Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1839-12-12


been, what was the usage and precedeat upon inc
subiect7 He found that, from the commencement
of Inc Government, the practice had been uniform
and uninterrupted-no single case to the contrary
that those having the certificate, Of the Governor
! If The State. were admitted without question TO
seats. and had participated in the organization OF
he House. He further found that such was the
practice of our State Legislatures, and the Fractice
from the earliest times Of the British Parliament
WHY should we nov depart irom III IL was always
with doubt and reluctapce that he departed nom
long established usage, and never, but upon reason
ing amounting almost to demonstration; and ne
vould aepeal TO honorable members on the other
side whether they ought not TO hesitate long, to
subject themselves TO o severe se~lt-examinationi be-
fore they violated the rule so long established, es-
pecially when a present party benefit was to n" OBJ
tanned : MIR. T. imputed no such motive TO any one,
bot others will; and he could only say that similar
ly situated, If he knew himself. he would adhere TO
he precedent, If for no other reason, because II
was the precedent.
But MIR. L. did not rely upon precedent, but
would show that all the argument concurrcd With
The precedent, and that the rule contended for on
the opposite side would be impracticable, imPossi-
Bile.
In the organization Of the House (said Mr.. ID
here must be some rule established by which it
shall be known who are members some Prina ia
Gle evidence; that evidence has always been the
certificate OF he Governor. 1T Is upon this that
we must &c necesSttaLe nct-thefe IS, and can be
no substitute for it. viii any gentleman suggest
onef Gentlemen say it may be abused. What del
egaied power may mott Where will you place it,
where it is less liable to abuse2 With the Clerk of
this House with an excited party majority in this
Housei and acting, too, not under oath, as neither
does in this case, nor under any other sanction
wbat' yer. win you take either Of these in prefer
ence to the act Of the Governor, acting under oath
aud under the restraint of laws7 But it is conceding
too much to offer the alternative of tho House
There is no House as yet, for this question arises
preliminary to the organization Of the House. But
what right have / to decide on the right of a mem
Der from New Jersey, who have no other ceIiifi-
cate OF credentisl than precisely that which the
members from New Jersey have 7 What tight have
| to decide on their case, and to say that they shall
not participate with me in the organization Of the
Housei
| now proceed to show that such a course is i'm
practicable. 1t is commended that the seats of these
gentlemen being contested, therefore, and there
fore only, they must stand aside and allow the O.
Their members to organize. The protest may or may
not be sustained-it may be further prosecuted, or
it may be abandoned. Well, sir, | or any one else
may file a protest against the election of certain
members from Maryland some one else protests
against the members from Pennsylvania, and so on
through the &holo list. NDat Is Inc consequence I
Thsy all stand aside and cannot take seats, and
their rights to seats must be decided when the
House i. organized, and a Speaker elected. There
are only seventy. FIVE members now admitted and
uncon.e.ted-that seventy five is less than a quo
rum, end cannot. therefore, eject a S Speaker. Those
whose seats are contested canrot vote, and the con-
sequence is, that the House never can be organized,
and the Government is dissolved. Yes, sir, your
Government is dissolved by any one man who, for
vexation or ridiculc, chooses TO protest against the
election of a majority of the members. For, mark
you, it is the fact of the protest, and that only, that
~deprives the member of his rights. 1t is not the
merits Of that protest, for of that we know and can
know nothing until organized. desire to hear the
argument answered. | defy any one to answer it.
Mr.. UNDERWOOD, in addressing the House on
the same subject, said-''h he would put a case to IL
lustrste this matter. He perceived, from the pa
pers, that in one of the States there was a contest
between General Lucas and a Mr.. Barton as to the
right of a seat in a certain body. and that, while
General Lucas was commissioned, Mr.. Barton rfif-
med that he had in his favor u n majority of 10 or so
votes. Now, suppose he should bring forward all
the aflidavits and other documents in his possession,
going to show that he bad received such a majority:
would any gentleman in that Legislature say, | have
here al. these facts duly sworn to, and | am salts
fed that General Lscas ought to be set aside, and
all see at once that this would be assuming as tue
what could not be known to be true for want of time
and want of evidence %