1 i 1 i.iiiin i i ..iini" " " 11 -'l .- ,. - .'.""",T. 1 -; " ' ; ! ! - -: fc-i V, in T innirfflm ; 1 i ; 1 1 CONGRESSIONAL SPARRING. y j Having alluded in our last to the personal conversation between Messrs. Staxit and Brum, on the floor of the Housed we take the following account of it from the Pjroceedings of , Congress, as reported for . the National Intelligencer : v.; ' i "FaiDAT, JiirtrAftT, 3. Innnediately after the reading of the Jour- Ural Mr, Jenifer rose and said : I ask the minlgmce of the House vfhiUt lcall their attention for a few momenta in relation to a matter which personally concerns myself. I do not rise to ask a correction of the Jour j nals, but for the purpose of pointing their at ! tention to a report of the proceedings which took place on Tuesday last. In the Globe of Tuesday evening, which purports to give a sketch of the debate upon the resolution of the gemfeimn from Pennsylvania, (Mr. Ser jeant,) lo alter the 20th rule of the House to allow further time for the daily presenta tion; of petitions," I find the following re marks? . "Mr. Bynum appealed lo Mr. 3 arla.nd, to "withdraw the motion for the previous ques tion, a he bad been attacked by three gen ftemen on the opposite side, and had , Been , grossly misrepresented, and he only . wished to say a few words in reply to those gentlemen, (Messrs Johnson, of Maryland! Jenifer, and Stanly.) He should think it hartf ff he were not granted Itliis privilege., j Mr; Garland said he would not withdraw 'his motion for the previous question, which cut1 off further remarks; on the subject. . Mr4 Bynum then said that it was the usu al practice of that party, after having, two or three bullies to attack ja gentleman and do him injustice, to refuse to let him reply to uch attacks." The1 distance of my seat from the member tfronV North Carolina, and the usual want of order in the Hall, prevented me from dis ! tinctlyj hearing, what was said upon that oc casion Three days have elapsed since the remarks appeared in the Globe, and, as far . aa 1 have seen, without correction. I am left to infer that they were either expressed on this floor or authorized to be reported. Had 1 heard them, T do not know that I should have noticed them, well knowing that Ihey Would be properly "appreciated by gen-' tlemen. here.: But, as they have been pub lished ijoJhe cotumns.of the Globe, and sent through the country it may be expected that some response should be given. I wish it to be distinctly understood that I do not rise to complain; that I do not feel aggrieved ; that I take no offence at whatev er maV have1, been said, or reported to have been said, coming from that quarter. Still, a regard for the kind opinion of friends, and respect for myself, which I hope ever to retain, requires that I should "define my ' position" in relation to the member .from North Carolina, i Since the 7th day of June, 1836, (a day which the member, no doubt, well remem bers,) I have purposely avoided noticing any thing he might say, or in any manner com ing in contact with him, well knowing that no laurels were to be gained, when even victory would be a disgrace. Under these circumstancs, my friends need feel no appre hension on my account. But, to prevent .misunderstanding, and to do justice to my self 1 desire it to be also understood that, if Upon any occasion I have, or hereafter may, . wound the feelings of any gentleman, I shall always hold myself bound to make an hon- orable atonement, or meet him in an honor- able way. But he must be a gentleman worthy the notice of an honorable man. !. Mr. Keim here rose, and was addressing the Chair, whenr- Is - Mr Byjctjm said he hoped the gentleman from Pennsylvania would give way for ;a moment. He said1 he had not distinctly heard the gentleman, from Maryland (Mr. . - Jenifer) in the remarks he had made in ref erence to himself. As to the language re ported in the Globe, it was his language, or substantially so; and he was responsible for it, both in:. the House and out of, it. hen using it, he had felt himself illiberally dealt with by the gentleman from Louisiana (Mr. Garland,) by the gentleman from Maryland, (Mr. Cost Johnson,),- by the honorable geii tleman from New York, (Mr. Hoffman,) and by the gentleman from North Carolina, (Mr. Stanly?) He had not looked upon the character of the debate j as absolutely and personally insulting. He did not, indeed, t know at the time whether it was the inten tion of either of the gentlemen to act toward . him in: that way, but they had certainly : grossly misrepresnted him. - Let him say to the gentlemen from Mary land (Mr, Jenifer) that, ever since the mem orable 7thi of June, 1836, his conduct toward that gentleman jhad been the same as that of ( the gentlemanJtoward himself; he had never ' volunteered, either in the House or out of it, to disturb or interfere with that gentleman. There were others in the House with "whom he found himself on the same terms. He j considered it as the duty of a gentleman, when he had had a difficulty with another, and that difficulty had been settled, not to be forward to reopen the door for another diffi . culty unless he was disposed to act the par. -s of a bully. 