The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-04

be thar there was nothing 10 H. washe Clerk 10 suf
Ter that color OF claim TO inerpose between the Re-
presentatye and his seat even for siuge insiani7
Take, for example, the State OF Delaware which
has only one Representative Was he to be kept out
Of his seat BY color OF claim 7 No-he [Mr. 81
did not understand the duly of the Clerk 10 b. such
He took Il that the usage under which the Clerk per-
fofmed the duty which he was now performing was
applicable only TO one single point and that was TO
Inc verihcaion OF The credentials Ia point of genuine
ness and form.
MIR. S., after speaking OF what he considered the
becoming delcacy with which the Clerk had acted
proceeded 10 say, what is II that the Clerk does He
keeps out OF their seats the delegates from the State
OF New Jersey, although i may appear hereafter
although il may appear now-that they are entitled
- their seats because according to this doctrine IL
there is color OF claim, they are to pass the mat
ter over 10 some other period. Whether that period
may be until after the House Organized or 10 what
other period, know not.
In order 10 arrive al proper conclusion as to the
genuineness and force OF the credentials The Clerk
is bound to know The laws OF the several States in
relation TO this matter. He is bound to look into
those laws, and 10 see that the certificates are con-
formabie 10 them; and, II they are So his authority
Is at an end. Here are five gentlemen who present
their commissions as Representatives, from New
Jersey. Have those commissions come through the
regular channel2 Does any man entertain doubt
Is there any defect In the law Of New Jefsey3 We
have righLio have it read. | know what Il u.s. and
l now aver that word for word, letter for letter and
gentlemen have brought with them, signed by the
Governor OF the State OF New jersey is precisely
that which, by the law Of that State is declared 10
be final and conclusive evidence OF their election.
Is there any thing fiom the Governor Of New Jersey
TO say that there has been mis;akel Isthere doubt
as TO the genuneness of the signature or the seal,
or the paperf Does the Clerk himself entertain
such doubt2 Probably he does but, if he does he
has yet to say So He has said that there is con-
test on which he does not undertake to decide; but
ho,c he would decide If he were competent TO do So
he has said. | repeat, we are not even informed
that that there is any doubt and if il were not for
this claim or color OF claim the certificate would
be sufficient
How then do we stand What is the position of
the questions Why, that these gentlemen are in
this House, bringing with them their certificates
drawn up according 10 the laws of the State Of New
jersey even to the letter and that they are therefore,
under The Constitution OF The United States TO hold
their seats, unless is shown how they are to be dis
placed. Is il not due 10 sovereign State that It's
solemn act, done according to law, and involving
act OF Executive power, should, in the first instance,
be treated with Eespect that those who intend 10 i'm
peach il should not come with transient color Of
claim, but should show thai that which appears to be
according TO law IS not according to law What
have you got the part of the gentlemen contesting1
certificate from the Secretary OF State Of the Com
monweah of New Jersey II is remarkable
thing, but il you will look through the law, you
will find tha! there i not single function which the
Secretary of State has 10 perform. do no, know
| that he has even the custody Of the papers Bv
turning to the law 1t will be found that the Governor
Of New Jersey, on the returns being made to him. is
to summon the Council. The person who has The
custody of the papers belonging TO the Council IS
The person who has the charge Of all the papers and
take il for granted therefore, that they are now in
the possession of the Governor and Council or Of
| their clerk, il they have one. Is there any thing
from the clerk of the Councils No.
This question becomes a very serious one be-
cause, as indicated the outset Of my remarks the
doings Of this day are more or less, 10 d.
recion 10 those who come after us-and say that
this is the FIRST time that any Clerk in the Con-
gress Of the United States has ever challenged
the principle that, under the Constitution Of the
United States, the man who holds the return is
entitled to seat have looked through the de-
cision given in the case of Moore and Lelcher 1t
was there argued by many distinguished members
and among others, BY the gentleman formerly Speak
er Of this House, and now the Governor Of the
State OF Tennessee, who brought forward precedens
in support Of his opinion. He arghed conclnsively
and triumphantly that you cannot go behind or be.
yond the return commssion--beyond the authority
which comes to you from the State. Those who
argued the same side Of the question took the same
ground, What did the opponents do 7 Did they
question this principle, this unavoidable principle
for such is in Government like ours which con.
slss Of independent States, each entitled to act
clusively and conclusively until Congress shall have
power TO act. The opponents TO man agreed 10 the
principle; all that was commended for was, whether
the certificate was in conformity with the law of
kentucky-one side saying it was and the other that
had it was entitled TO his seat We can come there
fore only TO one conclusion, so far as we know at
present, namely, that these gentlemen are delegates
from the State Of New Jersey. II their seats are
liable 10 be contested, we know how that is to be
done according TO the law OF the United States. In
the mean time, however, the gentlemen should take
their seats. and have right so to do. That then,
which appears wrong to me is thatthe Clerk should
raisea question he is not competentto raise-a
question which this house, in the case of Letcher
and Moore, decided that ii must itself settle
submit, therefore, that unless somethsng is brought
forward to impeach the genuineness of the commits
sion which these gentlemen have produced they
are entitled to their seats, and should take them ac
cordngly.
The CLERK having, at the request of Mr.. Ran
dolph, stated The order Of the questions pending,
Mr.. RANDOLPH proceeded to say that the first
thing, in his opinion, TO be DONE was TO read the law
and afterwards the certificates Of the other gentle
men claiming This, he hoped would be done. A
discussion could not be avoided; and, If it must
be done let the house at least have the law before it,
He wished 10 say word in reply to the position
taken BY the gentleman from Vermont (Mr. Sade)
who had said the Clerk could put no questions Ia
this Mr.. r. differed: The Clerk could and must
put questions. Mr.. r. was proceeding, when
Mr.. SLADE explained He had not intended to
say that when the Clerk had called the names of all
Inc me mberS whose seats are not contested the house
should then proceed TO organized but that il should
then proceed, before organization, TO act upon the
question of the contested seats, far as TO decide
who are prinea facic entitled to such seats.
Mr.. RANDOLPH said he had misunderstood the gen
tleman. All that he wished was that the law might
be read and that then the certificates of those who
contested the seats of his colleagues might also be
read. There would then be something before the
House. IL
MIR. BYNUM rose to reply to certain statements
which had been made for facts but which were not
so. He knew il to be practise with many, in and
out OF this House. TO assume for fact every thing
which they thought proper The gentleman from
Pennsylvania Mr.. Sergeant,) with whom il was
la mad fpro ~,
the first time that the of member had been
questioned who had been elected according to the
laws aud The constitution. Did the gentleman ar der
axe 10 say that ne alone had the right to Judge OF