And the charge against the said William Duane having been read, he
repeated his request to be heard by counsel.
On which he was ordered to withdraw, and a motion was made as follows:
_Resolved_, That, William Duane be permitted to be heard by
counsel, he having appeared, agreeably to the order of the
Senate, and requested that he might be heard by counsel.
On which a motion was made to strike out all the motion subsequent to
the word "Duane," and insert:
Having appeared at the bar of the Senate and requested to
be heard by counsel, on the charge against him for a breach
of privileges of the Senate, he be allowed the assistance
of counsel while personally attending at the bar of the
Senate; who may be heard in denial of any facts charged
against said Duane, or in excuse and extenuation of his
offence.
And it was agreed to divide the motion, and that the question be taken
on striking out; which passed in the affirmative--yeas 18, nays 11, as
follows:
YEAS.--Messrs. Bingham, Chipman, Dayton, Dexter, Foster,
Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore,
Lloyd, Paine, Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, Nicholas, and Pinckney.
A motion was made to amend the amendment by striking out these words "he
be allowed the assistance of counsel while personally attending the bar
of the Senate; who may be heard in denial of any facts charged against
said Duane, or in excuse and extenuation of his offence;" and to insert
"he be permitted to have assistance of counsel for his defence;" and it
was agreed to divide the motion, and that the question should be taken
on striking out, which passed in the negative--yeas 10, nays 18, as
follows:
YEAS.--Messrs. Anderson, Baldwin, Bloodworth, Brown, Cocke,
Franklin, Langdon, Marshall, Mason, and Nicholas.
NAYS.--Messrs. Bingham, Chipman, Dayton, Dexter, Foster,
Goodhue, Greene, Hillhouse, Latimer, Laurance, Livermore,
Lloyd, Paine, Read, Ross, Schureman, Tracy, and Wells.
And, on the question to agree to the original amendment, it passed in
the affirmative--yeas 21, nays 8, as follows:
YEAS.--Messrs. Baldwin, Bingham, Bloodworth, Chipman,
Dayton, Dexter, Foster, Franklin, Goodhue, Greene,
Hillhouse, Latimer, Laurance, Livermore, Lloyd, Paine,
Read, Ross, Schureman, Tracy, and Wells.
NAYS.--Messrs. Anderson, Brown, Cocke, Langdon, Marshall,
Mason, Nicholas, and Pinckney.