The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-07

Il
ing the House, il not properly 10 call the names
| OF members as members and require them 10 an
here !" but simply 70 call the State from winch
they came. and inquire who had the evidence Of De-
ing Representatives from that State. The members,
instead of answering "here," ought rather 10 say,
| {" here is my commission" What evidence had The
! Clerk seen thai MIR. w was eeced7 Probably no.
thing but return printed in the newspapers and
| yet, on that evidence he had been satisfied, and be
would feel authorized 10 call his name. And II this
sufficient TO satisfy him, could he REJECT iuil,
regular legal certificate, In all respects coniornable
10 law : Ii he did not in his conscience doubt Inc
formal legality OF the certificate he was bound by
1 his oath 10 recrve IL.
| Mr. BRIGGS addressed the House IN support Of
| the Clerks request TO be heard in explanation. He
| agreed that he had virtually decided by refusing 10
! call The olher names Of New Jersey members; but
had respectfully asked leave To state the grounds
on which he had done so, it seemed very reasonable
| he should be permitted TO do so. Mr.. Is greatly
doubted the prcprety Of the course pursued but was
willing 10 hear explanation He hoped as the Clerk
thought he could NOT in the present state OF things
put question 10 the yoIe (hough on that point Mr.
b. differed from him in opinon,) that the leave
would be accorded by general consent
MIR. VIII re explained, in reply 10 Mr. WISE,
who he thought, had not spoken 10 the question be-
| fore the House. The gentleman had attempted to
prove the gentleman al the desk to be the Clerk OF
This House, by referring 10 the ordinance OF l7S5
and law of the Congress of 1871 both of which had
as much, and no more to do vii, the powers or du-
lies OF that gentleman hanthe laws Of The Modes and
l
the Federal Constitution and the other had expired
! with the Congress that passed it, When did ever
Clerk decide question cuntroverted in the House
! of Representatives much less make speech or
| read proclamation or protest in regard 10 II !
| Mr.. WHfTa insisted that IL was an innovation, and
The very idea Of il was enough 10 make rejecting
man start But Il gentlemen, in their abundant
courtesy were willing to open door TO have advan-
age taken of them all he conld say was, so be il
| 60 ahead" He could see the object intended as
clearly as he saw The light II his friends we're will
ling to De duped-and he meant the term IN no often
| Sive srnse-he made no complaints but II his friends
were willing 10 be duped BE- the superior sagacity-
he would not use theterm laud-bul by the superior
tact and sagacity Of their opponents, let be dome.
| Was there nothing here that men Could see Might
not the Clerk, who was wholly irresponsible, be the
organ Of reading from that table and throwing out
| before the country what gentlemen OF the House
would not venture 10 advance in their own persons
and what they would not be held accountable fort
| Could gentlemen not see that they stripped them
selves OF all power To hold mberS on the other side
responsible for any thing that might thus be put torth
II they were willing TO do this, SO be II; but he ap
pretended that they would find that courtesy might
be carried too far. The Clerk had certainly right
TO publish his opinions; the press was open to him
But was Speaker who had one day made deci-
sion, and the next day wanted to make long expla-
| nation and read book about, 10 have the sanction
Of the House Tor such course? he presumed not.
Mr.. CUSHING, Of Massachusetts, expressed de-
sire TO hear Mr. Clerks explanation He thought they
ought TO know why the proceedings OF the House Of
that chair Who those in that hall The repre-.
senatives Of sovereign states They had come this
place armed with documentary evidence in proof Of
their official character They here to take their
places Of right, not by courtesy not because their
names put, not put by the Clerk upon his
roll They took their places on that floor by inherent.
4 independent, and ndefeasibe right. On that ground
of right many members had been already recognised
Those from all the New England States aud those from
| New York had been already recognised. His
| name had been called and he had been received a
member better certificate than those presented by
the members from New Jersey Why were not they
also to be acknowledged Had they not produced the
same document as Mr.. Randolph II it good in
Mr. Randophs case, 1t not in theirs There could
no answer be given to this question: in conformity with
the laws of the lsud the rights OF the States, any
principle here advanced. What the suggestion of
gentlemen on the other side If you 90 behind the
tIfca,e, you would find Of contested election.
Admit IT, 1t very possible that Mr. Dickerson and
his companions Justly entitled to their seats but
the house could not enter on that question now.
Mr. G.. wished the country to be Informed why. with
/ legal certificates and the laws of New Jersey before
him, the Clerk had no. proceeded to recognise MIR
HaIsed and Mr.. Maxwell and Mr.. Aycrgg, and Mr..
Yorke and Mr.. Stratton, and he had recognised Mr..
Randolph He hoped the house would hear the
PLANTATION, but ne hoped also, that they would come to
some practical point. They had been debating all day
yesterday nice and abstract questions aud he had
been surprised 10 hear gentlemen multiplying their
powers Che would not say stutfylng themse!ves) by
protesting that they could aud could no, divide
on any question Why notl Could they not choose
Speaker! And what that but voting aud Ovid
Ing ! To do this they must be a house, though not
sworn. And what were they now True, they were
not organized, but were they not body! Were they
not men! Had they not souls well as bodies And
why could they vote Assuredy they could II
there was any power inherent in the Of organza-
! ton, it the power Here four ques-
tons proposed; and were they powerless, mama
ced by these intangible distractions that they could not
pass to vote There fifty ways in which the
questions might be decided They could act as the
House Of Commons in the habit Of acting, and
the House OF Commons was the source OF orr ideas
and our proceedings IN Legislation 1t entered on
their journal IN the commencement of their sessions,
that the Clerk OF their house put questions by order of
those who were present-as their servant not their
master And they wero IN the habit Of dividing
questions put to them by him the agent for that pur
pose. There absolute and inherent necessity
in the thing Unanimous consent How that
ever to be obtained This body could well divide
on questions put by the Clerk a convention could on
guesti ms put by It's Chairman. And with view to
les, this doctrine, he moved the members that the
Clerk Of the last House Of Representatives have per
mission to read the statement that he has requested
leave to read, and that the question this motion be
put by the Clerk
Mr. VANDERPOEL inquired whether the gentle
man from Kentucky (Mr Whe) waived his objection
to the motion now made by the gentleman from Mas
sachuseus, (Mr. Gushing
Mr. WHITE replied in the negative, and adhered to
his protest agans, any such permission being given,
Mr. VANDERPOEL then proceeded TO observe
that if there had been any thing like IN the
views Of those who had advocated the admission OF
Messrs YorKc, &c, the task OF answering them would
have been much easier; but such variation was APP
parent their modes of arriving the result. that
It induced suspicion that the result itself was OF
very Objectionable character One gentleman said he
willing to trust tho Clerk another utterly objected
to 1t, To whom had most OF their speeches been ad-
dressed! To the Clerk himseE-and especially to his
conscience. Aud what was the object To induce
him edo from the cnnrsn he had takenl Was il