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0 / 75
In lust week' Caromvu !, we gave the pro
ceedings of C'onirrPMi nt lei.gth up lo I he I till, on
lucb.day tU H.Miaeof Representative had MX
t.itltingi t.ir 3Haker, awf B"j"mW wtttumt sta
lling r choice.
On MonJay, the ICih, in Senate. I he Standing
Committees wore anmHioced by It Omir, ( lief
f which we will hereafter publish.) mid then that
tuxtv adiouxncd. la the (liaise, the balloting fur
Sneaker was resumed, when, on the llth ballot,
Mb. It. M. I. iiustv-b, 01 Virginia, w rnnssn
by ibe flowing-
,1r. uslcr Messra. A'lamf, Alford, J. W. Al
lea, L W. Andre, Bell, BiIdle, Dlsek, Bmel, Butt.
ISrockwey, A. Bruwn, H. II. Hiitler.Calhoun, J. Camp
bell, W, a Campbell, Carter, Chum, Clarke, Colquitt,
J. Cooper, M. A. Cooper, Corwin, Cranston, Cnckell,
Curtis, Gushing, E. ivi, (J. Davis, l)swsim.,Iererry,
iJeoiiii, Dillet, Kdwsrds, Fillmore, Fn-licr, R. Garland,'
Gentry.-'julduisra, 0'irs'n, Oissle. Graham, Grnhger,
Crave, (irera, Grilft'i, Urinnell, llaberxbsm, Hull, VV.
K Hasting, Henry, Hill Vs.,HofTnvin, Holmes, Hop
kins, Hunt James, CriafcJ.Aiiwm. VV.C. Johnson, King,
Lawrence. Lincoln, Marvin, Mason; Mieer, Mitchell,
.... 1. ...-, I' MftrriM NitvL.r NMI. I tfle. I M.
homo, Peck I'lekens, Pope, Promt, Randall, lCniklJlsnT
Randmi, RiVner, Reed. Kidgwsy, Kusaell, HaltonsUill,
Sergeant, Sirouolon, Klsde, Tr. Smith, St.nly. Nlorrs,
Sumter, Kluart, TslisleTo, W.Thisropson, lilltnch,
Toland, Tripleit, Trumbull, UrMlfrwomlP. J. Wags
ncr. Warran. B. D. White. J. White. T. W, Williams,
I. WillMuit, J..L. Williams. C. H. Williams, 8. Wil.
liama, Wise, Jenifer, reretl, Chittenden, Evans, (Jites,
ItarmrJ, Mriggs, Paln,Crabb tnd S H. Anderson 11D
For J. IV. J tnri Mesvrs J.'AHen, AliM-rtnoiUiiTiio,
Bisckwsll, A. V. Brown, W, O. Butler, Carroll. Clif
ford, Connor, Dusn, pmmgoole, Earl, My, FirM,.llnd,
J. Hastings, Hiwkin, Hill of N. 0, Hilln, llollcnwin,
llowtnl. J. JoIiiimmi, N. JiNifti, Ki'iin, Kemball, Lo0'
rd, Iw8ll, McClcllo, McK, Millrr, Prih,
l'riiMntr, Hwirikm, Hrmitw. Kivci,J. Rndifeni.Hliw,
Bbfjuril, i. Umith, Th tiiiitli,Httiirl, HtrMijr. SMr
ineen, Sweeny, Ttylf, ft. Tlnnn, P. P. Tbmiws
Turn-, Vamiftrpnel, Wisller, J. W. Willitnt. Henry
Willnim, Wortlitngtoo, tnd Bsnkt ft!,
Various othnr giitleiiieu were voted fori, to the
number of 51 vote, mukiue the whole Ninmint of
Ulloii cant 232 necowary to a choice, 117 ""d
Mr. Hunter having recfived 110, wneilH:lNrd du
ly elected. It va conducted to the Chair, and
the oath of iiflice aa administered to' liiin by Mr.
Lewis Williams, ihe senior nwmber of Uia Jlouse,
lid (ben the House adiiHirned.
