House of Representatives.
Friday, April 4, 1862.The House convened at 11 o'clock, and its session was opened with prayer by Rev. Dr. Moore, of the Presbyterian Church.
Journal of yesterday read.
Mr. Goode, of Va., stated that his colleague, Mr. Holcombe, had been called home on urgent business, and he asked leave of absence for him; which was granted by the House.
Mr. Baldwin, of Va., asked leave to present a memorial; which, without being read, was appropriately referred.
Mr. Miles, of S. C., moved that the resolution offered by him several days ago, to allow the Military and Naval Committees to report at any time during the open session, be taken up and considered. The motion prevailed, and the resolution was taken up and agreed to.
The Speaker announced that the question before the House was the unfinished business of yesterday, viz: The Arkansas contested election case.
Mr. Smith, of Va., being entitled to the floor, addressed the House at considerable length. He reviewed the whole evidence in the case, and ably and elaborately argued in defence of the claims of the contestant to the seat of the sitting member.
Mr. Gardenhire, of Tenn., replied to Mr. Smith, and with considerable ingenuity, and some ability, summed up the testimony before the committee. He advocated earnestly the right of the sitting member.
Mr. Johnson, the contestant, followed Mr. Gardenhire, and asked that the argument of his counsel might, with the other papers in the case, be placed upon the calendar. He addressed the House in favor of his claims, basing them upon the corrected returns from the county of Arkansas rather than upon any technicality of the law.
Mr. Garland replied to the remarks of Mr. Johnson. His speech in defence of his claim to the seat was able and ingenious.
The question was then submitted to the House for its decision.
Mr. Crockett, of Ky., from the Committee on Elections, and one of the minority of that committee, submitted two resolutions: 1st. That the Hon. A. H. Garland is not entitled to the seat on this floor as the representative of the third Congressional District of Arkansas, and, 2d. That the Hon. Jilson P. Johnson is entitled to the seat as representative of the third Congressional District of Arkansas.
To there resolution
Mr. Kennan, of Ga., offered as a substitute. That the Hon. A. H. Garland, the sitting member, is entitled to the seat upon the floor of this House, now contested by Hon. J. P. Johnson.
A motion was made to postpone the further consideration of the question until 12 o'clock to- morrow, but the motion was not agreed to
Mr. Gardenhire moved to lay the resolutions of Mr. Crockett and the substitute of Mr. Kennan upon the table. Upon-this motion.
Mr. Crockett, of Ky., called the ayes and noes; and the call being sustained, the vote was taken and resulted ayes 45; noes 42.
The question then recurred upon the majority report of the committee, for which a substitute was offered by Mr. Lions, which substitute was rejected by a vote of ayes 34, noes 40
The question again came up on the adoption of the committee's report submitted by Mr. Smith, of North Carolina, and it was agreed to by an aye and no vote, as follow ayes 49, noes 36. This report provides that the contestant and sitting member shall have additional time to produce further evidence in the case.
On motion; the House then adjourned.
