Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-10

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,irm,,r.. answer GIVE. hun (sIr Prckcrsl cvi
dencc tb, such or such " Will oi tin, sovereignty
Of New Jersey South Carolina, and he was realty =
act IN conformity I" II. h" was moi exactly rf'',
10 say that IN all cases, fopd; was ro' "'f' ~
v.os M, ready to run counter 10 the express N"c 90
pl, or ,nr STATE And he called upon gentlemen
TO pause. before they undertook to 81 's'or ~ ~
will! History would bear him out III sIN''' 80, - ~
,buuders of Heaven mi @!lt often '' near" y, :, -
,,nr,nurs of an outraged aud indignant ir"p"I, -
49,, e Ill nl.adip.s no resort To tcchncalit's,
od ,y,; Ia smother the question: VII" were ne i'9'
voters of New Jersey: The People w"uu "'iiii4
With scorp mon all such tcchnicai''ics tie mop" ~
He. voulj adopt the proposition {" Tue 9'h''i''''
~, ,,;th mopnanimty and confidence. As
"a the act of the Clerk IN calling man mann, "
gave no man right to ms seat, nor ha' ' -.
Trbt Ia demand of Mr. T. the certificate on ms
If were demanded bv Clerk he should Sc"rh 10 'E
- 49,, I'm. ,,,,I lin. demand came from competent
,rtbortv,l !, was made BY the House OF f'cPreSeh-
tatives.
Mr. BARNARD, Of New York, SAID he had fen that
i would be proper Tor him 10 wait tiil ne Si"n'" n'"
the sentiments of others VII" were oiurI' "t" o
and n,,re eyperenccd in the business OF the itou'r pc
f-c he at,uptcd to express his Nor, ihdeca haa
no venturcd 10 make up definite and hnai opinion ui'
he had first heard those opinions ana views VIII witch
they had been favored from various quarters anu oPp
40 sides of the House. Having heard them, nc was
-, ,,,,,cd ~ make known the conclusions which
rested mon his mind and to act 50 far as ne was hcIv-
duolly concerned member oil me to"s', nc
would proceed to state these as brichy as h4h' "e'
h,nny Il they should rcaSonah" TO others as thcy
seemed TO ham: happy also, IL "'t'c' "'sN' w W ~
ccd where his error lay r., 49,,
He had one word 10 say IN regard 70 me tttA "ii"
the position he occupied That tnnctonary iad oerii
apuaintcd bv III! last House oil krprcSentaNtsao ooS
uihose authority continued until the ih day Of Harct
last !, then ceased to exist lis being then terminated,
and i, was resolved INTO its original elements, "hch
meyer could be gathered and cnmpacied again 50 as i"
form a BODY of The form and shape winch 'ha possess
.,.J he
,o,arv crus, with the termination OF the parent winch
gave him being No! he had more than in,'Ai tAS'-
encc The Clerk was born with inli ne: nc hn" Il
nr,nr..c nert;.ci and independent beng, recognised
t,b C,,s;;,rton and the aws-an officer upon whom
,La laws iinposrd in part, duties IL he performed as
,y. after As before the termination OF tr existence "i
this body . r,, c.,
,: M, only the Clerk ot The last House but he is
1n,lv and ri0LItnlly In, Clerk Of this HouSc-an0 Is
ca IN continue By law unti ms successor shall be APP
pointed and It's part of the wisdom Of inc COM
mon law that the public interest should never u per
,,ttcd To suffer Tor of incumbent L" MI an m
variant Office: and all cases where an Office is ere
ated for term limited by law, and when no special
provision is made for filing a vacancy which nSi'
pccur-;n all such cases, BY the common law OF the
lnd from which ,rc derived origin and by the COM
mon law of our own land, ths tunclonary holds over
and continues in power until . successor Siai! 0c
appointed Now. II is IN analogy w;th this rHi" "'
the common law that the rule 81 parliamentary Ia" was
oaontpd The lrrA our House Si'utH tO'' ~
office until has successor To- appointed his : Inc set
Ned parliamentary las of England. amt as such re-
gard il here. | consider that the Clerk iS a'hr no
more than he was bound 10 do by III" tenure {" his
office He is riahfuy thcrc-and, beng there Is en-
titled to al the respect, privileges and n:nuniGs
which bclon. to the office. regard the Clerk OF The
House of Representatives, occupying the position nc
occupies here having his powers enlarged IN The ar
scncc of the Speaker and SUCH according to my uii,
Outstanding of the parliamentary law oil England. !
