on it. The CHAIR was proceeding to read the resolu ten, (Mr. SMITH still retaining the floor,) when Mr. PROFFIT rose amid loud cries of "order, order," and said that he rose to a point of order. He wanted to know whether a gentleman could move a resolution, and, before it was debated, move the previous question on it? Mr. SMITH was understood to say that he was only following the example set by the gentleman from Virginia before him [Mr. WISE ] Mr. PROFFIT. I ask whether it is in order for a gentleman, because he has a sufficiency of lungs to enable him to drown the voices of all the rest, to propose a resolution, and then move the previous question? I say that it is not in order. [Here Mr. FROFFIT was loudly called to order from various parts of the hall, and took his seat ] Mr. JOHNSON of Maryland. I make a further point of order, and ask if the gentleman from Maine is entitled to the floor? Here something like order was restored, and the CLERK proceeded to read the resolution, when Mr. SMITH moved the previous question on it. Mr. WISE rose to a point of order. By the resolution of the gentleman from South Carolina, [Mr. RHETT,] he said this House had determined that it would decide the question as to who should be received as the Representatives from the State of New Jersey before going into the election of a Speaker. He called for the reading of that resolution, and appealed to the consciences of gentlemen whether they would not carry out a resolut on adopted by their own votes. Mr. SMITH. My conscience is perfectly at rest as far as the gentleman from Virginia is concerned. That resolution was voted against by the gentleman, and was, by the general consent of the whole House, considered as reconsidered. [Here Mr. SMITH was interrupted by loud and repeated calls to order, from the Opposition members. A violent uproar ensued-Mr. SMITH defending his right to the floor, and attempting to proceed with his remarks, while the cries of "Order, order," were continued, so as to prevent him from being heard.] Mr. WADDY THOMPSON, at this stage of the proceedings, addressed the CHAIR, and said a few words, the only part of which heard by the reporter was, “I'll make him sit down if you'll order me," Mr. SMITH still retaining his place on the floor, and endeavoring to make himself heard, The CHAIR was understood to direct him to take his seat, and Mr. S. sat down. The noise and confusion was so great, however, that the reporter could not hear what the CHAIR said. Mr. WISE called for the reading of Mr. RHETT'S resolution, when the clamor instantly ceased, and the resolution was read. Mr. WISE said: I submit the point of order, whether that resolution of Mr. RHETT is not imperative? Gentlemen cannot waive that resolution. They have, under the dispensation of Providence, by which we have been deprived of the vote of a member, who is confined to his sick bed, [Mr. HAWES,] been able to bring us to a tie, and TUESDAY, DECEMBER 24, 1839. WEEKLY thus defeat the resolution I offered for Mr. AvCRIGG and his associates to take their seats as Representat ves from New Jer ey. I put it to gent einen whether it is in good faith to pass over the resɔiution they have ado, tea? I put it to their consciences, and ask them if they dare waive the claims of Mess's. DICKERSON and VROOM, and their associate? If they do, will it not be considered that those claims were a pretence from the beg nn ng? Do you now say, gentlemen, that you have played out the play, and that these claims were but a sham from the beginning? Mr. SVIH cb erved that the question was upon his resolution, and that he had never taken his seat since he presented it. [Here Mr. S. was again Interrupted with such loud and repeated cries of "order, order!" that it was impossible to hear what he said.] Mr. VANDERPOEL observed that he commended the motives and conduct of the gentleman from Virginia, when he introduced his resolution, which he hoped would calm the tempest which had been raging round them for twelve days. Let me explain the position in which this House was, said Mr. V. when that resolution was offered. The whole morning was consumed in useless debate on a question of amending the journal. A resolution had been submitted by the gentleman from Virginia, for carrying into effect the very proposition which he now says the House is bound to carry out, though he opposed that proposition at the cutset, and had taken the floor this morning in support of the motion to reconsider it. While the gentleman was on the floor, he reproached us with wasting time on preliminary matters. He called out to us to march boldly up to the main question. We took him at his word-we have taken the vote, and his resolution has been rejected. There is thus, said Mr. V. an end of the whole matter. Mr. WISE here explained that the object of his intended speech was to dispense with the resolution for the appointment of a committee, in order to bring the House to decide, under the resolution of the gentlemen from South Carolina, [Mr. RHETT,] who should be considered members from the State of New Jersey. By that resolution, the House had imperatively decided that, before going into the election of a Speaker, it would decide this quest on. Mr. VANDERPOEL said it amounted to the same thing The resolution of the gentleman from Virginia [Mr. DROMGOOLE] was only carrying out the resolution of the gentleman from South Carolina, and appointing agencies for that purpose. When the gentleman from Virginia [Mr. W SE] was contending for a repeal of the resolution, he proposed that we should march to the direct question boldly, and every gentleman believed that it was a waiver of all preliminary matters. Mr. GALBRAITH rose to a point of order, and asked if a ques ion of order was debatable? Mr. WISE. I appeal to my honorable colleague from the Norfolk district, if he did not ask me whether the decision, as to the right of the members holding the cert ficates of the Governor, would preclude the right of deciding as to the claims of the others? The CHAIR here said that the resolution that had been adopted by the House, was not reconsidered, and was still in force. The question that was taken, was taken by universal consent, and did not set aside the resolution. The mot on of the gentleman from Maine [Mr. SMITH] was, however, considered by the CHAIR to be in order, although there are resolutions in the