4 He had always" abstained from any interference with that eeiuleman, and had been chide'd for it by a member on that floor ; iut he had conceived it, his duty as a fentlemau to avoid further intercourse ; and, therefore, when the gentleman from Mary land had indulged in remarks, however keen and cutting, he had not noticed them, on the ground of the subsisting relations between the gentleman, and himself ?not that he deemed inch remarks unworthy of notice. And he ' appealed to every gentleman here present, i whether such was not held to be the proper course for one in those circumstances. And, in confirmation: - that he was correct in this, the gentleman, had here avowed it to have beetrJiis own course towards Mr. B. But, ijhetitlier day, that gentleman had got up and possly misrepresented him and his motives. The remarks indeed, were not directly, in nUing, botrather so. It was (said Mr7 B.) what I had not1expected, but still I find no fault with it; and if, according to the usual s courtesy of the House, I had been permitted .o answer, l should have done it Icouceiv- i ed ryself to have been reohed to in a strain of iliiberality; and when thje debate was con- cluueu when ouiues or nnampions iu uo bateit is pretty much same thing I used the two terms in the panic sense had concluded their attack, I jrpuld have vindi cated my coprse, and shown the gentleman from Maryland that he haul misunderstood or had misrepresented me. My opinion rather was, that they had misunderstood me. As to the gentleman (Mr. jjmifer) 1 did not know that he.was in the House at'the time in my remarks I had nt him in my eye. I cannot tell what he means to insinuate jn referring to a certain day i in June ; but if he means to insinuate that I lost a particle of honor or that occasion, ie says now what he did not say then he in donates here what he did not on tlitf ground, j We both shook hands, and he did not say hat the affair had been settled o my discredit ; if he says oth erwise, I should like him 6 speak out. If we are to hive another Outbreak, and the gentleman is desirous of jit it is not a matter for m? to spsak of Here. I am sorry it has been thought of sufficient importance to occupy the time and attention of the House these are private matters. If the gentle man had called upon me, l; would have ex plained to him my meapirt j: and if he had beon aggrieved by the use (if the word 'bull y,i I would have told him thpt by that term I meant a political champiorf.t But if that gen tleman undertakes lo be mif lecturer in this House, we cannot both stiy here nor long in this' world. I have no more to sjay. After Mr. Bvnom finished his remarks i- Mr. Stanly said, as he "had been person ally referred to, he hoped he might have the privilege of saying a few vprds. And what I say, Mr. Speaker, will jjdepend upon the answer I receive to a question I shall ask the member who has jnst 'taken his sear. i I would ask him, sir, civilt, and I hope he wilj have no objection to giving a civil an swer, whether he intended; to use the word 44 bully' in an offensive sense, oi? merely, as he said, as champion irj debate." 1 did noldistinctly understand liijn up m this point. Mr. Bynum said he had already explain ed what he meant, and had no objection to giving a civil answer to a .civil question And he said he should not repeat what he had stated, and that he never considered his col league a bully in any way.J Mr. Staniy proceeded, j Mr. Speaker, in what I am about to say, I shall refrain from using any indecorous language. Self-respect, and respect for the House,; will prevent my doing so. -When I came here, sir, a little more than two years ago, I brought with me the determination to be civil and courteous to, every member of the House. I resolved never to be guilty of using offensive language, unless provoked. I have acted up to this re solve. Although I came determined to cul tivate social relations with all gentlemen, I soon perceived the necessity of avoiding all intercourse with the individual who has just taken his seat Never before, Mr. Speaker, have 1 -met a North Carolinian from home that I did not feel my heart yearrt towards him as to a brother. No matter if we had been foes at home abroad I could not look upon him as an enemy. But, sir, shortly after my arrival here, I warded my colleagues not to introduce me to tlvjs individual. I have never looked upon him and thought of my native Stale thaH I did not feel ashamed. The Speaker here interposed, and said he had permitted the gentleman from Mary and lo make a statement by the indulgence of the House, but that the debate must not proceed in this way. : Mr. Stanly said: As I have been refer red to, I want to say but a fjw words in rela tion to myself ;1 will relieve the Speaker from any embarrassment, and will endeavor not to transgress the rules. ! I will make but one remark more, sir. At the last session of Congress, I came into collision with that individual, and applied to him, personally, the most, grossly -offensive epithets. He made a direct", unequivocal threat that he would have satisfaction. I Wailed, patiently, to hear froin him but, sir, I have never heard a word from him: sin'e that day. If, therefore, sir, I had heard tfje remarks which he says he made, I could not and should not have taken the least notice ipf him. The Speaker again interfered 3 Air. Stanly said, Mr. Sfieaker, I shall not condescend to tlue use of offensive language : I will only repeat, that, afie my remarks of he last session being unanswered, Iannol notice any thingjfrom that quarter. 1 have said this much t lat my conduct may bp un derstood. ' f; After Mr. St nly sat diwn, Mr. Bynum said Bah ! II Mr. Stanly said to Mr.! I Bynum that he was a beggar for his life andSfor what of char acter he had left. Mr. Bynum made some reply, the terms of which were not heard distinctly by the re porter, j; " Thisrunpleasant conversation here ended. , MESSRS. CLAY AND CALHOUN. In Senatk. Friiiat, January 3. AgfreaWy te notice given oq Tuesday last, M -rf J -. . v.. v u a will I CUU trie public lands to the States in .which they are res- jit-tiiveiy snuauni. i i.e did wasiieaU hy its title, a Hid uu Miuuuu oi air. kj. , roiemu to uue Committee on ruuitc jjaiidd: . . Soon after, Mr. Clat (of Ky.y having given n ticeof his intention to right bill, stated that lie renre tect: tht Kp ,ii;. ed by imposition rhjs moriiihg.arnl revenlt-d from being rosen,l when he bill was intr.Iuced by the 9enator from South (pnroliua (Mr. Talboun) tor ce ding the public laudato certain States within which they are situated. He had wished lo suggest some other reference of it than to thi Committee on the Public Lands ; but, Unless some Senator would move a reconsideration of the order of reference to that committee, he could riot offer the Suggestion which he wished to make. I Mr. Southard moved the reeopsideratijn, and Mr. Calhoun objecting to it without some satisfactory reason.; .. j Mr. Clay went on to observe that, as the commit tee was constituted, four of its "five members were froiri the new States. He meant to offer no disrespect to them ; but he must say that IhisWas a measure which, disguised as it may be, ?nd colorable as u provisions were, was, in effect, a oualion of upwards oil 00 millions of acres of the common property of all the States of this Union to particular States. He did not think it right that such a measure should be coram tied to the hands of Senators exclusively rep- lie thought that a committee ouht to lie constUuted iii which tho old State should - . . f . . - ti;n!.li Aiiiii have a luller ami wirer rtpisemauon. w preserve, whatever wc may do, the deenruin of legis lation, and not vwiaie iae uecencies oi jusucc. WhiUt up, Mr. Clay would be glad if any Senator would inform him wbHhcr the Administradoa "8 lo favor of or against this measure, or stands WOiwi and uncomtnitteJ. I rus inqwry no snouiu nuin.