that as soon as the annate was ready to proepcd
to businesa, he would introduce a liill for the col
' lection, safe kee)itig, &ic, of the public revenue
familiarly known as the " 8uliTrasury Bill." (i
the House, at 12 o'clock, Mr. Hunter the f?wk
2r elect, ppred,"ok his eat, and delivered a
verv handsome and manly address to the llnune ;
' in which, he aoiil 'fc 'I Shall Teeni as eapeclallf "te
, from me tn you lo preside as the speaker, riot of a
Varty,'but of "ihrtltwwf Whilst -ahnll -iteejrr It
my duty, Upon all propel occniioiis to soslairj the
principles upon which I stand pledged to the coun-
try." After 'ao Tne(H;cluiir inoiion by Mr." Drom
goold, lo havff the lulon and orders of the last ll,
' of Kepresetitafives adopted as the rulos and orders
zZ2 "of iJe nfrioitt ttmUmmS"
enable them to into dushics me aieaker men
aduiinintered the oath to all the members but those
from New Jerney Mr Randolph, whose scat u
not c'ontesled. rwluding to be sworn when the State
of N- Jersey was railed, sules the five other veh
tlomert wtio' hold the UoeriMir's certificates, and
whose right to scat's hud besn denied by the Ilouae,
be sworn al the same time. 1 his the sneaker re
proceedings on this case, he should not hve ho
!.'.- , ' aiuted in adiMiniatnriug'lhe'Mtb. (rl these gentle
' llomen j but, inasmuch a proceedings had been1
had heretofore in the liaise, and a decision made,
or rather a negative proportion adopted-, he felt n
to b hi duty t ref" 'n 'minister the oath to
. . them, and lo reler tne mai-r io rne ,.o. i,, ...
- .....i u..i.l li.orn. Mr. m then.
M he said, to last this q.r"ii. movTuTW
ledUme be not irvrr ""'-.WP "g"
od that the questi.n-w 0"" P
. issi u usaifw sswasj. iifv"-".-
4- ' tjtrr-mi w--hertly- pt'ved A tbe ermrsr
' adopted by fH'baic, In reterring the autijeci to
Um II.mim f. conideraiiou ( but a to the
mode in wKn ' 06 presented, he did not un
derstsiid ;batr lo decide, but that be h-fl if en
lirely 'ha H'atso. The gentleman from Virgin
ia f V Wise wa right under these circumslail
cee10 "afltt iiijf fd.uti'W wliichhe ciaisidered In
lr in strict conlof inity lo Ihe spiril and provision
X the CtNisiitution of the United Slate. The
ery first question which presenia itself herei.no
less than this : If gentlemen pre sen the.imelvr)
here with regular rrdontials,orti)ring to be sworn,
are they lo be excluded ny less lhan a majority ol
the House? Did it not, in other word, require a
majority to bring tbem in. or did it not require a
majority to etclude them 1 I hose who maintain
that it require a majority to bring them in. main.
tain what appeared to him to be unconstitutional
doctrine, because it seemed that, lu entitle a ga
- - lleman to be sworn, he must have omet ting more
I baa regular credential of hi Siate; that is, he
mut have the aid of a majority of this House. He
considered the decision Ihst wa made by this
ilouae some day ago, lo he of a very doubtful
character, to say Ike least of it j nay, he could
iioTMyrtharrteciaion wttcicifitrtsablrf roTbe Curr;
. ruitutioa. either w H term or it spirit. Now,
.-.wsiswsaal Mh&wtliw thw Isw-vsf 4v wmd t
...JlJLNw a choice, ktbe Iwa iu.kl.vs of patting tlie
2 t'iestion, i it m4 plainly within the aturil vH ihe
which lhall givo lo the voice of a sovereign Slate
.ibejrreateat power t Or shall we (said lie) regard
, that voice a nothing, awl insist upon it that those
gentlemen cannot be introduced unlnwi msjoritv
of Ibis Hum derUred them entitled t cmoe in
- .JjBt us see, said Mr. S.,what are wa railed
- tiociJa, auJ what we aio-tu deciJa. -
yet a liaise of Reprn-utative of the Uinimt
rHatrs, ha Hiram trr rrs-rsrHert wtrfrrrgSiiTir'iW'.r n
' reason he IteH the Houhm of R-pre
"?' . enltive, in all its slag. if xitnnc, io mnall
. . . . c tl . t - O . . . t . .
. n-prrwiiiBiitMi mini SH ill" o SIJ" 01 WC I llloll, lu
4ropoi;tinn laUiat allowed by lha Uws. - 'I he-ttrst-
provisinn of th Constitution relating to this sub
jet w, that in every rtsje n lha 'existence of the
House, every State shall be represented that no
Htate shall atnnd unrepresentnd. If a State ha
not a euflicient popalatinn to entitle her to one
Representative, according lo tho apiHirtiunmcni
hw, yet she roust, according to the Constitution,
liave one. ;
;. Mr. 8. here referred to ihe third c'auso V the
! second section of the first article 6f the Conntitii.
ton to support of hi argument, as follows : " The
:!imbcr of representatives shall not exceed one fr
mery thirty thnuaand, bot each State shall have at
" kal one representative-j ond unlit auch enumnra.
tm shall be made, the State of New Hampshire
, ' . Xall be entitled to choose three t Maswchnsett.
s-iehr j RIwmI.) Muiid end Provulifnre Plimiatioi, j
nirtji Coim.'1-ticiii, , five ;' Sew Y wit, sn.; Ni!w
Juisv1, P,urn Pi-iiiiivauia. ciyt.l ; Di Uware, one;
Hnry'land, sit; Virginia, ten; North "arolina,
fims-uutb- Carolina, tiwiMl!".',j!'''ijl',r?r"
N.w, (wid Mr. IS.) what da you propone to do 1
Whyj-trrcmrrttrtit Cwnjcies wrtluu reprei.