journal which have not been disposed of. Mr. SMITH again moved the previous question on his resolution. Mr. WHITE appealed from the decision of the CHAIR. Mr. GRAVES moved an adjournment; and on that question he called for the yeas and nays. The yeas and nays having been ordered, the question was taken on Mr. GRAVES'S motion, VOLUME 8.........No. 4. PRICE SI PER SESSION. which was decided in the negative-yeas 109, nays 119. Mr. DUNCAN asked if the previous question had been called on the resolution. The CHAIR answered that it had, but the question now was on the appeal of the gentleman from Kentucky. Mr. WHITE rose and proceeded to make some remarks, when Mr. BRIGGS appealed to the CHAIR whether the question on an appeal was debatable. Mr CAVE JOHNSON requested the CLERK to read the rule which declares that questions of order, of appeal, &c. are not debatable; which was done. Mr. WHITE continued his remarks, and was repeatedly called to order; and Mr. SMITH of Maine appealed to the CHAIR to decide whether the gentleman was in order. Mr. GIDDINGS moved to lay the appeal on the table; but subsequently withdrew the motion. Mr. C. H. WILLIAMS moved an adjournment; but afterwards withdrew the motion. Mr. WISE renewed the motion to adjourn, and called for the yeas and nays. The question having been taken, the House refused to adjourn-eas 107, nays 116. Mr. WHITE moved that his appeal, and the resolution of Mr. Sara, be laid on the table. Messrs. GRAVES and WHITE asked for a call of the Hou e; and On motion of Mr. JOHNSON, the yeas and na's were ordered on taking that question, and they resulted in-yeas 84, nays 125. Mr. THOMAS then moved a division of Mr. WHITE's moin, when Mr. WHITE withdrew his moti n, and movel tlay Mr. Surra's resolut on on the table; and Mr. DUNCAN called for the previous question on that no ion. The question was then taken on Mr. WHITE'S motion, and it was decided in the negative-yeas 105, nays 113. Mr EVERETT appealed to h's friends to wit draw further opposition. We are fairly beaten, said he, and let us s.bmit like men. If the gent eman from Maine would agree to modify his resolution, so as to go into the e'ect on of Speaker to-morrow at twelve o'clock, instead of now, he would no longer oppose it. Mr. SMITH. Agreed, agreed ! Mr. WISE. I give gentemen of this House fair warning, that I wa h my hands of all agreemen's. I stand upon my righ's, and will not acknowledge myself beaten unul I know I am :0, Mr. SMITH rose and made some remiks, which it was impossible to hear from the uproar that immedia ely ensued. During loud cries of "order, order," Mr. S. was heard to say, "I rise to a point of crder." Mr. WISE replied, you are in the midst of discrder. Mr. SMITH. I know it, sir. The question was then taken on the motion to adjourn, and it was decided in the negative-yeas 108, nays 117. Mr. SMITH of Maine. The question is now on my resolution to proceed to the election of a Speaker, and I beg the CHAIR to understand that I did not accept of any modification, unless gentlemen would agree to proceed to an election to-morrow. Gentlemen before me refused to do so; therefore my resolution stands as originally offered. Mr. BYNUM then moved the previous question on the resolution. Mr. PROFFIT moved to lay the resolution on the table until to morrow at two o'clock. [Many voices, "not in order."] Mr. WISE. I hope the gentleman from Indiana will withdraw that motion, and let the gentl man do the deed. The previous question was then seconded, and the main question ordered. Mr. GRAVES moved a call of the House, so that there might be a full vote on this resolution. Mr. ATHERTON called the attention of the CHAIR to the rule which declared that a call of the House was not in order, after the main question had been ordered. The CHAIR voted that the motion for a call of the House was out of order. Mr. STANLY moved that the House now adjourn. Mr. DAVIS of Indiana called for the yeas and nays. Mr. STANLY then withdrew the motion for an adjournment. The question was then taken on Mr. SMITH'S resolution, and deciled in the affirmative-yeas 118, nays 110. Mr. PROFFITT moved that the House do now adjou n. The yeas and nays were called for, which were orderel, and were-yeas 98, nays 121. So the House refused to adjourn. Mr. PROFFIT rose, and moved to reconsider the vote on the resolution to proceed to the electou of a Speaker, and stated that he did so with a view of submit ing a series of resolutions, which he read. He then addressed the House for about fifteen minutes in support of his proposition. Mr. JENIFER next obtained the floor, and spoke about ten minutes, contending that the House had acted inconsistently in the course it had pursued; when he gave way to Mr. GRAVES, who stated that, as the hour was late, and the gentleman had lengthy notes, he moved that the House adjourn, and called the yeas and nays on the motion, which were ordered, and were-yeas 98, nays 119. So the House refused to adjourn. Mr. SMITM of Maine then moved the previous question. Mr. JENIFER rose and stated that he had not yielded the floor. The CHAIR stated that the previous question was moved. Mr. JENIFER would appeal to any honorable gentleman to say whether he was not entitled to the floor. He would appeal to the gentleman from Virginia, [Mr. DROMGOOLE,] to say whether he was not entitled to the floor. Mr. DROMGOOLE said that question had been made to the CHAIR, and it would be indelicate for him to interfere in it. Mr. GRAVES appealed from the decision of the CHAIR, and stated that he intended to speak on the subject. Mr. TURNEY called for the reading of the 45th ru'e, which declares that no debate shall take place on incidental questions after the previous question had been moved. Mr. DUNCAN said he thought the gent'eman from Maryland was entit'ed to the floor by the usages of the House. The CHAIR sail that it was true that such had been the usage of the House; but as there was no ru'e on the subject, and as he had heard the gentleman from Maine first, he considered it his duty to entertain the motion. Mr. SMITH said he had understood that the gentleman intended merely to speak against time, and, therefore, he had moved the motion for the previous question; but, if the gentleman was desirous of going on, he would withdraw the motion. Mr. JENIFER occupied the time of the House for about an hour, in denunciation of the