-r. if the recent relations between the Senator whe iniToV duced this bill and the head of , that AdramKratW continued to exist ; lut rumors, of which tbe Vij circles, and the press arc full, assert that thosa tiff. Uons are entirely changed, end hawe wilia a jfrw days, been substituted by ot'.sers of aoJhlimalli fi-i0nct-ly. afid confidential nature. And shortly after the time wlJrn this new state of things is alleged to have taken place, the Senator gave notice of hi intention to move to introduce this bill. Whetherlhis motion has or has not any connexion with that adjustment of formor diiferences, the Public would, he had no doubt, bo glad to know. At all event it is impor tant to know in what relation of 'support, opposition, or neutrality, the Administration actuilly stands to this momentous measure j and he (Mr. C.) supposed that the Senator from South Carolina, could commu nicate the desired information. ' ; . Mr. Calhoun said he had supposed that no man had as much occasion for delicacy in referring to political compromises a the Senator from Kentucky. That Senator had referred to some traduction in the politi cal course of. Mr. C. which occurred some twelve or thirteen years ago, and had alluded to certain passages in which Mr. C. was accused of, changing his politi cal relations. But that Senator knew that it was oth ers w ho. had changed their relations to political sub jects and political measures rather than Mr. C, who had followed less in regard to those subjects and mea sures than he was followed. The Senator was accus tomed to have his example followed by others liu i Mr. C. had not usually followed it. and especially would he not follow it now. But Mr. C personal relations must of course follow hi political relations. The Senator, had now got the whole story, and .Mr. C. trusted it would be satisfactory in regard to the rumvrs to which he had alluded. Mr C. found it impossible to move without giving occasion to accusations of changing hisgrounds If he was against the Chief Magistrate, he was charged with changing his opinions. If he was in favor of him he wathen accused of changing his political rc la ions. But he had not changed at all ; he stood now where he had always stood, and that was on the unchangeable purpose to tiring back the Government to its original simplicity and economy. He, with oth ers, bad succeeded in expunging the whole of tnc Se nator's American System, and other extravaganCes.so as to give the Government a chance of taking a fresh start. And it gave Mr. C. pleasure to sa ', that :he best part of the measures of tbe present Chief Magis trate were approved by Mr. C, and Mr. (J. was hap py of the opportunity to make these declarations', and he would stand to them. Nothing should - prevent Mr C- from supporting a man while he wai politicalr ly right. The Senator from Kentucky haJ gin the Government a wrong direction. Mr. C. bad resisted the proceeding, and he should continue to do so, stand ing on the ground occupied by Mr Jefferson and others of his class. Mr. CtAT said he had understood the Senator as felicitating himself on the opportunity which had been now afforded him by Mr. (J. of defining once more his political position ; and Mr. C. must s iy that he had now defined it very clearly, and had-apparently given it a new definition. The Senator now declared that all the leading measures of the present Administration had met his approbation and should receive his sup port. It turned out, then, that the rumor to which Mr. C. had alluded was true, and that the Senator from South Carolina might be hereafter regarded as a supporter of this Administration, since he had declar ed that all its leading measures were approved by him, and should have his support. As to the allusion which the Senator from South Carolina had made in regard to Mr. C's support of the head of another Administration, (Mr. Adams) it oc casioned Mr. C. no pain whatever. It was an old sto ry, and one which hail long been sunk in b!ivion, except when the Senator and a few others thought proper to bring it up. Hut what were the facts of that easel Mr. C. was then a member of the House of Representatives, to whom three persons hud been re. turned, from whom it was the duty of the House to make a selection for the Presidency. As to one of those three candidates, he was known to be in an tin fortunate condition, in which no one sympathized with him more than did Mr C. Certainly the Sena tor from South Carolina did not. That gentleman was therefore out of the question as a candidate for the Chief Magistracy ; and Mr. C. had consequently the only alterna ivc of the illustrious individual at the Hermitage, or of the man who was now distinguished in the House of Representatives, and who had held so many public places with honor to himie'f, and ben efit lo the country. And if there was any truth in history, the choice which Mr. C then made was pre cisely the choice which the Senator from South Car olina had urgod upon his friends. The Scnaior him self bad declared his preference of Adams to Jackson. Mr. C made the same choice ; and experience had approved it from that day to this, and would to ctenity. History would ratify