talMKi from the Slato of New Jersey, by memlers
from the other Stales of this l-nion Voting apainst
ihe.n. The CoiMttituiion nays thnt every tftalo
hall have a Representative her, arid yet you
have deprived a sovereign Siati of five-ntttha of
her representation. Under the ConMitution and
laws, as they now are, the State is not otherwwi
known than as au orjanic Nuly;, and we have no.
ritjht, in the present stage of our proceedings, to
look at the State of New Jersey bjt asanorgnniQ
boily- as an independent power coming here, do-
inutding lo Inko her Miure in the legitlatinn ot ,
Congress. . las New Jersey fmled to iki her duty
under the Constitution T It is admitted that alio
has done it that she is itere by ber Represent a
iives, who have Un here from the beginning,
claiming to be admitted. She lias five sixth of
her Representatives here, who have been ecluteil.
Can you constitute a Congress without them T The
Stale having elected her Representatives, wnen
IIIJC CIW It'M lix- .....s.-,
' ' .' .
in the buwiieM of the nation, your excluding them
hfTwis all the State of the Union, ISew Jersey a ,
well as the rest. Where is your authority for
this! Mr. S. here went on to comment on the
coniitiiMsiisia presented by the five New Jersey
claimants, and contended thai they were regular, -and
such as bore on heir luce nothing to raisn a
doubt. No ich question, he said, was ever raised
in " regard TJT Mf. Moore' credontials, and the
Miwmwippi members. From Iho commission
themselves, no gentleman could find in them a
aingle particular in which they were not in precise
confnrinity with tb law uf New Jersey. You
ftould no have more conclusive evidence presented
from New Jersey, or from any Slate, to show that
theae gentlemen were elected.' I
Mr. 8. here went into a long argument of the
comtilutional question involved, and in answer to
the doctrine of Mr. Pickens, urging in contradic
tion to him, that the house of Representative -kuown
to the Constitution, wa a House in which
all the Slates were fully represented and contend
ed that a representative holding the certidiaie was
a member of CiNiress before be arrived here, and
before ;ie was -Qualified. Mr. S. continued his ar-
men holding the certincaies to take their seats,
without examining the testimony or going to any
extent behind the certificates, '
Mr. DaoxoooLi replied nt length to the argu
ment of Mr. Sergeant, presenting, in forcible and
eloquent language, a conclusive ami able refuta
lion if the posilions "prtnofttcd 1y that gentleman,
otline f -whwb-iiwrt will only -pe
mit us now lo give. He had never, at any pre
into the merit of this controversy, because he be-
lieved the discussion would ' be premature, and
would have no oilier effect than to prejwige and
forestall the opinion of ll' House and of the pub.
he. b fore the evidenco Was before lliera. II
J WiwtttM uajwiuljtr lijia que stion by a com:J,
to Ihe li.mse.ni that then both parties should
be permitted lo come io, and present their owO"
case, "ore tenui al the bar, . .But gentlemen on
the other side wanted to jump over all inquiry, re
ject all evidence, and restricting themselves to the
commissions of the Governor of New Jersey, de
cide that those who held them should take their
ewtsTbey wr. called upon. lo. decide, that fbeae
oumininsion were conclusive as to I lie njht of the
gentlemen to take ihpr seals, and could not by any
evidence be controverted. Gentlemen'" had also
nrjed Ihe impcrloct state of Ihe organization of
tho House, as a reason why it could ma" go into an
examiaaiiim of all the evidence bearing on th ryot tnose persiins onogmg inem io laao ineir aeat
ruM.ta uuii.. - now avail them- , I without further question. ., Where waa the p rece
ssive of lhal difficulty. We are. said Mr. D.. m. dent for tl All the rltviiioiu wara direeils mi mm.
oath ol ollice, and there ia nothing to provent u
Irom eulcriug into an examination uf all the evi-
"p!!iatid of deciding jt gpHU
J-'fTfoT""!.": w'"" w
until alter a full exammaliiHi u to all the f.icts-aod
evidence bV a roiniuittee and a .report upon n.
Some of the proposition of Iho gentleman from
Pennsylvania Mr. Sergeant wern n abhorrent lu
ihe principles uf Ihe Constitution, lhal he felt con
strained to meet them n the thr slmld, though ho
would not now go into an examination of the
nf it of- tb tvvw.qovij.Mi-.JlA-.uuderstuud. the...
gentleman to aay that he Could only look at the
State of New J.-n-sv acting in its corporate, or or
game cacity. Now be utterly denied that in
tnmrwtaitrnihe doctrines of the- gentleman were
in weoof dance with the in ituiion ; and he would
rail up him kxik at lhal instrument itketf, and
see what authority it gave him for his aasuinpttoos.
