Delaware patriot & American watchman. [volume] (Wilmington, Del.) 1828-1828, 1828-02-15

We have published in our paper to day. a vo,v
sensible and conclusive article, from the Delaw,,.
Gazette over the signature of l.. on the subject IVA,
ter of Mr. Reads resolution, declaring Mr. WI.
bank speaker of the House OF Representatives
We have never had any doubt upon the ,uh;s,,
ourselyes-and at this moment we believe Mr. w
is legally the Speaker, Notwithstanding MANY bal.
lettings were had after the blank paper, instead of
a vote, was thrown into the box. If our lepisIa.
lure should be assembled, by his Excellence
Mr.. w. has now legal right to take the Sneak
er's chair, and if any other person take it without
a resignation from Mr.. W., he will not he tbs
Speaker, and consequently all the bills that re.
ceiye his signature will be null and void.
From The Delauare Gazette.
The resolution submitted by Mr.. Read. dees-.
ing Mr. lltbank to be daily elected Speaker If
the House of Representatives, was neeatyed hv ),
vote OF that body at the last session of the Iegs
ture OF Delaware, As il is probable the Legislature
will be again convened and the question embraced
by this resolution may be brought before the house
1t is important that 1t should be decided srreeably
to parliamentary usage, and the rules that have OBJ
tanned in deiberative assemblies. The object If
| e.
OF MI. Niltbank's election. 1t would be needles.
to cite many presidents upon point which has
been SO fuliy ascertained, and the eore reference
Will be made to only two cases. The question
turns upon the exclusion of the blanks given at lie
late election tor Speaker in the lower house.
Inc principle OF exclusion was recognised by lie
fiouse OF Representatives Of the United States, ID
the election Of MIR jefferson. In that impor,aD.
contest, after many ballotnss, uniformly resulting
IN TIE same way, the choice was made by ten states
the votes OF Vermont and Maryland being deter.
iaihed ny one half Of the delegation from each Of
these states voting blanks, and the other halt voting
lor Mf' jefferson. In the former case, there was
one vote given for Mr.. j. and one blank in the at
YER 'our were gwen for Mr. and four were blanks
we here see the prin ciple admitted without being
once questloned; and surely had there been any
ground upon which to contest the validity of that
election, II would not have been overlooked at a
tl'he OF nigh party excitement, when those were
'o"hu VINO were bold enough to declare that they
Wouiu rather witness the dissolution of the Fede
raj compact than contribute to the success Of Mr.
Jefferson.
Id the choice Of electors of President and Vice
fresldent, by the Legislature of New York. in oiD,
meeting, IN the year 1894, there were present one
hundred and iity-seven members. II ali had voted
SERENITY n,nP, being majority, would have been
necessary 10 render the election valid. The fact
was that three blanks we're given and twenty five
men on the Adams ticket received sprentu eigh
votes each. After much discussion, and console
rable excitement, the two houses separated, and
the House of Representatives passed a resolution
declaring the twenty five electors on the Adams
ticket to have been duly chosen. The votes Of
these electors we're afterwards counted and no o.
position was made thereto This latter case strong
~ supports the rule cOntended for. Here the Oh.
lection was urged, and every effort made to su
tain it, but after full and free discussion the prn
ciple of exclusion was maintained in its full ex.
tent.
| These instances have been selected as being
most familiar, and best known, and could easily be
sustained by others OF equal authority, did the &C.
caslon require it. But the point itself is so perfect
clear, independent Of all authority, that It is diff
ficult to comprehend the force of their arguments
who would have us to count BLANKS as totes, in 9TH
er words, to make that vote which is no vote at
all. How, upon any fair principle can those who
are present and refuse 70 act be considered as any
part of the bodys Would not they be deemed for
all other purposes, absent members This subject
demands the serious consideration of the members
OF the lower House. Let the question be fairly
met. and IT, after an unbiased and impartial view
it be found that the rule of exclusion, founded
IN reason is also established by usage, for no party
purposes, should they be tempted to deviate from
the path Of truth and justice 1t is due to the sta
ton which they hold--it is due to the character
and interests OF the state, to conform in all things
to the rules uniformly recognised and adopted by
| legislative assemblies.