and approve it. Let the Sena tor from South Carol. na make any thing out of that part of Mr. C's public career if he could. Mr. C. de fied him. The Senator had alluded to Mr. C. as tho advocate of compromise Certainly he was This Govern ment itself, to a great extent, was founded and rested on compromise. And lo the particular compromise to which allusion had been made, Mr. C. thought no man ought to I e more grateful for it than the Sena tor from South-Carolina. But for that compromise, Mr. C. was not at all c nifulent that he would have now had the honor to meet that Senator face to face in this National Capitol. The Senator had said that his own posi ion W4s that of State righ s. Hut what was the character of this bill? It was a bill to strip seventeen of the States of their rightful inheritance ; to sell it all f.ir a mess of pottage ; to surrender it for a trifle a mere nominal sum. The bill was, in effect, an attempt to strip and rob seventeen States of this Union of their property, and assign it over to some eighl or nine of the States. If this was what the Senator called via dicatinghe tighls of the States, Mr. C. prayed tiod to deliver us from all such lights and ail such adv cates. Mr. Caiiioux said the Senator from Kentucky cn- Hirely mistook the character of ihe bill Ii was ?not only a State rights measure, but was indispensable to the peace and prosperity of the States, as the only measure that would well effect the object in view. Having used the word compromise, Mr. C. felt bound to refer the Senator to that particular compro mise4 and the Senator had said in reply, that if any one should be thankful lo him for that compromise Mr. Clay. Not to m.?. Mr. Caihoox. The Senator always claimed to be the author of that measure, and I am not in the smallest degree thankful to him for it. I knew he could not avoid it. I was his master on that occasion, and I forced it upon him. I wrote heme at that time half a dozen letters, saying that the Senator would be obliged to accodo to a compromise. I will now ex plain all that. The effect of nullification is this: that when a Stale interposes, the majority must sometimes yield to the minority. Those who are to have the Smallest share, of the plunder, in the majority, are sure to cet away. In the American system, the constitu ents of the Senator obtained a very small portion. they were rather of those that were plundered. 'At the time when Gen. Jackson occasioned the force ;bill, the Senator from Kentucky bad lost-the manu facturers ; Gen Jackson had supplanted him ; and a jSenator, not bow present, was also in the way of su perseding him in that interest. The Senator from Kentucky was therefore flat on his back, and nothing would; answer his own purpose but the compromise. It was. with him either compromise or annihilation. It was necessary that either he or the American sys tem should fall. It 'was not my desire to mention these things, but the Senator went out of his way to touch on kindred subjects, and I therefore felt'rayself compelled to make these statements. I have alluded to my letters. on that occasion: and I predicted in resenting the donees lem, on the third day of the session, that tbia ues on would terminate as it did. . Sir, I will go further. -1 vielded a good deal in iat compromise. It was roy. first proposition, that should go out in 1840, proceeding ortton for everv year of filieen per cenu v further. iW nt the session before we nullined in outh-Caro1ina, I and others said that the questton iiust be settled. It was saven years whipH I then axed on for its termination, and it would nave neen carried in lhataime, but for cerUin circumstances.--In resanl to all. I vielJed : my colleague (Mr. Preston) lLrtows why I did it. but I do not choose to state it here. And I shouIJ now nave said noiumg .' subject, if the Senator had been silent himself. But he has no gratitude on my part ; and South-Carolina owes him no gratitude, He acted under the neces sity of the case. I. backed by the gallant State which I represent, compelled the Senator to break down the system at one decisive blow; and it is my opinion that it will bring back the Government to its original principle. Mr. Clat. I am sorry to be obliged to prolong this discussion ;, but I made no allusion to compro mises till it was done by the Senator hlusilf. I made no reference to the event of 1825, tilt he had made it ; and I did not, in the most distant manner, allude to nullification : and it is extraordinary that the Sen ator himself should have introduced it, especially at a moment when he is uniting with ihe authors of the force bill, aud of those measures which put down nul lification. iThe Senator says I veas flat on my back, and that he was my master. Sir, I would not own him as my slave. He my master ! and I compelled by him ! And, as if it were impossible to go far enough in one paragraph, he refers to certain Miters of his own to prove that I was Cat on my batik ! and, that I was not only flat on my back, but another Senator and the President had robbed me ! I was flat on my back, and unable to do any thing but what the Senator from South-Carolina permitted me to do! Sir, what was the case ! I introduced the com promise in spite of the opposition of ihe gentleman who is said to have robbed me of tho manufacturers. It met his uncompromising opposition. That mea sure had. on my part, nothing personal in it. But I saw the condition of the Senator from South-Carolina and his friend. They had reduced South-Carolina by that unwise measure (of nullification) to a state of war ; and I therefore wished to save the effusion of human blood, and especially the blood of our fellow citizens. That was one motive with me and another was a regard for that very interest which the Senator says I Julped to destroy. I saw that this great in terest had so got in the power of the Chief Magistrate, that it was evident that, at the next session of Con gress, the whole protective system would be swept by the boad. I therefore desired to give it at least a le ise of years, and for that purpose, L in concert