Before gning into an examination of thia part of
the gentleman's argument, he would premise a few
remarks, in order lhal they might arrive at a bel
ter uiiderstaiw'iiu of ih sulgncU It wa known to
the 8ieker, who, from hi infancy, had been
taught in Ihe political school of ihe Slate Rights
party, thai the term Slate " is used in three dif
fereni sense ; ami, be would refer gentle men lo
Mr. Madisiai's celebrated report on ihe reluiHMia
of John I ay lor of Caroline, hi the Virginia Le-
giLilureLifittt h'ri! fiUhia uuikrstaailiJig f ihe
term. J hr term - State " anmetimTr-meantthe
lerniory comprehended within its limits as, said
r. IJ., we may speak of f.nT..a.ntetffwnl!!M qofsti.m. wss raised with regardtto t))
into" 'Virginia." It sometime meant the "ma'chinet
ry by .which the -Stale UnvroMMit was rrted
on ; and again, it aoinetimes uhShiI lha whole peo
ple of tlie Slat; and then the term State was ap
plied to it as a sovereign Stu'te abate. : The term"
State, therefore, waa sometime applied lo iheHer.
ritory ; sometime to the Government, and amne.
lime to the people, in their highest attribute of
anssVigiily. .The Sisls Goveeomei.lii, mm wch.
tlr. IJ. said. Bin wit parties lo Ihe Federal con
bcU .Tha, SlaU.i0.feWtt
the resl, in their higheat sovereign cspacity, that
m os oiaie atone, are the par-
ties. . U i not tell me. then. Mid Mr. II. ik.i
are npfHsied lu State rights, when we conlend thai
the' macliiiiery if a Stale shall not misreuiesenl
thn will of iho sovereign peoplo of i lis Stale. Wiih
thia dislinciion he would call Ihe attention of lha
gentleman from Pennsylvania lo th language of
the Constitution pn this subject. "The House of
Repre)iilsiive shall bo-compoed of member
c Wn every wvomJ year "By whm, sir f By
llw States! N., sirs but bv the moitt ot lha
several State. Then aa to the Senate. The
Cimstilution say that " the Senate nf tha
Slato altall be Composed of two Senstnrs fro.si
each Stale, chosen by the Legislator thereof
A:cv ,AndJhere, en id Mr. I)., is ihe distinction
shown between the two IkwI.m, and Un is, what I
hive always coniemled it is, the popular body
..... ..,. ,.nl, ,.i lna rraerai Movernmenl which
Uow- fcr ftitrrat!
cMym allud.gM Mr- Meiccrj' miia, ur w
Cully concurred in tli' u great doctrines ol the
SiHte UiL'lits party. '-'
In looking .at the return of the New Jersey
elections, even if we should go behind the great
iel, we slmll begu.lty ' neillM r Uf m TirHal-
tlie Cujwutution, iior ot Ai.iSV,' Li!'" . al?..!
New Jersey J but, on the contrary, in conieiiumg
lor tho right of the people to elect their Repre
sentatives, we are carrying out the Federal com:
n.el in the fulle estent. We inquire wh the
peopfe of New Jersey have elected as their Repre
sentatives, Bnd. iii so doing, we regard that btatc
in her highest aovercigo capacity should
like to know from his learned friend from Penn
sylvania, or from any member of that body, learn
ed or unlearned, where it i he finds any authority
for the assunmlinii that the House of Kcpresenta
live could not go behind the commission of the
Governor of New Jersey, with the great eai
the State, in deciding, upon the elections, return
and qualifications of ,it members. He denied
lhal there waaany authority for it, either in the
Constitution or laws, or in precedent 1 found in
parliamentary practice. He contended that the
word returns,' carried With it every question
-mil uiih thn returns:' and that they had a
' rl'. Im.m
f . a .1. A . 1 . ..U1,lt avasa sMIft-
of Millville and Soutb Ainlwy, which were sup-
pressed by the clerks, as i-to the commissions
of the Governor of New Jersey. If gentlemen
tf.Milrfed this, he would cite fur them abundant au
ihi.riit. - Mr. I), hern referred to the "case of
f! ..blinr and Mead, ft contested case of election
return decided nne year ago yn the House of
Representatives. Io ibis case, under the law of
the State of Georgia, the "vote we required to
be returned within a limited time J but the vote of
three countie not having been relumed within
that time, the Governor felt himself constrained
not to count them,' and to give the commission to
! Mead. The seat wa contested, and it wa oect
dud here that the Ilimse wa not restricted by the
j proclamation of the Governor, a ia now contended,
; but that the " rrturni " coir preiienoeo au tne vme
given in (bat Congressional district, whether count-
mA hv l ha Governor or Dot. There were two
! point decided in that case, the primary Velum
and the ultimate return and therefore, the law
tof New Jersey requiring lh return to be made
bv the count v clerk to the governor, who is to
'um them all up, and to give the commission in
j conformity with them, the Houw must inquire into
j all the Taut if these electioti. going " back lo the
precedent. I he House decidod agaiuii wr. npai
i-. ....... j ,
ding, and that the vote which were kept back,
whether they were the result of fraud or other
wise, were still lb be- counted. Mr. D. would not
here enier into any examination of the conduct of
Governor Pennington. IJa would not pretend to
! say that Gwnior, Punningtoa had, dona wrong.