Administration party in the House, for the course it had pursued in reference to the resolution of Mr. RHETT, which he contended should have been carried out by investigating the claims of Messrs. DICKERSON and his four colleagues claiming seats, previous to the election of Speaker. He accused the party with acting in bad faith throughout the whole proceeding. He censured the course which the CLERK had pursued in refusing in the first instance to call the members from Jersey, and for refusing to put motions to a vote of the House, when he was the only presiding officer; and that he had acted in accordance with the promptings of the Globe. He disapprobated the course of the Administration party, in endeavoring to organize the House by the election of Speaker at this time; Mr. DUNCAN called for the yeas and nays; So the House again refused to adjourn. Mr. JENIFER continued his remarks for some time. He again reiterated that New Jersey should be represented in the election of Speaker; that it was the duty of those whom the Administration party claimed as being entitled to seats, to come forward and have their pretensions canvassed. He believed the whole to be a miserable humbug; and that the course adopted by the House, was a violation of State sovereignty, and in conflict with the doctrines of State Rights, professed by many of the new members-referring at the same time to the members from the State of Georgia. Mr. SALTONSTALL addressed the House at considerable length, deprecating the practice of intraducing party names in the course of debate here, and contending that the members from New Jersey who held the Governor's certificates were entitled to seats on the floor of the House, and asserting that if he was placed in the same situation of those gentlemen, he would demand his right to a seat; and when a Speaker was elected, he would claim to be qualified as a member of the House. He argued that those gentlemen were entitled to seats, according to all law and usage, and deprecated the practice of departing from well settled principles of the laws. Mr. STEINROD then obtained the floor, and said that as three gentlemen who were opposed to the previous question had addres ed the House, he would now, as a friend to that question, demand the previous question. Mr. R. GARLAND moved a call of the House, and upon that motion called for the yeas and nays, which were ordered, and were-yeas 106, nays 114. So the House refused to order the call. The previous question was seconded, and the main question, which was on the motion to reconsider the resolution to proceed to the election of a Speaker, was then put. The yeas and nays were demanded on this question, and it was decided in the negative-yeas 108, nays 120. Mr. PICKENS inquired what would be the first business in order, in case the House now adjourned? The CHAIR stated that the first business in order would be the election of a Speaker. Mr. PICKENS then moved an adjournment. Mr. PICKENS then withdrew the motion. So the House refused to adjourn. Mr. WISE rose to submit a question of order. The CHAIR decided that it was in order. Mr. WISE said he did not yield the floor, and Mr. VANDERPOEL rose to a point of order. Mr. WISE said he would not yield the floor; gentlemen might make their point of order after he had concluded his remarks. Mr. W. was again proceeding Mr. FRANCIS THOMAS rose to a point of order, and pointed the CHAIR to the rule which requires a member to take his seat when he was called to order. He wished to know if it was in order for a gentleman to discuss the merits of his resolution upon an appeal. Mr. WISE. No appeal has been taken, because I did not yield the floor. Mr. FRANCIS THOMAS then made a point of order, whether a gentleman could submit a proposition to reverse the decision of the House, and go on and discuss that proposition directly contrary to the opinion of the majority of the House. The CHAIR again stated that he considered the motion in order. Mr. FRANCIS THOMAS. Then I appeal from that decision. Mr. WISE. I do not yield the floor to the gentleman. Mr. FRANCIS THOMAS. Has not the CHAIR made a decision? If so, I have appealed from it. The CHAIR said he had no decision to make. Mr. FRANCIS THOMAS. Can there be a plainer proposition than the one I have submitted to the CHAIR? A member has a right to appeal from any decision. Mr. WISE said he would not yield the floor. He then proceeded with his remarks for some time; when he gave way to Mr. TRIPLETT, who moved that the House adjourn. Upon this motion the yeas and nays were called, and the question was decided in the negative-yeas 111, nays 117. The CHAIR was then understood to say that the reason why he decided that the motion of the gentleman from Virginia [Mr. WISE] was in order, was because of a solemn vote by this House that it would not proceed to the election of a Speaker until it was decided who were entitled to seats as Representatives from New Jersey; and he did not consider that the decision of the House of to-day, which deprived the gentleinen from New Jersey of their seats was binding, because it would be tantamount to an expulsion, which would require a vote of two-thirds to decide Mr. WISE then said that he believed, from conversations with his colleagues, that he was somewhat out of order in not yielding the floor for an appeal, and he would now yield it to his colleague to take an appeal, with the understanding that he would have the privilege of addressing the House after that question was decided. Mr. DROMGOOLE then appealed from the decision of the CHAIR, and moved the previous ques tion on the appeal. Mr. WISE then said that, in order to relieve the CHAIR and the House from difficulty, he would withdraw his resolution, if gentlemen would agree to adjourn until to-morrow. [Many voices, "agreed !"] Mr. WISE then withdrew his resolution, when IN SENATE, SATURDAY, December 14, 1839. A message was received from the President of the United States. Mr. WHITE said that it occurred to him there was some business that might be done by the Snate. He thought it a tiresome proceeding in daily coming to the Capitol, and returning home again. He would therefore suggest that the presiding officer of the Senate should be empowered to appoint the standing committees, with the exception of the Committee on Commerce. The PRESIDENT. The proposition is, with the assent of the