with, o hers, brought forward that measure, which was ne cessary to save that interest from total annihilation. But to display still further the circumstances in which the Senator is placed, lie siys, from that very Jay ( ihe compromise, all obligations were cancelled that could, on account of it. rest o him, on South Carolina, and on the South. Sir, what right has he to speak :n the name of the whole South'? or even of South Carolina Uself 1 For if history is to be relied npon, if we rrray judge of the future from the past.the time will come when the Senator cannot propose lo be the organ even of the chivalrous aud enlightened people of South Carolina. Sir, I am not one of those who arc looking out for what may Venure" to themselves. My courso is near ly run; it is so by nature, and so in the progress of political events. I have nothing to ask of the Senator, of the South, nor of South Carolina, nor yet of the country at large. But 1 will go, when 1 do go, or when I choose to go. into retirement, with the undy ing conviction that, for a quarter of a century, I have endeavored to serve and to save the country, faithful ly and honorably, without a view to my own interest or my own aggrandizement; and of that delightful conviction and. consciousness no human being, nor all mankind can ever deprive me. MR, RAYNER'S SPEECH. HOUSE OF REPRESENTATIVES. Wishijotos, Dec. 18. The pending question being on a resolution that the commissioned members from the State of New Jersey are not entitled to be sv om as members of the House : Mr. Ratxeb said he had not intended to have taken any part in this debate. Having but lately taken his seat upon that floor, he had hoped that nothing would have transpired to change the resolution which hi had formed that of being a listener instead of a talker in this controversy. I am well aware (said Mr. R.) that this is no place,-neither is this any time for apologies, We all meet here with equal privileges and under equal responsibilities, and one has as much right to ex press his views here as another. But being a new member here, and-in the presence of what ought to, be the congregated wisdom of the nation; and feeling that diffidence which must necessarily result from such a position, I .will claim it as one of my rights on this floor, to offer an apology for the remarks which I de sign to make ; and that apology is, that if I say noth ing which may be worth the attention of this House, I shall only be following the example which has been set me by several others. For, m the scope of this de bate, the discussion has not been confined to those on ly, who have approached it with calmness and discre tion ; but in the political battle which has been fight ing here for the last two -weeks, soldiers of every grade hive entered the lists, from the hardened veteran to the raw recruit from those who have wielded the sword and the battle-axe, to those who have contended with bulrushes and straws. And besides, the great principle at stake in this matter, and the important consequences likely to grow out ot its decision, admon ish every one who feels an interest in it, to speak out fully, freely, and frankly in regard to it. And when it is home in mind, that the rights and privileges of a sovereign State are involved in the decision of this question, I insist that it behooves every State to speak out through a portion of her representation on this floor, and to enter her protest against the attempt which is making to disfranchise New Jersey. Sir, disguise this matter as you may, distort it as you please, still the real question is, whether the Constitu tion and the laws, or violence and brute force, are here after to prevail in the organization of this House and the legislation of this country. What sort of a specta cle do we exhibit to the people of this country 1 For better than two weeks have we been here, unorganized, in disorder and confusion, and the majesty of this Hall violated by the presence of men who have no more right to a seat on this floor than had the fish-women of Paris in the National Assembly during the excesses of the French Revolution. Sir, the eyes of an anxious, an excited, and an indignant People are upon us ; an awful responsibility rests somewhere, and I wish it to rest where it properly belongs. I do not hold the Clerk responsible, but those who advised him. I do not attach to his course that importance which his been assumed in this debate. He is nothing more han a ministerial officer, and his dicta are only binding so far as they reflect, and are in accordance with, the views of a majority here. What he says, or what he does, is authoritative so far only as it meets with the sanc tion, either express orgimplied, of the body, whose offi cer he is. He canriSt make or unmake members of Congress, by his willingness to call the names of some, or his refusal to call the names of others. And altho' we cannot but be indignant at the dogged obstinacy and party devotion which he has evinced, still I think .entirely too much importance has been attributed to his sfOnduct, when it is recollected that he is only the mere insrrument tnrougn which this act of party tyranny is attempted to be perpetrated upon us. Suppose that the Clerk, after calling the name of Mr. Randolph, had proceeded to call the names of the other regularly com missioned members from New Jersey, think you he would not have been interrupted, and objection made to those gentlemen's names being inscribed on the roll? If the Clerk had done his duty, think you that those gentlemen would have been permitted, without objec tion, to vote in the organization of this House 1 and to It will be recollected that the contesting gentlemen from New Jersey marked their names at, ajad occupied seats in the Hall without obtaining permission, during the discussion on this question. i. u v,nirrt hv the4 Constitution, pre paratbry to their taking their seats as members of this! House I suppose, wnen iue w",.rrrr required, to take the course which he did- he had re plied, " Gentlemen, 1 am the officer of the House of Representatives, and