He would be willing to admit, and he would ground
could not ave acted otherwise' Ibah' beudi;l thai
be waa obliged lo give hi cummi'Wions, without
counting the Millville ood South ,Aniboy vote;
hut he would ask, rbuld I hi Hmise refuse to count
them T There were at least forty caae in which jt
... JIJlo. aim uimii mo irrouiiii mill iiiiv H'nim wa inn
out. It was perfectly competent for the U.Mise,
'looking into the return, to examine them all-to
compare them together, and decide whether these
certificate of Ihe" Governor, with the broad seal,
might not be impeached either for want of form or
i want of verity J end, II they were not in accord
ance with the law of New Jersey, and not io ac
. cordaoce with the facta as regard resumrning up
all Ihe vote taken at the election; they were void,
. and mighj. be aet ast'le. He would be- gM to
know where gentlemen found the authority for the
assumption, that these commissions of the Govern-
r of New Jersey wer in the right
Itlesd, it wa decided that the-returns' Were only
prima facte evidence. But gentlemen contended
uf lliia .aUurdttW U -must W ad
milted that the right lo take a aeat i'l lhal Bouse
rested on the elections and qualifications of the
members, and that the prima a evidence of
Ihesn Iwi circumstances was only gond evidence in
me ansence ni any inmg io contradict it, I he
very learned gentleman Iroio Pennsylvania at
tempted lo prove that the five New Jersey gen
ilemea were; now members of. Jhe.JLIouaqaLbad
been so for a long time. Now, he did not under
Staudttiat tbei Was any thing itr the Consriiuiion
or the law In justify him in this position. Did he
understand the argument of the gentleman to be,
that because these five New Jersey gentlemen, on
their way here, might lie discharged from arret
under color of Iheif. right member of ihe
House, this gave them a right T .Where did the
gentleman find that the decision of a judge, or
even ol the chiel justice bimseir and all his asso
ciates, waa authority lo bind the House of Repre
sentatives; acting under the power given them by
the Constitution T To a certain extent, these gen
tie men, with Ihe commission of the Governor of
New Jersey in their pocket, hal Ihe right and
privilege of member, while on their way to the
eat or liovernment j but that gave them no riirhi
which I hey 'id not
tlere-M rvl). quoted
Ihe case of Hammond, a member from Ohio, do
ctded I by the i( lla; of Representsti vea, in which
when membership' commenced; and referred to the
very aSle repitrt tnade-by M r Job it W Tl) torrof j
new ira, in inai case, .there it was decidod
'"""Vwhipi-wjfar-at Llbl House, wa con
cerned, did not co.n nouce until the geiitlemao had
actually taken hi seat in it.
Mr. D. nexf entered into a refutation of Mr. Ser
geant position, that, there never wa any interreg.
vmm in um iiouwi in iti'urcwniAilvj. buX Ihsl II
I waa a nrm.l'..l rrfv.
this he denied. Que of
had ever '
j the Iwolsjse waTlfiat "in? Soil'
uale waa'a oerbel.
oal brslv. hot that tK. I !:..
Ihe expiration ol Ihe term for which it member
were' elected and that at evory .Congrese. there
it'iuwa fw, nepn-iemaiive. lie no mora
believed in the unbroken succession of the Ilouae
ofRepreentaiivc, than he did in the uobmken
succeAm of the tine of the Pope from St. Peter
down to this time. .... . ., .,. .
Mr. IK said he had shown before, that the were
. ii . rn -
not to lonk lo the body of the representative of a
Slate at the representation of th Slate itself, but
to look at it, under the Cnnwitutinn. a lha rem.
-r.in.iun m i.i peowe n mat state. Gentlemen
earned lo have great fear ahnjt going into con
flict with tha law of a Slat r but. aairf Me. II.
f . I i . '
there are decision of this House, which. fin,l.n
State laws standing in the wav of the Cmuiiii.tin
have et thorn aside : and this is n.ii mhh inin
I ' "'"'w' " wnivj, fi, iiaorviy raH8
tsg Want by, b:;:m!-g they i'.i Bit CSSrjralaTSo
ui who tne law ol that fciiate, but merely pas.