Senate, to suspend the 34th rule, and that the presiding officer shall proceed to the appointment of the standing committees of the Senate, with the exception of the Committee on Commerce. Mr. NORVELL considered that the appointment of the Committee on Commerce was as necessary as the appointment of any other committee. We have nominations daily coming in, if he might be allowed to allude to them, which should be referred to that committee; and he therefore hoped that it would not be omitted. Mr. ALLEN did not see any imaginable reason why all the committees should not be appointed; but, on the contrary, there were many reasons why they should be. Senators wished to ascertain on what committees they were to be placed, so that they might qualify themselves to examine the peculiar subjects submitted to them, and employ what leisure they had in acquiring such information as would enable them to discharge their duties with promptness and fidelity. Mr. WHITE then submitted his resolution, which provided that the presiding officer of the Senate should appoint the standing committees, with the exception of the Chairman of the Committee on Commerce, who should, previously to the appointment of such committees, be ballotted for by the Senate. Mr. WRIGHT said, that the course proposed, was precisely similar to that adopted at the last se-sion, as might be ascertained by a refere ce to the journal. It was then provided that the presiding office should app int the standing committees, with the exception-for reasons then, as now, well understood-of the Chairman of the Committee on Commerce. He saw no objection to the adoption of the resolution at the present time. The resolution was unanimously agreed to. The Senate then proceeded to elect, by ballot, a Chairman of the Committee on Commerce; and the ball. ts being counted, the result was announced to be, HOUSE OF REPRESENTATIVES, SATURDAY, December 14, 1839. The journal hay ng been read, Mr. WISE inquired of the CHAIR whether the vote on the motion to reconsider Mr. RHETT's re solution was recorded on the journal. The CHAIR replied that it was not. Mr. WISE said he was satisfied. The CHAIR then stated that the subiect before the House, according to the vote of the House yesterday, was on proceeding to the election of a Speaker. Mr. PETRIKIN moved a call of the House, which was ordered; and the roll having been called over, it appeared that members had answered to their names. Mr. VANDERPOEL moved that the absentees be sent for; which motion was agreed to. All the members then answered to their names, except Messrs. HAWES and KEMPSHALL. Mr. PETRIKIN then moved that the further proceedings under the call be dispensed with. Mr. WILLIAMS of North Carolina called for the yeas and nays, which were ordered, and wereyeas 141, nays 87. So all further proceedings under the call were dispensed with. Mr. WHITE of Kentucky then moved the following resolution: Resolved, That J. B. AYCRIGG, WM. HALSTED, JNO. P. B. MAXWELL, Charles C. STRATTON, and THOMAS JONES YORKE, are entitled to vote in the organization of the House unt I excluded by a majority of uncontested votes. Mr. VANDERPOEL objected to the reception of this resolution. The House had decided, but yesterday, that those persons were not entitled to hold seats, and it could not possibly be in order. Mr. WHITE denied that the House had ever decided that the members from New Jersey were not entitled to their seats. A majority of the uncontested members had never decided that question; therefore those gentlemen were entitled to their seats as the Representatives of the State of New Jersey. Mr. VANDERPOEL rose to a question of order. Was the question of reception debatable? The CHAIR. That question is debatable. Mr. VANDERPOEL. Then I appeal from that decision, and move the previous question upon the appeal. Mr. WHITE said he hoped the gentleman would not attempt to force such a rule as this upon the House. The previous question, he had no doubt, would come soon enough, but gentlemen could not move it yet. Mr. VANDERPOEL. I call the gentleman to order, and demand that the CHAIR shall enforce the rules. Mr. WHITE still proceeding, denied that the question as to the right of the New Jersey members to take their seats, had been decided by a major.ty of the uncontested members. The majority of the House had never settled that question, and he held that, by the resolution of the gentleman from South Carolina, which had been adopted as the standing order of the House, the House was bound, be ore it proceeded to the e'ection of a Speaker, to decide as to who were entitled to seats from the State of New Jersey. Mr. VANDERFOEL again called the gentleman to order, and ins sted that the rules of the House should be enforced. The CHAIR said the question before the House was on the question of reception. Mr. VANDERPOEL. That is not the question. The CHAIR had decided that the question of reception was deba'able, and from that decision he (Mr. V.) had appealed, and had moved the previous question on the appeal. The CHAIR. Then the question is on the appeal, and on that question the previous question is moved. Mr. WISE would merely ask if the question of reception had not always been decided to be debatable. Mr. LEWIS then read the 5th rule in relation to the reception of motions. The CHAIR said the gentleman had read no rule which prevented debate. After a few words on the point by Messrs. POPE and WISE, Mr. DROMGOOLE moved to lay the question of recept on on the table. On this question the yeas and nays were demanded, and were-yeas 119, nays 115. So the que tion was laid on the table. Mr. PICKENS inquired what was the order of business before the House, and whether the resolution adopted last evening, to proceed forthwith to the election of a Speaker, should not come up first. If so, he hoped that the House would proceed at once to the execution of that resolution. Mr. PROFFIT here rose, and said he had a resolution to submit; but The CHAIR said that it would not be in order. Mr. PROFFIT said he rose to a point of order. The resolution adopted last evening was, that the House should go into the election of a Speaker. The resolution that he proposed to offer, was to regulate the manner of going into that election. Mr. P. here read a resolution to give the Whig candidates a right to vote in the election of Speaker. Mr. VANDERPOEL objected to