not the mere tool of a party; I have taken an oath faithfully to perform my duty ; one portion of that duty is to make out ana cau names of the members elect ori the first day of the as sembling of Congress ; the duty whicn 1 owe my gan try, and the oath I have taken, prevent my compliance with your demand." I say, suppose this had been the manly and noble response of the Clerk, when required to do as he did, think you this scene would have taien place 1 No one who has been anobserver of the party organization wmcn exists nere, we uitmuuu r-j leaders, and the inflexible determination which exists to carry their point at all hazards, can for a moment doubt upon the subject. The course of the Clerk only presented an issue a moment sooner, which would have been presented, even if he h ad performed his du ty as a faithful officer. And as soon as objection had been made, discussion would have ensued, and after discussion, as soon as it had been necessary to test the sense of the members upon any distinct proposition, the same question would have arisen which has given us all this dirr."ulty, viz. who should be entitled to vote? So, no matter what course had been pursued Dy mc Clerk, " to this complexion it would come at last." Whv. reallv. sir. from the debates which have taken place here, one would suppose that all this storm had been raised by the Clerk, and that he had the power to allay it whenever it suited his good: pleasure. If one unacquainted with our Government, and uninterested in our institutions, had heard the pathetic and eloquent appeals which have been made to the Clerk to proceed in his dutv. he would have supposed that the Clerk, from his elevation there, was as omnipotent ia this Hall as Jupiter on Olympus, and that upon his nod hung not only the future existence of this body, but the des tinies offthis nation. No such thing, sir ; it is not the mere call of the Clerk that constitutes the person called an integral portion of this House; but it is the tacit acquiescence of the other members present, in recogni singr as'a fellow-member, him who presents himself clothed with an authority as potent as theirs, which re cognition they are bound in. duty as well as courtesy to give. I have made these remarks for the purpose of pre senting the point which I wish to make that the blame should attach to those who have only used the Clerk as a mere instrument, for the purpose of screening themselves from responsibility. One thing is certain, we shall be arraigned before the great tribunal of public opinion ; and I wish it now to be distinctly understood that it is not the Clerk, but a band of partisans on this floor, who have prevented the organization of this House and kept it in an uproar and excitement for fourteen days. Yes, sir, I call upon this House, and upon the people of this country, to bear witness, that while we-and when I say we, I mean the friends of the Constitutioifand the laws--have been struggling and striving to organize this House, according to the requirements of that Constitution and those laws, we have been thwarted in our every attempt and frustrated in every movement, because we will not agree to de part from that course which is sanctioned by the Con stitution, and hallowed by iimmemorial usage. The fourth section of the first article of the Consti tution declares that " the tunes, places, and manner of holding elections for Senators and Representatives shall be, prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choo sing Senators." Here the Constitution has entrusted the entire regulation of the elections in each State to the Legislatures thereof, until otherwise ordered by Con gress ; and Congress never having passed any law on the subject, the matter rests under the control of the States. , Well, who made that Constitution ? The people of the United States, in their character as States, each State acting and deciding for itself. Thefieople of New Jersey in the adoption of that Constitution, which is a part of their fundamental law, entrusted to their Legislature the enactment of all laws and regula tions touching the elections in that State. In pursu ance of that authority, the Legislature of New Jersey, a body which also emanated from the people, passed a law in 1807, (here Mr. R. read from the law of New Jersey,) which after requiring the clerks of the several counties " to make one list of all the candidates voted for," in their respective counties as Representatives from-that State in the Congress of the United States, " together with the number of votes received for each of them," which' they shall "transmit" " to the Gov ernor" " within seven days thereafter," goes on to de clare, in the fifth section, that " the Governor, or per son administering the Government of this State, shall, within five days after receiving the said list, lay the same before a Privy Council, to be by him summoned for that purpose, and after counting up the whole num her of votes from the several counties for each candi date, the said Governor, 'or person administering the Government, and Privy Council, shall determine" "the six persons who have tho greatest number of votes from the whole St :te for Representatives in the Congress of the United States ; which six persons, the Governor, or person administering the Government, shall forth with commission, under the great seal of the State, to represent this State in the Congress of the United States." Here, then, the People of New Jersey, thro' their Legislature, in pursuance of a right guarantied by the Constitution, have pointed out the mode through which their will is to be known in regard to those who are to represent them on this floor. They cannot all come here, and say to you in person, whom they wish Lto represent them here, but they declare to you, through their organic law, that those who present themselves with the commission of the Governor, certified under the great seal of the State, are they whom they wish to represent their rights, their interests, and their wishes here. This 13 a high and important trust, which they have confided