Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1839-12-16

Sluity WHICH tne Clerk Oh tlle house nau no cOiOr
of right 10 assume.
You said MIR W. addressing the ClerI) under.
take TO determine what certificates of election you
will receive, and which OF them you will reject.
Are you not n candidate for election to the station
which on occupy MS an officer ofthis house? And,
being so, do you not, in the course you have pIr-
sued, undertake to determine what members srlH
compose the house from which you seek a re.eec-
ton? Under such circumstances (Mr w. said,)
the Clerk ought not, and cannot assume to deter.
mine who are and who not members of The
house. With what kind fpropriety (said hey or
respect for myself or for the rights Of my const;u
ents, can myself for one moment consent that
you shall determine whether | am am not
member of this house ? Sir protest against
your exercise of any such authority.
Mr. w. protested against all tie CLOSES and
stblees by which the true question before the
house had been attempted to he disguised, said
that the naked question for members to consider
was, who, according to right reason, and estab
iished usage, are entitled To vote for officers Of
this house, on the assenblagc of new Congress,
until the house was organized The answer to
which question wus, that certificate OF election,
in due conformity 20 law, had ever aud invariably
been held to entitle members to seats.
Mr.. w. proceeded to quote at large several au-
thorities to sustain this position which he consid
cred impregnable. The first authority he quoted
was from Mr. Bynum's speech in the case Of Ghoi-
son and Claibarne, in which that gentleman main
tanned that the certificate of the Governor Of n
State was prinn frcie evidence not to he disputed
of a members title to seat. He then quoted the
speech to the same effect in the same case, of u
member fIom Maryland, (Mr Thomas) of the same
political party us the gentleman from North Car
olina.
lie then quoted to the same effect speech of
the late Speaker of this house, (.Mr Polk.) Com
mentlng upon these and other extracts referred to
nv him he said that IN cnuth hp clparer
than tile demonstration thai, according to all US
age and universal opinion heretofore the legal re-
turn was irr ,fuable evidence of title to a seat.
And (said Mr. White, still addressing the Clerk
you have by your own net shown your own con"
viction that such is the law.
When you came to New Jersey you called the
name of Joseph F. Randolph. And why did you
do il but from your consciousness that he had in
the Governors certificate of election, legal and
sufficient title to seat? Yet the names of the
five other representatives from New Jersey, hav
ing precisely similar certificates Of election, you
reject, thus setting at defiance the law whose in
functions you have yourself recognised in the
of MIR Randolph.
After some further observations, Mr. w. toos
his seat; and
Mr. Bynum, OF North Carolina, rose apparently
for the purpose of replying to the alusion made
by Mr. White TO his speech in the case of Cai
borne and GhoIson. .4'. a...
INC ehdueS VI evening tdu ioWeVer, ny tnS time
began TO fall, and there was general call for adj
journment.
The Clerk stated it as his opinion that in the
present state of the house (ihe roll having been
only partially caIled) no question aid be taken
either by yeos and nays, or by elers, or by count
and that no decision could be arrived at but by
general consent of the house.
| BY general consent the house then adjourned
TO meet again at IL O'Clock to morrow.
IS SPyATE 'Tuestay noc q
On melton Of Mr. Hubbard, the time of meeting
was fixed at IL o'clock, NJ until further ordered.
HOUSE OF REPRESENTATIVES,.
| 81 TUESDAY, Dec g.
AT noon, this day, the members elect of the
| House of Representatives were again called to or
der by Mr. g. and, clerk OF he House fcR,he last
CongrcS After which, he Qhe clerk slated that
when the House had adjourned yesterday, sever
al questions were before it which still remained
undecided and gentleman from North Carolina,
| (Mr. Bynum) was, by usage, entitled to the floor
this morning. With the permission of that gem
lleman, the clerk said he had now respectful
appeal TO present to the House. No man had felt,
or could feel, more profoundly than himself the
painful difficulty of his present situation. From
the beginning, he had been deeply sensible Of the
high responsibility cast upon him by crcumstan
ces. and under which he was compelled TO ACT ;
and now before God aud his country, he assured
those whom he was addressing, that he had had
but one Obec. in view, which was. 10 do his duty
in the ease He was placed, as every gentleman
must perceive, in an entirely novel situation. All
former cInins to seats had been presented, on pc
ttion, to the House itself the clerk had nothing
10 do wish them. To this The only exception
mad been the case of Messrs. Moore and Letcher,
where the House, from the necessity of the case,
had been called upon to act previous TO tho reg
ular organization and in that instance the en-
barrassmeni was so great that the case could not
have been decided in fortnight probably. had
not both the claimants, by mutual consen M, agreed
to tire. But hers, in the present case, the evil
dences IN favor of the conflictn 6 claims had been
brought to the clerk presented in his Office and
forced upon him. What was he to do !? Was he
70 take the part of The House Of Representatives
who were by the constitution the sole Judges OF the
election returns and qualifications OF their own
members? He felt most painfully the difficulty of
his position. He had most laboronsiy and anxi-
osly investigated the subject, and had come to
the conclusion TO the time and the mode of
presenting the subject ITSELF and all the difficult
questions connected with il, to the House ; and
he now very respect lily but earnestly appealed
to the House, and asked, tina: in his own Justifca-
ton he might be permitted to make u statement
oftlie grounds OH which he had acted thus far
Such thing was not unprecedented, and he hop
ed permission would be accorded him.
Mr.. Jenfer, OF Maryland, asked whether the
Clerk had decided to review the course he had
pursued yesterday as to calling the names of the
members elect from New Jersey, and 10 allow the
House of Represe to go on with its organi'
cation without any interference on his part:
The Clerk repeated the declaration ofhis aoxi-
Gus solicirude as TO what his duty was, but inna-
ted that he could not depart from the course he
had thus far pursued until convinced that it was
wrong.
Mr. Jenifer. II the Clerk wishes the House to
proceed in organizing ITSELF let him proceed in
calling the names of thnse who have produced
regular certificates OF their election until somebo-
dy objects to his doing so. He stopped yesterday,
Of his own motion, after calling the name of one
member, and had not called the remaining names
OF the members from New Jersey, although nobo
dy had expressed any objections to his going on.
Many cries OF leave'-- Others of" object re-