the reception of the resolution, as being out of order; and The CHAIR decided that it was not in order for Mr. P. to submit his resolution. Mr. BARNARD rose, and said that he had drawn up a resolution which he proposed to submit at this time, and which he believed to be perfectly in order. The purport of it was to suspend the execution of the order for going at this time into the election of a Speaker. It was true that the House had resolved to go into such election this morning, but that resolve was not binding on the House, which had the power to suspend it at any time, in accordance with the settled rules of parliamentary practice. Mr. B. here read his resolution as follows: Resolved, That the execution of the order of this House, adopted yesterday, that the House do proceed to the election of Seaker, be suspended, to give opportunity to any member who may be so disposed, to move the House that the members proceed, in the first place, to hear and adjudge, pursuant to a resolution of this House, heretofore adopted, upon the elections, returns, and qual fications of persons who appear to be contesting seats on this floor from New Jersey, or to move that the names of JNO. B. AYCRIGG, JNO. P. B. MAXWELL, WILLIAM HALSTED, CHARLES C. STRATTON, and THOS. JONES YORKE, the regular return members from the State of New Jersey, be not called, or their votes counted, in the election of Speaker, or to move that PHILEMON DICKERSON, PETAR D. VROOM, DANIEL B. RYALL, WILLIAM R. COOPER, and JOSEPH KILLE, be called, and their votes counted in the election of Speaker. Mr. B said that he now proposed to discuss the subject of that resolution. Mr. CRAIG objected to the reception of the resclution, which he considered to be out of order, while there was a resolution before the House that had precedence of it. Mr. BEATTY rose to a point of order, and referred to the rules of the House, from which he proceeded to show that the r. solution could not with propriety be received. Mr. BARNARD observed that if the point of order was persisted in, he asked that the member who raised it should be required to reduce it to writing. Mr. BEATTY was proceeding to discuss the point of order, when he was required by the CHAIR to put it in writing, which he did as fol lows: The point of order suggested is, that under the 52d rule of the House, no motion or any other business shall be received, without special leave of the House, until the unfinished business in which the House was engaged at the last preceding adjournment, shall have been disposed of. Mr. PETRIKIN observed that the rules also provided that, when a member is called to order, he shall take his seat. He asked, therefore, that the member from New York be required to take his seat. Mr. LEADBETTER took the ground that no business could be originated to take precedence of this resolution, to go into the election of Speaker, which the CHAIR pronounced to be the first thing in order this morning; and insisted that the rules of the House be preserved in that particular. The CHAIR said that he referred the decision of the question of order to the House itself. Mr. BEATTY demanded either the decision of the CHAIR, or that he would put the question, to enable the House to decide it. Mr. BARNARD claimed the floor, and was determined not to yield it until it should be decided against him either by the CHAIR or the House. If the member on the opposite side had a point of order, let him reduce it to writing. Mr. BEATTY. I have made my point of order, and reduced it to writing, and demand the decision of the CHAIR or the House upon it. Mr. BARNARD. It is the point of order I am proceeding to debate [He e several members were heard crying out that a point of order was not debatable.] Mr. DUNCAN. Do I understand the CHAIRMAN that he refuses to decide the question of order? The CHAIR replied that he had referred the decision of it to the House itself. Mr. BYNUM. Then why not let the House decide it? Mr. DUNCAN said that it seemed to him very extraordinary that the CHAIR would neither decide the question himself, nor, by putting it to the House, enable the House to decide it. Mr. BARNARD contended that he had a right to the floor, and, unless decided by the CHAIR or the House to be out of order, had a right to go on with his remarks. Mr. BEATTY, [addressing Mr. BARNARD.] You have not the floor, sir, unless you usurp it. There is a resolution which has precedence of all other business, and you have no right to push it as de by originating new business. Mr. BARNARD. I intend to debate the point of order as soon as I can have the ear of the House. Mr. BEATTY. You are not in order, and I demand that you take your seat till the point is decided. Mr. RIVES. If the CHAIR will not decide the point of order, will he de the House the favor to put the question and let the House decide it. The CLERK here, at the instance of a member, read the twenty-fifth rule, requiring a member to take his seat, when called to order, until the question of order is decided; and also providing that all questions of order and appea's shall be decided without debate. Mr. FRANCIS THOMAS made a few obobservations, which were not heard. The CHAIR here decided that Mr. BARNARD had a right to proceed with his remarks: but the grounds on which the CHAIR made the decision were not heard by the reporter. Mr. STANLY observed t at the resolution adopted last evening that the House would proceed to the e'ection of a Speaker, was dead; that it applied to la t evening only, and was not now before the House In confirmation of this opinion, Mr. S. said that te gent'eman from Virginia [Mr. DROMGOOLE] W. s ove heard last evening urging his friends to proceed with the election, and giving it as his opinion that, if they adjourned without carrying the resolution into effect, the resolution wou'd die with the proceedings of the day, and they would have to proceed de novo in the morning. Mr. DROMGOOLE said he would not make any remark with regard to the propriety of repeating what a gent eman might say this freeds. He woud admit that he did express the fear to his friends that the resolution would be considered as expiring with that evening's proccedi: gs; but he expressed no deci 'ed opinion on it. He was, however, overruled by his friends, who, on all sides, declared that the res lution would be imperative this morning. He would ask if it