North Carolina, (Mr. SPEIGHT,) failed, to propose one of the nature he had described.

remark he had submitted at the opening of the debate, he felt himself bound to ask for the ayes and noes.

Mr. BEARDSLEY, in an argument of considerable length, took a general review of the The ayes and noes were ordered and taken, circumstances of the case, and of the power as followsof the House to punish for contempt. The YEAS--Messrs. Allison, Appleton, Arnold, Ashconstitution exempted members from arrest inley, Babcock, Danks, Barber, Barringer, Barstow, cases of treason, felony, and breach of the I. C. Bates, James Blair, Briggs, Burd, Burges, peace; and it provided, also, that they should Cahoon, Chandler, Choate, Coke, Coll er, Lewnot be questioned for any thing they might say is Condict, Silas Condit,, Connor, E. Cooke, in debate. But he conceived that this did not B. Cooke, Cooper, Corwin, Coulter, Craig, apply to violence committed out of the House; Crane, Crawford, Creighton, Daniel, John Dabut that it guarantied to them a freedom of vis, W. R. Davis, Dayan, Denny, Dewart, Dickspeech which was not to be questioned by any son, Doddridge, Doubleday, Duncan, Ellsproceedings in a court of law. He quoted the worth, George Evans, Joshua Evans, Edward statute of the first of William and Mary, which Everett, Horace Everett, Felder, Ford, Gilprovides that members of Parliament shall not more, Grennell, Griffin, Hall, Heister, Hodge, be responsible for the payment of damages for Hughes, Hunt, Huntington, Ingersoll, Irvin, any reflection which they may make, in the Jenifer, Kendall, Kennon, King, Leavitt, Letch. course of debate, on the character of indivi-er, Lyon, Marshall, McCoy, McIntire, McKay, duals. He proceeded further to express his views as to the power of the House, and ad verted to the arguments of Mr. DAVIS, of Mass., on that subject.

Mr. DAVIS, of Massachusetts, made a few remarks in explanation. The power to punish for contempt was essentially the power of the House to preserve itself.

McKennan, Mercer, Newton, Pearce, Pendle ton, Pitcher, Plummer, Potts, Randolph, Reed, Roane, Root, Russel, Shepard, Shepperd, Stewart, Storrs, Sutherland, Taylor, Thomas, Thom. son, Tompkins, Tracy, Verplanck, Vinton, Washington, Weeks, Wilkin, Wheeler, Elisha Whittlesey, Frederick Whittlesey, Campbell P. White, Edward D. White, Wickliffe, Wilde, Williams, Young.-106.

Mr. BEARDSLEY continued. The power to punish for contempt was not given in express NAYS-Anderson, Angel, Archer, Barbour, terms, but he admitted that it was possessed in Barnwell, James Bates, Beardsley, Bell, John some cases. If an attempt were made to take Blair, Boon, Bouck, John Brodhead, John C. away a member from that Hall, or to obstruct Brodhead, Bucher, Claiborne, Clay, Conner, him in his passage to or from it, it was evident- Davenport, Drayton, Fitzgerald, Foster, Gorly a contempt, and as such could be properly don, Harper, Hawes, Hawkins, Hoffman, Hopunished; but it was a question whether that gan, Holland, Horn, Hubbard, Jarvis, Jewett, was not the limits of their power. It did not Cave Johnson, Johnston, Kavanagh, John King, follow that the House possessed furcher autho. Henry King, Lamar, Lansing, Lecompte, Lent, rity than this. He observed, also, that the Lewis, Mann, Mardis, Mason, McCarty, William commitment of the party to prison would not McCoy, Thomas R. Mitchell, Muhlenberg, restore the gentleman to the deliberations of Newnan, Patton, Pierson, Polk, Reed, Slade, the House; and he asked, then, if the subject Smith, Speight, Standifer, Stephens, Thomphad not better be left to the ordinary course of son, Vance, Wardwell, Wayne, Worthington. law. The gentleman from Ohio was not now-64. restrained by the party, and he thought, therefore, that the House should not act upon the matter, either by the adoption of the resolution for the issuing of a warrant or by the appoint-also by ayes and noes. ment of a select committee.

So the amendment was cut off.

The main question, which was on the adop tion of the resolution of Mr. VANCE, was taken

The following is the vote

Mr. WICKLIFFE said, he had been taught YEAS-Messrs. Allan, Allison, Anderson, to consider the intention and use of laws to be Angel, Appleton, Archer, Arnold, Ashley, two fold: first, that the individual offending Babcock, Banks, N. Barber, J. S. Barbour, should by his punishment be admonished, that Barnwell, Barringer, Barstow, I. C. Bates. J. he had so offended; and secondly, to make him Bates, Bell, Bethune, James Blair, John Blair, an example, to deter others from offending in Bouck, Briggs, J. Brodhead, J. C. Brodhead, the like manner. If the objects in this case Burd, Burges, Cahoon, Chandler, Choate, were merely to repair the injury sustained by Claiborne, Coke, Collier, L. Condict, S. Conthe gentleman from Ohio, they should rather dit, E. Cooke, B. Cooke, Cooper, Corwin, send a surgeon to heal his wounds, than send Coulter, Craig, Crane, Crawford, Creighton, their Sergeant-at-Arms to arrest the person Daniel, Davenport, J.. Davis, W. R. Davis, who inflicted them. After some farther re- Dayan, Denny, Dewart, Dickson, Doddridge, marks on the nature of the debate which had Doubleday, Drayton, Duncan, Ellsworth, G. arisen on the question, Mr. W, concluded by calling for the previous question.

Mr. POLK said, that inasmuch as the motion for the previous question would, if agreed to, preclude a reply on his part to the many obser vations which had been made in relation to the

Evans, J. Evans, E. Everett, H. Everett, Felder, Ford, Foster, Gilmore, Gordon, Grennell, Griffin, T. H. Hall, Hawkins, Heister, Hodges, Hoffman, Hogan, Hubbard, Hughes, Hunt, Huntington, Ingersoll, Irvin, Jenifer, C. C. Johnston, Kavanagh, Kendall, Kennon,