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

hat
would investigate this election through com.
nitlee. He proceeded to show that The house ;eonI
lot upon any Of the ussges which had governed DEL
,eratiye bodies or committees, move a single inch
Here Mr.. rs voice lost 10 the Reporer
When sgsin caught. Mr., L proceeding 4 Sun.
pose the that every man In Melville or South Am
boy was an slien, and that those gentlemen who ho
he certificates offered TO prove that eve,y man there
was an alien, would you receive that TESTIMONY II
not YOU turn these gentlemen OF their seats ,h
hey aver that they, having the majority of the l.l
votes, had right 10 SIT. 10 that alternative you de-.
eide without giving them an opportunity prove Their
votes. Or il gentlemen say No, We mean their yIs.
TO be proved what theni You to send for prr,o.
and papers-ths unorganized body is send for pe,.
aud papers. When organized, your demand !.
peremptory, and you may attach for contempt bu 90,
organized, as Hotspnr said TO Geldower 'You m,y
call spirits from the Vastly deep, but will they come n
Suppose you summon a man from New Jersey u, -,
tend this unorganlZed body-or rather, worse than n
organized body, as any man knows who has atendcd i,
proceedings for the last few days who is bound .,
obey or 10 send papers And If witnesses Are So.
for prove the Illegal votes, and they say they vii No,
come, by what process this body enforce lis man,
ds.el desire gentlemen TO answer me VIII ,o,
hold up TO tins committee the empty sound that thew
may send for persons and papers, when YOU know =,
the time, that II is Absolutely impossible for y
to coeree attendance
Besides, how IS this committee to act How ara
we TO act mean no disTespeci TO any pentlrm,r
but know enough Of bodies Of this kind and Of rs
nature OF man. 10 know that the strongest, hn mos,
predominant feeling that Of party leplny-of p,rv
excitement have seen that SPIRIT IN more instances
than one, trampe down every principle Of the Cops,i
tuuon--e'ery principle OF right Of Justice and Of no.
nor. What then, IL our situation We are about 10
Pioeeeu ~ 'e absence OF the highest sanction v,de,
~hi1h hieo can sct Who can administer the o,a
Can you, sir No. Can this BODY No r o',"
be administered except by special ord, .,l : '',
propose that II be so, although regard the procssd
as informal Those gentlemen then. act ~ MS
city Of private individuals without the b,gh ,.,
required by tho Constitution and the laws. s,d Wa '
tribunal 10 which they Will feel themselves snr,.hI
Will be party allegiance. do not choose To ,,n.t
self or Others without all the secury tia, can he ,b,
around US ! submit that, without the aduu,,op =
such resolution as nov PROPOSE you canno ,rrr,.
The attendance ,wltnesses-that YOU are Inmate,
and you Will expose your impotence TO the NATHAN W..
TO the world MI. 1. concluded by offering the f.rs.
ing resolution
RESOLVED, That the committee raised on the New
Jersey election have power send for persons and M,
pers and to swear witnesses, and that the members 6
said committee be themselves sworn before entering
upon their duties.
Mr.. CRAIG rose 10 point of order but did no,
urge il.
Mr.. PICKENS then presented the following re.
sollion, which was read and which, he said he Of.
al rrl
league, Mr.. Thompson.
Resoired, That the committee TO be raised or the
New Jersey election be confined to the question who i.
entitled 10 the returns Of election for the 2Gth Con-
gress."
Mr.. PIcKENs said he desired to stale very simply
the position he occupied. IL the house in its wis.
dom, choose TO raise select committee on the New
Jersey election, he desired that ilshould be confined
10 some definite mode Of action and TO adisnct 0ues.
phDi mad y IaI il, -
confined to the question, who entitled to the re-
turns ofelection, as memb RS from the State of New
Jerseylo the 18th Congress. He concurred in the
remarks which had been made bv his colleague Mr.
w Thompson, in regard TO the difficult position IN
which The house was now placed He Mr. p. had
understood that the house would be thus involved
and therefore he had voted against the resolution OF
the gentleman from Virginia, Mr.. Wise. He had
voted against The resolution OF his colleague Mr.
Rheit, hich was adopted as the order of this house
He, Mr. p, foresaw or thought he ioresaw the very
difficulty with which they were now about 10 con
tend. And he would here take occasion to say that
he had voted against the resolution of the gentleman
from Virginia because he, Mr.. p, desired differ
ent mode Of action. II he had been Called upon 10
vote on that resolution on the first second, or third
day of the session. he would have voted in the afN-
native. He did think, when he came here, that the
certificate of the Governor ought TO enitle the mem
bers holding it TO be called, to be enrolled Tor
organization. He thought so before this discussion
ing simply that efficiency might be given to the or
ganizaiion Of this house. The house, however,
chose to pursue different course. This was his
open sentiment and he had never attempted 10 dis
guiSe it. He thought il was due TO the country
that il was due 10 order, that the house should have
pursued that course. He thought il was due TO the
country that that triumphant party denominated the
republican party, flushed as il was with vic,ory
should have taken that course. He repeated this
was his sentiment, aud he had never disguised it,
he hOQSe Ia tai fla mi
course; and il had been involved, day after day, in
scenes which, to say the least, were Of very little
credit TO the American Congress. II was TO avoid
these scenes that he desired the he had spoken
Of should be taken. But the house thought proper
to allow testimony TO be brought forward. True, il
was testimony not exactly formal, but such as emit
tied him. being Judge uL der the constitution de-
eide the simple question who were entitled TO The
returns. Thus was question made under the con
stituton itself, and he commended that the house had
right to decide that question, and could have de
cded it the very first day. if they had thought proper
lo do So
Mr. p, here read the following clause from the Con.
s,itution Of the United States
Each House shall be the Judge of the elections re-
turns, ard qualifications Of its own members"
1t will thus be seen CONTINUED Mr. p )that the Con-
sti,ution itself makes three distinct subjects upon which
this House Judge and declde--uamely, the cleo
tons, returns, aud qualifications OF its members /
contend that these are, their nature, distinct cues
tons You may decide that member, returned by the
ina jory of voters, entitled to the returns, aud
you may decide that he is totally unqualified under the
Constitution Suppose, for instance, ths.a msJority Of
voters should return here man under 25 years Of age
or an alien. This goes the qualification II The
Der and contend that il he held majority Of votes at
the polls he would he entitled to he returned but that
lie would no. be qualified to take his scat And this it,
illustrates tho whole matter, that the questions are in
their whole nature distinct aud separate. So i, was
said man may have majority at the polls, aud yet
may not be elec,ed-aud so the House might decide
tina, man was member and yet that he was not en-
titled to the returns.
Here, in the development and progress of this case
we have notorious fact admitted admitted by
the papers-admted by the gentlemen from New Jcr
scy when questioned upon this point-,hst is to saw