was not the understanding with all the geat eman's friends last evening, that the res lution would be in force this morning. At least, he understoed that the gentleman from North Carolina, and all his friends, entertained that (pigion. He would ask if it was not the understanding on all sides of the House that the resolution would be the first thing in order this mornig? After some remarks from Mr. STANLY, Mr. WISE denied that there was such a general nederstanding, for he entertained the opinion that the res lation of last night, that they would then go into the election of Speaker, was dead as soon as the House adj ur. e. O e remark he would make bef re he sat down. For the last six years he had been witnessing the triumphs of the great Republican party, and, thank God, they had now brought down that party to so lean a major ty, that they now have to jockey in order to win the race Mr. JAMESON referred to the dec sion made by the CHAIR, that the resolution for going i to the election of Speaker, passed last evening, was the first business in order this morning. And quoting the one hundred and twenty-sixth rule of the House he argued the point of order, contending that the House cou'd entertain no other propos tin unt that was d sposed of. Mr. TURNEY moved that the resolution of the gent'eman from New York, [Mr. BARNARD,] and the question of order arising on it, be laid on the table. Mr. BARNARD here raised a point of order, with regard to Mr. TURNEY'S motion, which he reduced to writing, as follows: A po nt of order having been made, that a resolution offered by Mr. BARNARD was not in order, at this time perding the discussion on that point of order, Mr. TURNEY rises and moves to lay the subject of the point of order on the table; and also, at the same time, to lay the resolution of Mr. BARNARD on the table. On this motion of Mr. TURNEY, Mr. BARNARD makes this point of order: "That it is not now in order to move to lay the resolution of Mr. BARVARD on the table. The CHAIR decided that the motion of Mr. TURNEY was in order; when, Mr. FILLMORE rose and said, that, considering this question to be one of vital importance, not only at the present moment, but as a precedent for the future action of the House, he wou'd appeal from the decision of the CHAIR. According to the decision of the CHAIR, a member who had a re-sclution to offer could be compelled to sit down on a point of order before he had time to explain it; and then his resoution was taken from him, while his mouth was shut by a motion to lay the whole subject on the table. This decision (said Mr. F.) may affect all of us hereafter; and, I therefore, appeal from the decision of the CHAIR. Mr. TURNEY called for the previous question on the appeal; and Mr. FILLMORE called for the yeas and nays. Mr. PETRIKIN moved to lay the appeal, and every matter relating to it, on the table. Mr. MERCER observed that the laying the appeal on the table would have the effect of affirming the decision of the CHAIR. Mr. LEWIS observed that there was great confusion prevailing in the Hall, so that it was difficult to understand the true question before the House. He thought the 11onse would be relieved from its present difficulty by the point of order which he now wished to make. He would ask of the CHAIR, if it was not announced by him this morning, that the resolution on the election of Speaker, passed last evening, was the first business in order? He asked the CHAIR to determine that point of order. The CHAIR made no reply. Mr. LEWIS repeated his inquiry of the CHAIR. [Great confusion prevailing, and frequent cals for the question, mingled with cries of "Order," "order."] Mr. GRANGER said a few words, which, in the noise that p.evailed, were not heard. The question on seconding the call for the previous question was then taken, Messrs. BANKS and CARTER being tellers, and carried-ayes 116, noes not counted. The vote was then taken on ordering the main question to be put, and car ied without a division. Mr. CRAIG called for the yeas and nays on the main question, and they were accordingly ordered. Mr. ALFORD asked the gent'eman from New York [Mr. BARNARD] to withdraw his resolution, and let the House go into the election of Speaker. The Administration party had disfranchi ed New Jersey, and the Opposition had not the power to prevent it. The issue was with the people. He was t red of fighting on the outpost, and was ready to meet the question. Mr. CRABB agree with his frien from Georgia, [Mr. ALFORD,] that it would be better to go into the election of Speaker at once; and he would give notice to his political friends that he would not go with them in delaying that decision, by makig arpeals and points of order. He thought it was now high time to go into the election. Mr. BARNARD said he acceded to the propositiou of the gentleman from Georg a, [Mr. ALFORD.] But he wished it to be expressly and d stinctly understod that he did it because he saw that the majority of the House was determined on the course it would pursue with regard to his proposition, and the remarks he intended to offer in support of it. Upon that belief he yielded to the proposition of the gentleman from Georgia; and he did so because, in his conscienc, he desired to save the House from the evils that would ensue, if it now solemnly decided against the point of order he had raised. Mr. CRAIG moved a call of the House, which The House then proceeded to the election of a The first vote having been taken, and before the Mr. YORKE, one of the gentlemen commissiored by the Governor of New Jersey, rose and asked if the roll had ben called through. No answer being returned to him, he said he perceived that in calling the roll his name was omitted. He held a commission, he said, from the Governor of New Jersey as a Representative from that State, and therefore demanded that his ve te be received. He voted for JOHN BELL. After which, Messrs. STRATTON, AYCRIGG, MAXWELL and HALSTED Successively demanded that their votes be read as Representatives from the State of New Jersey, and said that they voted for JOHN BELL. The tel'ers then reported to the CHAIR the result of the vote to be-235 votes given, and 118 necessary to a choice of these well, Boyd. Brewster, A. V. Brown, A. G. Brown, FOR JOHN BELL.-Messrs. Adams, J. W. Aller, FOR W. C. DAWSON-Messrs. Alford, Bell, Colqu tt, M. A. Coorer, Habersham, Hopkins, T. B. King, Nisbet, W. Thompson, jr. Warren, and Black-11 FOR D. H. LEWIS.