Constitution. Mr-1 qttotc-i the case of Mr. B-if-ney
of Mar) land, whose scat wascmitestcd, to show
that the House set aside a law of the State of Ma-
rvbnd, requiring a qualilicatiuq to residence,
which was not required by Hie Constitution, that
ioaltiiiiiAnl rninrilt(T nit
i . . ... . i ..I. . - e i u 1.-
elected, an inhabitant of the Htulo, from which he is '
rhisjcn." Hut gentlemen would psrsaiv tli alwir,
dity to which they wouid be drivan, by contending
that the enact menu ol a atate are Dinning on me
House of Representatives, a tc the election and
return of it members. If, a 'he gentlemen a iy,
these certificate and seals are conclusive a to the
right of those presenting them, how could the House
judge of such elections and returns, a if is solely
empowered to do by the Constitution! If lliis doc
trine of ihe gentleman from Pennsylvania i in ac
enrdanee with what he conceive lo be Iho Slate'
Right doc'rine. it was a specie of nullification,
he apprehended, that hi Slate Right friend
would not go for. The Nullification party, a he
understood, (at ihe same lime appealing le Mr.
Pickens,) interpied the estate ovcreigniy io ar
reit an uncoostitutimml law s but. I his nullifying tho
Constitution of the United Stole by a Stte enact-
ment, a the gentletnao from Pennsylvania wikjII
now have it, waa going further tharigiuiw Nllifier
he ever heard of wa disposed to go. ;Tbti much
ai'fo rfierigbti of ftir Smtear He flatterw bt
self that all the State' Right geullemeo were bow
with him. --
But gentlemen asserted that some person miwt
lake their seals as member from the Slate of N w
Jersey before ihe House can decide the mailer.
" I shiHild like (said Mr.lt.) lot gentlemen to snow
me their authority for this I should like to know
when it was decided that a member must lake hi
seat before it can be decided whether he ia entitled '
toil," Mr D. here referred to the decision io the
case of Mr. Edwards from Maryland, to show the
error of this position ( and also, for the same pur
pose, referred to the case of Mr John Richard,
'a member from ihe 8tate of Penney I'., in which
case the Governor of that State acted with much
more delicacy and moderation than the Governor
of New Jersey ; for he gave Ihe commission lo
neither of ihe contending pa .lies, but left the con
troversy lo be decided by the House. Now in this
New-Jersey case, tlie refusal of the Governor to
give hia certificate would not, io the least, have
prejudiced the claim of those gentlemen to whom
he did give"ThemT tot they would Mill haw had
the same rigbta which they now possessed, and on
which only the liaise wa competent to decide.-
election cose) said Mr. U., ia full of case in which
he II.mim hss rnooled lha votes, either where the -
authorities of the State refused to count them, or
where they were returned too late to be counted
under Ihe State Laws., lie would not undertake
here to define what wa meaut br the phrase " pri
ma licit evidence but be. wa grossly deceived
if it meant anything more than first blush evi
dene , and became good only in the abeence of tes
timony x1d' eontroyert "it Yoa cannot, then, said -
he, where there i clear, trong, and impartial le.
timony staring yog in Ihe face, impeaching this
prima aeie evidence, conclude that you will not
give it a hearing, without violating every principle
United State. --.
xainnra lino an win reiuros in ns meuiuers, uotn
primary and ultimate, Mr. D. would merely aay,
that if the certificate of the Secretary of State are
not evidence in tbi case, it wa twice decided ia
the liaise, in the case of Spalding and Mead, that
they were ; and further, that this was Ihe first time
that Ibe certificate and seal of an oflico of record
wa not considered good .evidence with regard to
llie'record in that office. ' He had briefly' touched
on the points Invulved in th case, for the purpose
of showing that the Houer ought not to resolve
with this inconsiderate, be would not say indecent,
haste, thai Ihey would not look into the important '
testimony impeuching these certificate;" but ought-
io maao up it dwiaion after .a. lull knowledge of.
an me vioence belonging lo tne case. He, Mr.
I)., wa for going regularly into an examination of
Llhia case, andlur uoimyforrf-trttt JranoHit1'Viini!
.- . i. n n
lie wa for permitting both parties to be beard on
their wiaLy-Bebeving thtto be the cnorae Teuir
not, even f tve tftought these five New Jersey gen.
iramen naa me ngnt to the returns, vote for the
proposition of hi colleague; for it would not be
right nor jusi to prejudge the case before ascertain
ing all the facta connected , with it.. He hoped
therelore, that it would be the pleasure of Ihe House
lo have the whole case fairly brought before ihem,
and' then, after hearing both parties, discuss i
!"!. Jl"i d!bra!e
full understanding of it merit. Mr. D. said that
he wa for going into an lamination of this que v
s a a. i -a. j .. ! " .
itu uinajgn toe medium oi a committee, both for
the sake of convenience, and for tha sake of bring,
ing all the evidence more clearly within the view
of lha members of that body. Thia would be in
conformity with the precedent established in the
case of Moore and Letcher, where it waa solemnly
.1... j- ... -
uoiercv. uiai, penumg ine controversy, neither par
ty ahould be permitted to qualify. He believed
lliere wa not a aingle excepiraa in cases decided
in either branch of Congress, where Trenlleaeo .