,ord IN he he
here So enlarged are his powers i!iai II i competent
for HIM, and i, is MS duty moi only /" prepare ana can
the roll Of the members ol ncw congress, O'i' a'>',
when necessary put question I" the House upon
a division wht; the House may drc.Gc-to put q!cs-
tons Of adjournment, 81 division. upon the election
OF Sneaker and any other questions which its compc-
tent for the House IN this partlai!: organized STAT" to
entertain Thus much III relation tn the Clerk.
Now we have. assembled here large number o.! gcn-
,lemen claiming the character. rights and privileges
which belong, BY the Constitution aud the laws, 10 Kt-
representatives. in Congress. We assembled here on the
aav appointed bv law for the meeting OF the 10Th Con-
ress-we assembled IN the place appointed by la" Tor
the meetn" Of the House of Representatives. Every
man who has taken LIS seat THIS floor claims 10 be
here under The clar:cc: and with tn" rights aid pr,v
leaes of Representatives, nus nayin@ assembled. '''
Clerk his appr"pra'" duties II" appeared and
nj The proper hour commenced calling the roll accord
ing to usage and according 10 iaw-n"t tn" law"
usage merely, but the parliamentary !aw-and, accord
-. ".,L 49, .."d"- IT, commence
calind the members by States beginning with tht
State Of Maine He proceeded far \. Jersey,
having called Of III" SIX members entitled !"
presen, that State here, the further call arrested BY
This debate After h. had called OF il!e 81
naroes he proposed To dp-Whdt 10 pass over tin
remainder, until h. had called the names Of the Repre-
scntatycs from other States, he had them before hun
And for what purpose; For the purpose OF taon!
us to form a uuoruri of ccrtfcatcd, unGSpntcd mem
bcrs and for that purpose alone. Why pass by New
Jersey with that object III view And the resolution Q
the gentleman from Virginia, (Nif Wisr,) n under
stand IT, Is precisely IN accordance with ana III air'
ance of the position assumed.
| ash, gentlemen 10 rctcc; whether they do not *
that this proposition ASSUMES certain important things
1t assumes that there may be questions IN III
case of the organization Of the House upon which
would be necessary that quorum ot undIspGtcd mcn
bers should be found to Now, assume the posi-
ton anG invite gentlemen to listen to whilst en-
deavor ccidatc 1t, that question has been present
ed or suggested likely 10 here, upon which III!
House is called 10 pass, upon which II is c0mpctcn
10 pass If this BE- So, then may not well ask VIII
are we arrested in the uist of proceeding ncccsSar
10 our organizations Is 1t, OF IS II not 50: The Cicr
has told us that Ii. wants Iuorum---@cncncn hay
told us that they want quorum Of this House Why
TOR what purpose What question Is there which Il.
House i called upon 10 pass !" REVIEW or what qucs
ton is to he presented: 1t Is argued that the connlis
SONS o certain gentlemen from New Jersey are to b
passed over Is this SO, If il is, am much m-taEc
in nv views. Did moi the Clerk prcscn, I" the llous
one of the names Of the SIX members holding com
mission precisely similar, Has any gentleman express
ed a doubt to the regularity and validity of thos
commissioners Is il not conceded all hands tina
those commissions are right in point OF ornl--thn
they are precisely ~ha the law of the State of NrN
Jersey requires tina; they should be Several Inc
norabe gentlemen have urged the reading OF tina
law. Why:-Ccrtainr not for the information
the intelligent and enlightened gentleman who pro
posed il should be read: no, for the information at a
of gentlemen on this floos-tor man, i'll my hearing
mas suggested doubt that the commission read tror
the Clerks table in evidence Of the election Of Ties
members was not letter for letter in conformity with tn
law of New Jersey. Then want no quorum 10
the purpose OF passing on those commissions. The
gre admitted 10 be regular; 10 be precisely what III
law prcscrlbes that they shall be.
But We were informed by the Clerk tina, he il
possession Of certain other papers which purpored I
authorize certain other persons therein named TO CLAN
r,nt i, tho House ns REPRESENTATIVES. Now IN reuar