-Messis John Campbell, Griffin, and J. W. Jones-3. FOR F. W. PICKENS.-Messrs. C. Fisher, Holmes, Hunter, J. Rogers, and Sumpter-5 FOR G. W. HOFKINS.-Mr. J. Garland-1. Mr. WISE inquired if the report of the tel'ers included the votes of the five gentlemen who he d commissions from the Governor of New Jersey? He understo d that they were not, and he therefo e re,uired of the CHAIR to put the question w! ether the votes of these gentlemen shall be counted. Mr. DROMGOOLE. I rise to ask of the tellers whether they have counted all the vote? and, if they have, I demand that the vote be announce ! by the CHAIR. Mr. MERCER rose to move for a reconsider tion of the resolut on of yesterday for going into he elect on of SPEAKER. The CHAIR said the motion was not in order. Mr. WISE. I make no motion, but I wish to state the fact that there are five gentlemen from New Jersey here who claim to vote, and therefore ask the CHAIR to state that fact to the House, and take its decision upon it. The CHAIR then at nounced the result of the vote to the House, stating the number of votes given to each person voted for. The CHAIR then itformed the House that five gentlemen from the State of New Jersey, who held the commissions of the Governor of that State, demanded to have their votes taken before the result was announced. After some remarks from Mr. WISE, The CHAIR said that there appearing no! to be a majority of votes given to any one person, the House would proceed to vote again. The CLERK commenced calling the roll for a second vote; when Mr. MERCER rose and interrupted him, and demanded of the CHAIR to receive his motion. [Loud cries of "order, order," and "go on, go on," and much confusion throughout the hall.] The CHAIR said that the House was voting for a Speaker, and the gentleman's motion was not in order while that was going on. Mr. MERCER said he rose to a point of order, and demanded a decision on it. I appeal, said he, from the decision of the CHAIR. Mr. WISE. Certainly my colleague has a right to appeal from the decision of the CHAIR. The CHAIR said he could not put the question on this appeal while the vote was being taken. [Universal laughter.] The CLERK was proceeding with the call, when Mr. GRAVES interrupted him again, and observed that he understood the g ntle man from Virginia as appealing from the decision of the CHAIR. Now he woull not yield the floor till the House dec ded that appeal. [Loud cries of "order, order."] The CHAIR called the gentleman to order, and sid that he had decided that the appeal could not be made while the CLERK was calling the roll. Mr. GRAVES said he could not consent that, when an appeal was taken from the decion of the CHAIR, the CLERK should cont nue calling the roll. Mr. MERCER rose, and made a few remarks, which, from the noise and confusion, and repeated calls to order, it was impossible to hear. Mr. WISE said, in order to illustrate the postion of my colleague, I will state that the CHAIR decides that he cannot put the question on his appeal while the election is g in on. Now, from that very decision, my col eague has a right to appea'. The CHAIR sail the motion of the gent'eman e uld be offered when a Speaker was chosen; tut he could not take an appeal whi e the House was in the act of e'ecting a Speaker. Mr. WISE. Then here is a decis on that an appeal cannot be take. Is it not competent for my colleague to take an appeal from the decision? The CHAIR. Certainly not, sir. [Loud laughter.] The CLERK was then suffered to proceed with the call of the roll; after which, the tellers reported the result of the second vote to be SECOND BALLOT. FOR JOHN W.JONES-Messrs. Judson Allen, H. J. Anderson, Atherton, Banks, Beatty, Eeirne, Blackwe'l, Boyd, Brewster, A. V. Brown, A. G. Brown, Burke, S. H. But'er, W. O Bitler, B; num, Carr, Carroll, Casey, Chapman, Clifford Coles, Connor, Craig, Crary, Cross, Dana, Davee, J. Davis, J. W. Davis, De la 'Montanya, Doan, Doig, Dromgoole, Duncan, Earl, Eastman, Ely, Fine, Fletcher, Floyd, Fornance, Galbraith, Gerry, Hammond, Hand, J. Hastings, Hawkins, J. Hill of N. C. Hillen, Holleman, Hook, Howard, Hubbard, T. B. Jackson, Jameson, J. Johnson, Cave Johnson, N. Jones, Keim, Kemble, Leadbetter, Lee!, Leonard, Lewis, Lowell, Lucas, McClellan, McCulloh, McKay, Malory, Marchand, Medill, Miller, Montgomery, S. W. Morris, Newhard, Parish, Parmenter, Paris, Paynter, Pe'rikin, Pickens, Prentiss, Ramsey, Feynolds, Rhett, Rives, Robinson, E. Rogers, Samue's, Shaw, Shepard, A. Smith, J. Smith, Thomas Smith, Starkweather, Steinrod, Strong, Swearingin, Sweeny, Taylor, F. Thomas, P. F. Thomas, J. Thompson, Vanderpoel, D. D. Wagener, Watterson, Weller, Wick, J. W. Williams, H. Williams, Worthington, and Turney-113. FOR JOHN BELL-Messrs Adams, J. W. Allen, S. H. Anderson, Andrews, Barnard, Biddle, Bond, Bolts, Briggs, Brockway, Ansen Brown, Calhoun, W. B Campbell, Carter, Chinn, Chittenden, Cark, James Cooper, Corwin, Crabb, Cranston, Crockett, Curtis, Cushing, E. Davies, G. Davis, Dawson, Deberry, Dennis, Dillett, Edwards, Evans, Everett, Fillmore, R Garland, Gates, Gentry, Giddings, Goggin, Goode, Graham, Granger, Graves, Green, Grinnell, Hail, W. S. Hastings, Hawes, Heary, John Hill of Va. Hoffman, James, Jenifer, Charles Johnson, Lawrence, Lincoln, Marvin, S. Mason, Me.cer, Mitchell, Monroe, Morgan, C. Morris, Naylor, Osborne, Palen, Peck, Pope, Proffit, Randall, Randolph, Rariden, Rayner, Reed, Ridgway, Russell, Saltonstall, Sergeant, Simonton, Slade, Truman Smith, Stanly, Storrs, Stuart, Taliaferro, Tillinghast, Toland, Trip'ett, Trumbull, Underwood, P. J. Wagner, E. D. White, John White, T. W. Williams, L. Williams, J. L. Williams, C. H. Williams, S. Williams, and Wise-99. FOR W. C. DAWSON-Messrs. Alford, Bell, Black, Habersham, Hopkins, Hunt, W. C. J hnson, King, Nisbet, W. Thompson, Jr. and Warten-11. FOR D. H. LEWIS-Messrs. John Campbell, Mark A. Cooper, Griffin, J. W. Jones, and Colquitt-5. FOR F. W. PICKENS-Messrs. Fisher, Holmes, Hun'er, J. Rogers, and Sumter-5. FOR G. W. HOPKINS-Mr. J. Garland-1. FOR R M. T. HUNTER-Mr. Ogle-1. Mr. MERCER then rose to a question of order. The CHAIR said he wou'd now entertain the question of order, it not having been in order to receive it when it was first m.de, during the call of the roll. Mr. MERCER stated that his object in doing