The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-14

held in his hand q paper whicn NC "'o" =. ia \
read by The Clerk and he thereuPon sent u % ms
MI Nj BYNuM. Iobjec, 10 the reading. -,
MANY voices, g What is itT' "S.a.si s9alneai o
Icdes Of "Read read "Nol no! state Wna'
IL isr - A. nan,
Mr.. PIcKENs expressed bis hope that the gen.
t,eman from New Jersey would, as was the course
when paper was produced and asked 70 DC reao'
briefly state what were its eontents.
Mr. RANDOLPH II the Clerk VIII send me
back the papsr VIII read !, iny seniep,s
MIR. SMITH, Of Maine, rose to order "ha'
''s The fascHA CHAIRMAN. The question is whether
paper submitted by the gentleman from New Jersey
shsll be read; objection has been made ana nc mas
been asked briefly TO stale what the paper coh'ans'
| Mr. SMITH. know not what Is but a y = ~
tended as defence OF the rights OF gentleman mere;
or Of other gentemon hope the clerk WIZ % a'o"e1
| 10 read his statement also, ~
/ Mr. WISE. ] hope gentlemen Will not iofge' now
he gentleman from Ohio Mr. Duncan, was permitted
4 by the house to read what papers ne pleased.
lCries Of $50 on 60 on! Read
i Mr. RANDOLPH then read as follows
We. the undersigned, Representatives Of the State
| NJ New Jersey duly commissioned as such ~ con
fom,ty with the laws OF the said State. having been 10
pari excluded from privileges IN thus meeting " W
members OF the House OF Representatives aeei ou'
duty to place before this body and the country our views
with respect to the rights OF State and OF ourselves
and the powers aud duties Of this meeting we mere
fore affirm, in the presence oil the memoeis " ~
| House Of Representatives here assembled ana " 'ne
whole American people, the truth OF the following pro-
positions
Thai, by the constitution Of the United States,
each State has the Ea,sa for ts
representatives. in Congress; which power includes the
right OF prescribing the time, place. and manner OF as
certalning and making known the result to Congress
aud the world
O. That the determination OF the State authorities,
authenticated 10 the manner prescribed by the State
laws the only evidence Of the election OF members OF
the House of Representatives which can be received
prior the organization Of the house and is final and
conclusive uut reversed by the house itself duly or
gained.
g. rha, no one who cannot produce the evidence Of
his election prescribed by the laws Of his State, Is ent'-
lied to take in the House of Representatives;
and no who does produce such evidence can be ex
cluded before investigation by the house, without
gross violation Of the constitution Of the United States
aud the rights Of the States themselves.
a. That the House Of Representatives cannot be
constituonally organized quorum formed until
all the States Of the Union have had opportunity TO
appear by all their representatives aud that constr
tuonal quorum not merely majority Of the repre-
entatves elect after the arbitrary exclusion OF other
members, on any pretext whatever but majority OF
all the members from all the States, after each State
had opportunity to appear by her representatives.
and TO constitute part Of that quorum.
s. I hat the body here assembled, having no Judicial
powers, possessing means Of sending COR persons
and papers, legally authorized examine witnesses
under OATH and expressly forbidden by law to go iuto
The consideration Of any business before the house is
ganzed, and tho oath to support the constitution ad-
ninstered to its MEMBERS cannot exercise the highest
Judicial function belonging to the House Of Representa-
lives, that OF reviewing aud reversing the decisions oil
the authorities in relation to their elections;
and that its only power require the persons appear
ing here members to produce credenualr prescribed
by the laws of their respective States
al. CN.ta ~ M, I1p.a ha,n hrt
scrbed the time, place, and manner Of holding elec-
lions, and also the time place, and manner Of making
known the result and having for this purpose selected
the highest kind Of evidence known to the Constitution,
to the common law, to the Parliamentary law, and TO
the laws Of naons-a commission under her great seal
and signed BY the Executve-has thus made known to
Congress aud 10 the world that are her Representa-
tivcs in the 26th Congress. t@.. t
| This body having, in derogation Of the principles
above affirmed refused in part recognise creden
tals and that upon the authority OF paper which, ema
mating from officer not recognised by the laws OF
New Jersey regulating elections, and therefore not un-
der the sanction Of official oath, stating .merely In
feIences from other papers, themselves not evidence,
being parte adavts, taken without authority OF law,
and without notice to us, and proved by the law itself
be false upon its face could not be received proof
of the facts it III any court OF record IN the
Union and intention being manifested 10 carry fur
Their this insult to our State, and to consummate the
outrage upon her rights by excluding her Represen
from taking part in the organization OF the House,
We in the name OF our STATE and OF ourselves, and in
behalf of common country, and Of al! the other
States whose rights outraged in the violation OF ours,
do most soemny protest against any such usurpaton
of power by this body and do utterly dsclam It's rights
to do an which will be bolder and more fragrant
violation Of the Constitution of the United States and
of the laws and rights Of the States themselves than
has yet been attempted in this country.
| WASHINGTON, Dec. H. A. ID 1899. H.. ., ~.
| j. b. AYCRIGG.
CHARLES G. STRATTON,
J. p b. MAXWELL,
WIN HALSTED,
T. JONES YORkE.
Mr. RANDOLPH. | that this paper be entered
upon the Journal Of the House.
Il ELoud cries of " No! no VI .=..r
After many objections, some debate and much con-
fusion. The roll called when It appeared that,
the question carried in the negative Yeas Ia
Naysl7
[Sl the protest goes upon the Journal as matter of
course-it having been moved, goes with the mo-
ton.
The CHAIRMAN. The House having com
piled with the first branch,of the resolution OF the
gentleman from South Carolina by,completing the
roll, it remains 10 execute the second branch,
which is as follows:
and before Speaker elected, they shall provided
there be a quorum Of such present. then hear and ad
Judge upon the elections returns, qualifications OF all
members, (Mr. Nayor aud Mr. Ingerso excepted) to
the seats contested on this floor"
Mr. DROMGOOLE. rise to submit a PROPOSE
ton to the House with view to that object. Mr..
D. then sent TO the Clerks table the following
luton:
RESOLVED, That select committee to consist OF Sc
ven be appointed pipa by members OF this House.
ms h sf6fe al As RageFS r ~ seh hs 81 lis
floor from the State of New jersey, and that they re-
port thereon. r. at...
Several gentlemen here addressed the Chair but