to their Governor, on his own 'responsi bility ; and,- whether he abuses that trust or not, is a question into which we cannot inquire until we are a tribunal competent to decide which we are not, until we are constitutionally organized, and have had the evidence on both sides of the question. And, let it be borne in mind, that the States of this Union, in the adoption of the Federal Constitution which guaran ties to each State the regulations of its own elections have pledged themselves, each to the other, and all to each, that those credentials which each may have declared to be the evidence of its choice, shall be faith fully and implicitly respected by all the others. Well, have the members from New Jersey exhibited such credentials 1 We have heard their commissions read from the Clerk's table; and it is unnecessary to insist that they are in due form as required by law, for that is admitted on all hands. But it is not only in conformity with the Constitu tion and the law that those members having the regu lar certificates should take their seats here, as a matter of right, and assist in the organization of the Houser but it is also in conformity with that established usage, which has, become a law of Parliament, and which has always prevailed from the origin, of the Government down to the present time. It has been the invariable usage, not only in the Congress of the United States, but in the Legislatures of all the States ; and although gentlemen on the other side have been called on again and again to cite a single instance in the history of American legislation where, a different cours; has been pursued, yet no 6uch case has been mentioned. The case mentioned by the honorable gentleman from Vir-' ginia (Mr. Rives) is not a case in point, for there both the claimants held certificates, which were valid ac cording to the law of that State one being signed by the Sheriff, and the other by the deputy Sheriff, where as in the case before us hp one will pretend that Messrs. Dickerson, Vroom, and others have exhibited anv evi dence' of election which is recognized by the laws of ixew Jersey. ine case ot Moore and Letcher has been alluded to, but that furnishes no precedent which i applicable to this case; for it is established, as well by the history of that case, as bv the repeated declara tions of gentlemen during this debate, who are con-. versant with ail the facts connected with it, that the certificate of Moore was defective on its very face, and not in conformity with the law of Kentucky. Moore's certificate was defective by the admission of his friends; the certificates of the gentlemen from New Jersey, Messrs. Aycrigg, Halsted, and others, are made out ac cording to law, by the admission of their enemies. That is just the difference between the two cases. And, what is passing strange, and only to be account ed fdr from the rabid influence of party, some of verv men who are no-wH rnnat. nmmmar,) : i ,. "i I j - 1 in leading.!.- crusade against the rights of New Jersey, (as has u" -i - j an nKwn hv a rateranej' tn thoir nwuh.. i 1 - j r- j men insists that you-could not go behind the return before or zation, but that the certificate of election gave the hl' er a prima faeit title to his seat . The principe ; sound now as it was then. It is a principle "mv,2 ? common with all our ideas of free legislation, we rowed from England, where it has been the law of p0'" liament ever since the rights and privileges oft? House of Commons have been placed beyond thee trol of the Crown ever since that House ha3 be?n depository of the rights and freedom of the citizen The authority read to us the other day by the hono Me gentleman from Pennsylvania (Mr. Biddle) p this matter beyond controversy. I have that author now before me, and, with the permission of the H0 I will read it again, a3 it ought to be conclusive uiyJtj all who acknowledge the force of precedent and 4v I read from Jacobs's Law Dictionary, unlertffe heaii of" Parliament," voL 5, page 79 : " If two or more sets oi electors make each a return of a diflferent member, (which is called a double, p f, tion,) that return only which the returning ofRbcr; whom the sheriff's precept was directed, haspd and sealed, is good, and the member by him return? shall sit Aintil displaced by petition." . In reading further, I find, on the same page, the fol. lowing: " In the year 1640 it was ordered, thai when sonw are returned by the sheriff, or such other officer as hy law hath power to return, and others returned bv no vate hands, in such case those returned by the sheri?" shall sit until the election is quashed by the House." In the case before us the certificate of the SecreUrt of the State of New Jersey, exhibited on behalf of Messrs. Dickerson and othcrs, is, as it were, by private hands he is not known to the law so far as rr;- the issuing of certificates of election ; and his certificaif in the absence of any provision by law, is entitled t,i no more authority than the letter of a private gentleman. But I have another authority, which was pointed out to me by a friend this morning, and which is more eon elusive, if possible, than either of those I have read. I read from Lex ParUamtntaria, page 229 : " If a sheriff shall return one for Knight of the Sluri who was unduly or not at all elected, yet he that is re turned remains a member of;the House till his election be declared void," t Now will any one attempt to evade these authori ties, by . saying that they are English precedents, and therefore not applicable to our country. Sir, I have heard of some pettifoggers who, after hearing cited k the opposite counsel an authority which they could not controvert, attempt to delude an ignorant jury bv tell ing them that it was an authority from England, e country where they had a King, and not applicable t a free country; and that in rendering their verdict thev ought not to recognise its validity. Will any one use that argument here ? I challenge any member on thii floor to rise in his place, and stake his reputation, ei ther for intelligence or candour, by saying