so was that he might move a recms deration of the resolution of his col'eague, [Mr. WISE,] which had been negatived on ye te day by a tie vote. He read the rule on the su'ject, and stated that a mction to reconsider was made by the rules, because of s me errr in the de is on, and in this case he thought p esumption of err r might be considered as man fest, from the fact that the vote was equally divided. Mr. M. concluded by moving to recotsider the vote by which Mr. WISE's resolution, providing for the call of the New Jersey menbe s, had been rejected. The CHAIR said he considered the gent'emen's motion not to be in order, because, the vote having been a tie vote, there was no majority in the case, and the rule in the case the CHA'R did not understand as applying to this case. It was undoubtedly in the power of the House, if they thought proper to put that construction upon the rale, to reconsider. The rule is, whenever here was a vo‘e taken, a member who voted in the majority might move to recon-ider; but in the pre-ent case there was no majority-there was a tie-an equal vote on bo h sides, and the question was decla ed to be lost, only in consequence of the technical rule of the House. There being no majority, he CHAIRMAN did not feel himself at liberty to consider as in order a motion made for reconsideration on either side of the question. Mr. MERCER appea'ed from this decision. Mr. VANDERPOEL moved the previous question on the appeal, which was seconded unanimously -the main question ordered, and the decision of the CHAIR Sustained-yeas 147, noys 84. Mr. C. H. WILLIAMS moved that the House adjourn; but subsequently withdrew the motion. Mr. UNDERWOOD renewed the motion, but the House refused to adjourn. The House then proceeded to a third ballot for a Speaker, and the result being announced, it appeared to be as follow: THIRD BALLOT. FOR JOHN W. JONES.-Messrs. Jud. Allen, H J. Anderson, Atherton, Banks, Beatty, Beirne, Blackwell, Boyd, Brewster, A. V. Brown, A. G. Brown, Burke, W. O. Butler, S. H. Butler, Carr, Carroll, Casey, Chapman, Clifford, Coles, Connor, Craig, Crary, Cross, Dana, Davee, J. Davis, J. W. Davis, De la Montanya, Doan, Doig, Dromgoole, Duncan, Earl, Eastman, Ely, Fine, Fletcher, Floyd, Fornance, Galbraith, Gerry, Hammond, Hand, J. Hastings, Hawkins, Hill of N. C. Hillen, Holleman, Hook, Howard, T. B. Jackson, Jameson, Jos. Johnson, Cave Johnson, N. Jones, Keim, Kemble, Leadbetter, Leet, Leonard, Lewis, Lowell, Lucas, McClellan, McCulloh, McKay, Mallory, Marchand, Medill, Miller, Montgomery, S. W. Morris, Newhard, Parish, Parmenter, Parris, Paynter, Petrikin, Prentiss, Ramsey, Reynolds, Rhett, Rives, Robinson, E. Rogers, Samuels, Shaw, Shepard, A. Smith, J. Smith, Thos. Smith, Starkweather, Steinrod, Strong, Swearingen, Sweeny, Taylor, F. Thomas, P. F. Thomas, J. Thompson, Turney, Vanderpoel, D. D. Wagener, Watterson, Weller, Wick, J. W. Williams, Henry Williams, and Worthington—110, FOR W. C. DAWSON-Messrs. Adams, Alford, J. W. Allen, S. H. Anderson, L. W. Andrews, Barnard, Bell, Biddle, Black, Bond, Botts, Briggs, Brockway, Anson Brown, Calhoun, William B. Campbell, Carter, Chinn, Chittenden, Clark, Corwin, Crabb, Cranston, Crockett, Curtis, Cushing, Garret Davis, Edward Davies, Deberry, Dennis, Dillett, Edwards, Evans, Everett, Fillmore, R. Garland, Gentry, Giddings, Goggin, Goode, Graham, Granger, Graves, Green, Grinnell, Habersham, Hall, W. S. Hastings, Hill of Virginia, Hoffman, Hopkins, Hunt, James, Jenifer, Charles Johnston, W. Cost Johnson, King. Lawrence, Lincoln, Mar. vin, Mason, Mercer, Mitchell, Monroe, Morgan, C. Morris, Nisbet, Osborne, Palen, Peck, Pope, Proffit, Randall, Randolph, Rariden, Rayner, Reed, Ridgway, Russell, Saltonstall, Sergeant, Slade, Truman Smith, Stan'y, Storrs, Stuart, Tiliaferro, W. Thompson, Tillinghast, Toland, Triplett, Trumbull, Underwood, P. J. Warner, Wiren, E. D. White, John White, T. W. Williams, L. Williams, J. L. Williams, C. H. Williams, S Williams, and Wise-103. FOR DIXON H. LEWIS.-Messrs. Bynum, M. A. Cooper, Hubbard, J. W. Jones, Pickens, and Co!quilt-6. FOR FRANCIS W. PICKENS.-Messrs. J. Campbell, Fisher, Goffin, Holmes, Hunter, J. Rogers, and Sumter-7. FOR JOHN W. JONES.-Messrs. J. Allen, H J. Anderson, Athert n, Banks, Bea ty, Beirne, Backwell, By, Brewster, A. V. Br wo, Burke, W. 0. Butler, Carr, Carro 1, Casey, Clifford, Coles, Cornor, Craig, Dana, Divee, J. W. Davis, De la Montanya, D an, Doig, Ir mgoole, Duncan, Ear, Eastman, Ely, Fine, Fet her, Floyd, Galbraith, Ger y, Hammoud, Hand, J. Has ings, Hawkins, Hll of N. C. Hi en, Holleman, Hok, Hward, T. B. Jackson, Jameson, Jes. J. hus n, Cave J. hrson, Natha iel Jones, Keim, Kembe, Leadbetter, Leet, Leonard, Lewis, Lowell, Lucas, McClel ar, McCul oh, McKay, Mallory, Marchand, Medin, Miller Montgomery, Newh rd, Farish, Parmenter, Parris, Panter, Petrik in, Prentiss, Reynolds, Rhett, Rives, Robinson, E. Rogers, Samuels, Shaw, Shepard, A. Smith, J. Smith, T. Smi h, Starkweather, Steinro, Strong, Swearingen, Sweeny, Tayl r, F. Thomas, P. F. Thomas, Torney, Vanderp el, D. D. Wagener, Watterson, We ler, Wick, J. W. Williams, H. Williams, and Worthington-101. FOR WM. C. DAWSON-Messrs. Adams, Alford, Barnard, Bell, Bid !!e, Black, Bond, Botts, Briggs, Brockway, A. Brown, Calhoun, Carter, Chian, Chittenden, Colquitt, Crabb, Cranston, Ceshing, G. Davis, Deberry, Dennis, Di lett, J. Edwares, Evans, Everett, R. Garland, Goode, Graham, Granger, Green, Grinnell, Habersham, Hall, Hastings, Hoffman, Hunt, Jenifer, Charles Joh ston, King, Lawrence, Lincoln, Marvin, Mas ›n, Mer er, Monr e, Morgan, C. Moris, Naylor, Nisbet, Osborne, Palen, Peck, Fope, Ratda'), Randolph, Rayner, Reed, Russell, Sa'stonst'all, Sergeant, Slade, Tuman Smith, Stanly, Storrs, Stuart, Tal aferro, W. Thomson, jun. Tillinghast, Toland, Tip ett, Trumbull, P. J. Wagner, Warren, White, T. W. Wiliams, and L. Williams -77. FOR R. M. T. HUNTER.-Messrs. J. W. Aller, S. H. Anderson, L W. Andrews, W. B. Campbell, Clark, J. Cooper, Corwin, Crockett, Curt's, E. Davies, Gentry, Giddings, Geggin, Graves, Henry, Hill of Virginia, Hopkins, James, Mitchell, Ole, Fickens, Proffit. Rar den, Ri'gway, Simonton, Underwool, J. White, J L. Williams, and Wise-29. FOR D. H. LETIS-Messrs. A. G. Brown, Bynum, Chapman, M. A. Coorer, Crary, Cr ss, Frnance, Griffin, Hubbard, J. W. Jones, S. W. Morris, Ramsey, J. Thompson, and S. Wiliams -14. |