presenting themselves, snd whose credentials were
objected to, io which the matter was not referred
lo a committee, who reported before there waa any
further action upon it. The book wa full of auch
case, and gentlemen, with all their ingenuity, could
not find a single-case in which 4-comrary course -wa
taken. He found case here the Governor
f,f"',,nad commissioned membersl and f here
with their credentials to a committee. Where no"
questioBT with Tegfd Id f fte i credentiar waVraised,""
the memlier presenting them wasalwaya permitted
to qualify of course; but .whenever tlie question -was
raised lothe validity of their commission, they
were not auflered to qualify until it was- decided .
thai they were entitled to their seat. Mr. D., in
this part of hia argument, read the case -of Me.
LitndiHl, In the Sooale of Ihe lulled Sia.e .
narcn, lBjo.by which it appeared that Mr. L'.
credential having bero objecied lo, he was not tier-
I mm, -. ....
1 milled tnrnmriifr.' but tha- m
- - -ZT-"-"-u iq a
. Mr W.Mr What werejho obiectiona In Mr-
Lauduu a crwdentialsT '
Mr. DuOHGootm Not that ihev were ir,mr
-root that they were not sivned bv tha
J MSL1B -.
accompanied by the broad seal of a sovereign Slate
wil tnat the tjoveroor had no right lo give them.
Ia the casa nf Mr. Landon. thera . .
n snouio ne permitted to lake the onth, and it
wa rejected, and hia credential were refrrred t0
a committee. There wa. also, a. long f pn.
cedent to the same purp.rt. which bo would not
take up the time of the Ilouae by reading,, ,,,,
he would cite one of the ease, to iho thar, where'
the objection wa raised aa to the credontiik the
House went into an examination of them ihrough
the agency era committee. fr. D. here read .
fhl!lmto.rLff0 ,b" rf 0i'. i which
.k I.. .i . r-wwiKiq
vtltert, .io objecttaa. were raised to tKroST
; y " "' ' ''- ' ','
, tlio incmlicr a rmtttcti lu ijiuliiy ; fcul j., t
'.caao in which objection had beirn made to
they were not permitted lo lake their seats tilt ,'
uf their credentials was decided on. ;
If the doctrines for
I . . .1 II ....... . i. ii . .
it i vm m bhtii in iiiin iiiiiintT. miiiiimii r r u . i
eteike a fatal Uwl lb fii4im-tf. Kt j V
the purity of a representative Governmein ! li
this elective franchise,, Mr. U. said, and the heli r
of the people that they may, through it. of.i..
carry out the Democratic principle, and do wK !
they ennnot do but in their primary assemblies, im
is ine surest aaieguara in our uia-rties. U k .
Mr. D., if you establish the principle 'that ihe.
dentials given by the Slate authorities, no nun-
1 C I. i. I ' . t
now irauiiuieoi no rnaiicr now mucn at variance
wiih the will of the people of ihe State, a expro,
in the election, shall outweigh the popular voice
you strike a stb al the existence of the ck-ctivj'
franchise, and destroy every principle thai oiiiltt
Democracy both lovely and practicable.
Mr. D. in conclusion, denied that excludin.it,.
New Jersey member till their credeniiala wen ..
quired into, would be disfranchising lh.it Slate, If
her roembera presented themselves with rredeq.
lials, which there wa good reason to doubt lbs n
lidity 1f,lr wai bbt m'wfoTtuneiTtnlf the faulf of be,'
aul TioiTlieiXtRirtliO I l.iuatT Wai ficvurfiicles buiinrf
lo exercise the power vested in it by the Coraiii,, '
lion, ami In examine into all Ihe evidence corn
... .t 1 , - i S-C
tea wiiu uiem. it you aecme, saiq mr. I)., tbt we
must, tx nrceuilate ret, permit these gentlemen lo
take their seal here, and, through their agency
law may be passed delrimental to the rest of ibe
Union, and then afterwards, upon an investigation''
decide that they are not entitled to iheir Kail
ask, aid he, bow you are to repair the injury
n(1icted. He aaked if it would not be the anru(.
wiaaom, a wen a 01 sareiy, io ret these gentlemen
wait until, after a fair, calm, and impartial xar.
nation, the House could decide upon their claim,
lie; indulged the hope thnt, if the House wax di
posed to do justice lo New Jersey, a well a to ihe
rest of the Union, they woulJ not decide upoa ih
matter wiih auch ioconsidetate haste as lo over.
look the important testimony before them.
The debate waa continued on thia and sewnl
collateral question until the House adjourned, viik.
nut any dehmte action ; in Ihe course of which Nr.
Hogg, of Mass., "Asserted that there was not b
be found, within Ihe lost fifty years, a single cue,
either in ilia Congress of the United States or ia
the Mate JLegialature, where a member, regular!?