that thes? authorities are not binding upon ls because they are English precedents. Will any one do it? No one. will for every one here ought toTcnow, if lie does not, that the parliamentary law of England, whenever ap. plicable to the nature of our Government, has always been recognised by the jurists ,of our country as enti tled to the same respect arid possessing the same au thority as the common law; which was the national in heritance we received from our fatherland, and which, in fact, is the common source of all our free institutions- If, then, the members from New Jersey produce the credentials which the Legislature of their State his provided by law, and if that provision of their Lesrisla ture is in pursuance of a right guarantied by the Con stitution of the United States, ivhy will this House re fuse them a participation in all the rights and privile ges, as well those which are incident to organization as to legislation afterwards 1 jlf it has been the estab lished usage, from the origin jof the Government, to admit to their seats those having the certificates of elec tion required by law, why will Vou now; for the first time, violate this settled principle, and innovate upon a practice which has become the parlimentary law of all free legislation? But, sirj; how have the authorities which have been adduced, and the arguments which have been made, in defence of the Constitution and the laws, been met on this occasion ? Hive they been re ceived and been replied to with courtesy and candour! No, sir. Gentlemen, after having received authorities which they could not controvert, and arguments which they could not answer, have 'attempted to evade them by sneering and ridicule. , They tell us they will not be fettered hy precedent, or trammelled by the form and technicalities of the law. And I, for one, was sor ry to hear that doctrine avowed on this floor. I thint: it .must be the first time that that destructive, jacobini cal principle has been promulgated in this Hall. I was aware that thai doctrine had its advocates among the wretched rabble that infest our Northern cities; hut never did I expecJTto see the day when an American Representative would openly avow it on this floor. The avowal of such a doctrine I consider to be an out rage upon the sanetity of this Hall. Yes, sir, this Hall, which was consecrated to freedom ; which was design ed as an ark to preserve inviolate the Constitution, amid the deluge of political strife which is sweeping over the land ; this Half, which was expressly intended to per petuate the power and majestyjf the law, has been desecrated yes, desecrated bv the avowal of doc trines which, if carried fully out into practice, would not only sap the foundations of our free institutions, but j would, in its levelling career, raze to the ground the fair fabric under whose dome we are now assembled. Yes, I repeat it, and I call upon the American People to beware, that their institutions are in danger, when it is openly declared on this floor that the forms and technicalities of the law are not to be regarded when they interpose an obstacle between a majority here and the attainment of a, favorite object. And this declara tion is the more alarming when it is recollected that it comes ex cathedra ; that it is made by one who ha been pointed out to me as the leader of his party in this House, (Mr. Vanderpoel, of N. Y.;) and who, I must say, has indulged in a strain of denunciation and.slang that ought not to have been" permitted by the senior members of - this House. WThy, what are those tech nical rules and useless forms of which the gentleman from New York has spoken t They are, so far as re gards all the purposes for which they were daeimc-d. the supreme law of the land. What are your rules of order for your govemmant here 1 They are the most technical of all technicalities ; and yet they speak the commanding-language of the law, and are as impera tive and binding in their nature, and as much entitled to respect, as though "you"1 kept an army t your door ready to enforce them. What lends the sanction of majesty to our courts of Jaw ? It is the formal and technical manner in which justice is administered. What invests the constable's staff with a power as ter rible as the tyrant's sword t It is a mere technical procedure of a few moments in compliance with the forms of law. But, says the gentleman from New York, in the fury of his party zeal, the' forms and quibbles of the law are not to be regarded when the rightrof the People are in danger. Now, it is absurd, it is para doxical, to talk about the rights of the People conflict ing with a law which they themselves have passed, in pursuance of a right which they have reserved to them selves in the Constitution i for it ia the object of the Constitution to define those rights, and of the law to enforce them. If, then, the gentleman from New York is sucha friend to popular rights and to the People of New Jersey, let hira prove that his professions are sin cere by aiding to.carry into operation the laws which the People of that State have passed for the protection of their rights. Now, I u nderstand thegentleman from New York is himself a lawyer ; and is it possible that he, who belongs to a profession that has, in all ages, stood up for the lights and sanctity of the law against the encroachments of those in authority a profession that has, in all ages, included in its numbers the guar dians and protectors of liberty, and the defenders of the rights of man ; is it possible, I say, that he will now become the derider and contemner of that very law for whose omnipotent power he is daily in the habit of con tending f But, says the gentleman, my. object is to take care of the People's rights, and I wilLnot be arrested by the forms and technicalities of the law. Now, 6ir, I am not to be deluded by this cry about the People and the People's rights. As to all the slang which we" have heard upon that subject, I look' "upon it as too con temptiblo for notice. It has always been the languago

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