered.
Mr. SCHENCK rose and said, before taking the
vote upon the first resolution, he wished to submit
to the House a motion that he might be excused
from voting and the reasons why he desired to be
excused were these: in the first place, the resolu-
tion related to the right of the members from all
the States except four to their seats upon that floor.
Among the States embraced in the first resolution,
lie found the State of Ohio named; and lie wished to
be excused from voting because, in giving his vote
upon this resolution, he would be compelled to vote
for or against his own right to his seat. He had
other reasons. "With regard to all the States named
in the first resolution, there had been no question
raised, and it would be unprecedented and irregular
for this House to vote upon such a resolution. He
then withdrew his motion to be excused, because
he said he would be excused by the rules of the
House. .
Mr. BELSER inquired if it would be m oaUo
move to lay upon the table the first branch^pie
resolution proposed to be substituted?
The SPEAKER observed that a motion to lay
on the table would be in order.
Mr. BELSER said he would make that motion,
and he desired to say one word.
[Cries of "No," "No," "No."]
Mr. BELSER said he would make a point of
order. He had understood the Chair to decide that
the question was susceptible of division; this being
the first opportunity which they had had of voting
upon the division, it seemed to him that the motion
to lay on the table ought to be entertained.
The SPEAKER remarked that the question was
not debatable.
Mr. BELSER then withdrew his motion to lay
upon the table.
Mr. ADAMS asked to be excused from voting,
for the reasons stated by the gentleman from Ohio,
and for additional reasons; one of which was,
tha the was called upon to vote upon a point of
fact which he did hot know. He did not know
that all the members of that House had been
duly elected, Nor did the members of the Com-
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United States. Congress. The Congressional Globe, Volume 13, Part 1: Twenty-Eighth Congress, First Session, book, 1844; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2367/m1/302/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.