WuT1gobByiu"lit litul 1 BBiirwtfilg
seat in the firs instance,." --. ,
Mr. Davi of Pennsylvania rose and stated, tint
at the last session of the Pennsylvania Legislature,
two gentlemen from the eighth Senatorial dm rid
nf Pennsylvania, had presented their credential
the Senate of t hat State, made out in .irsoaaet J.
ihe law of the State, yet they were oot permit
lo take theii seats, and iheir opponents, who kai
no credehtial at all, had the aeata given lo then.
nr. itivB ot va. also reierred to case Ta ia
Virginia legislature, where the person kuUis
the certificate were not permitted to take the
Mr. Barnard got the floor and ihe llo. adi.mt
- 'IaltteSs4Mte,o the 18tnr Ut, UmA TAmms
fitroducad a at f Ro1mions1n regard ta-ttW
Lupate.u ut un. uuTBTTiniein oi me irrnmns
Oregon, which we may notice hereafter. lata
House. Ihe debate waa continued oo Mr. WsA
motii'in lliat the New Jersey member be wa sans.
at. 'IV. .1... a .-,,!,;.. n,
,jr io iiaiing um noor, yieiueu p in , nr. Mrs-
nf, of North Carolina, who went into a 'irsssa
of the merit of the New Jersey eontejt, is viea
h" id, bs i SMItfirai jnttvptilfba n
from New Jertey taking iheir seat, a they beta
Ihe Governor' certificaie, but at the Hdu M
once rejected their claims, they had do right to de
mand to be a worn, unless by a vote of the House;
and he was against making a decision oo the tas
until it was examined into and reported upon be i
commmiltee, dec dec ,
Mr. rbompsmf of S. C, then rose and adresei
I tha lloua in m l ..i. : ,i.. , r.k
' li'im--x,.r-"'-T--,':-i,-r,-iii Tt;
i ,,w .. i'. -. m 'iikj . vci u
and unkind renections oa tk
I course of Mr. Shepard in Conerea. wheo:.
Mr. SHEPaiD again rowi and said, that be U
taiuve for the laal two ywrayaod iu bignsi
that floor he bad endeavored to be actuated B
what he believed to be hia duty lo himself and ta
peojile he represented. He knew that, on nmsi
occasions, he had taken a course unpalatable
ome gentlemen, and they had showo their Is?
probation of that course by various oireunutocs
anuV mean. II. would, however, now mj k
-them, that ho -was not respiaisible to thenii tr a
any body else, except the people who.aent ba
there, and the country at large i and he hoped tk
in Ihe discharge' ol hi duty in Ihst House, k
a far from fear a any other' meiuber oo th
He would neither yield to flattery on lb on
nor m bullying on the other. When he ra)i
few 'momenta ago, he did nt rise to uiata a
apology to any body ,' but be rose to out hi
right before hi constituent and lha county
large, because he knew that ihe party ergo
wmcn were apread throughout lheeountry.ee"
alwa a disposed to hold un a mil.lie man to cdie
The pepple do not understand the rule of ordet
this House ; and when gentlemen act differ?
from lha views f partisan, it i easy tat lb
he miarepreaeuted. And notwithstanding lb
mark of the gentleman from South Caroline, k
ne oeiieved that every person, untrammelics-"
party-preruJice-would .Wjsify; hia.eoiUav'-'
would wow briefly etste wtmt be bad said- lit
said, that when w firal met in miHoM,b
lieved that thee member from New Jersey
had the Governor' certificate were entitle
take their seats and parlicioate in the elcciioa1
Speaker but he stated furber,hat be bad mf
suspicion that Ibeae meo had come bora ibK
a fraud. The gentleman from Souih Ct
niirtaerT had atrong suapmiow lhal liny baa P
here through fraud, if he had not mu-inder
him on another occasion.' 'II thought in the v
piaQfl luat laea iud tbavrigbt aeueul i,
election of a Sneaker, - 'I hev however were
pnved ol that right by the House, and ibey a1"1,"
vme lur a sjw-aker. Then, so far a Ibe
wa CtMiceraed. ii waa'violAle.l hv nnilnbilinf lb
from voting in the election of a Speaker j
my naa at any time a right to participate t "
organiation of the House, that right bat
iramnlcd unoo. and it wmm mum ilirever.
after all this was done, wa it nrtt the pff
course, ad a peaker had been elected who !
immediatnly appoint committees, lo tol th w"'
nAlter be brauirl.l un lurM muninittee. ai
examined, and nmnrl LeuU.1 1 f mi week.1'
argument was, that we mast give faith and tb
lo the certifiiraie. because Ihe House wr eU
ginned, because there wa no Speaker, no c
mittee lo examine, and collate fact.,
Iho case is difli-rent. You have boeo elected
tho gonlleman and his friends, becaus oyeu'l'
f-ice and ImpantiitiryTdrianmtrietsteif 1
poinl a committee to in vest ia to the wbole u-1