Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1839-12-16

an appeal from those who claimed to have beer
injured by an improper exercise Of power. Thu
was question affecting the great interests Of thu
country, and the principles Of our government
40 him this was no party question to him 1t mat
tered not who wns Speaker or Clerk. If he hat
his own will, he would be disposed to advise III,
Imposition not to have their Speaker, 1t they con'd
but to let the Administration party elect then
man, show their hands, and take the rcsponsiblli
I of their own measures. lie adverted to this
2 imply to show that in what he said he was not in
huenced by party considerations.
He repeated, then, tint according to the politica
law which regulated the intercourse of all indie
pendent com:nunitics, the authority delegated
through the constitutional organ thereof must be
respected by all others Would the gentleman
from New York, mir. Vauderpoe) contend thai
1t was not competent for and the duty OF the
States TO appoint judges Of election, clerks and
sheriffs, to erect tribunal TO decide whe was e.
gally and constutionally elected? The gentle
mnn would not assume snch q position % oil adj
united its correctness. Well, the tribunal thus
properly constituted in the state Of New Jersey
had, upon an examination OF the votes md re-
turns, and every thing SO far ms he knew, deter
mined that certain individuals, six in number,
were legally elected and had given them patent,
a certificate, Tor whatever il might be caed) un-
der the great sell of the State, clothing them with
the authority TO come here aud legislate.
Did not this decision stand ia force until re
UeHIeu III lDU proper way Ana IfftI COOlU Only
be done 10y the power reserved to this House by
the Constitution Of the United States, which gave
the House the power 10 decide on the returns aud
qualifications of its members. II there had been
error abuse, or FRAUD mn appeal lay to the House.
Was there any other mode, National or State p
He had been a long time a witness of, and pari-
cpator in the proceedings Of legislative bodies in
his own State aud here bur this was the first time
IN his life hehad ever case occur in which
objection was made to an individual having reg,i~
lar credentials, or patent, or power of attorney,
from the constituted organs of his State, taking
his seat.
Mr.. p. did not doubt that tho members Of the
Houee bud right to vote but the question was,
who were The members? who were entitled 10
vote and by what exercise of arbitrary power
would gentlemen determine that the state OF New
Jersey should not vote 3? This WAS q eston
which must be settled, and the House must he
cleared of all but the constitutional number. How
duo they assemble there? As gentlemen; not TO
play any low game Of party. They were bonnd
TO look at the certificate of his election, and rs
honorable and candid men, they were bound so
recognize linn al one of their body, if they were
satisfied his certificate was right.
This was state Of things calculated to ala m
tho friends of constitutional liberty and equal
rights. No state should be shut out from its rep
resentalon; and, in every point of view in which
the matter presented itself to his mind he was Of
TO be decided that no one should take his scat I'M
less he came with credentials according to the
laws'oft the State. He was ready 10 act his part
independently, aud TO do justice to all.
Mr.. p. concluded by protesting without person
al dlsrespect against the Clerk being permitted to
read or make any explanation or protest aGd
against the members from Massac husetts orsK eis-
lucky being driven from their seats by the -ifrr,I-
sion OF an unconstitutional number, and being thus
left without chair or IA stool.
MIR. Ayerigg rose and asked the Clerk to s'ate
whether, when he and his colleagues presented
their credentials TO him, he did not acknowledge
that they were full, formal, ahd sufficient, AID
such as had uniformly entitled members from New
Jersey TO take their seats.
Mr. Cave johnson OBJECTED 10 the Clerks an
swcring to this question, uness he WAS permitted
to make full statement.
lSome confusion arose, which rendered it al.
most impossible to hear what going onl
Mr.. Jenier insisted that the Clerk ought to an.
swer the inteYrogatory. Ii was one to which no
man but himself could respond to; and as man
ofhonor he ought to answerit. He (Mr ~ had
no personal feeling to crafty in this matter. ibis
intercourse with the Clerk, however slight. had
been such as 10 impress him very favorably with |
that gentleman and the object he (Mr J.) had in |
view was TO releave the Clerk from the responsi
bility which his friends had placed upon him. II |
was not tie opposition party, but his own friends,
who had placed him in this unenviable situation.
1t was an attemptto PREJUDICE the case.
Time luis usfarther'to continue, 4Orthe present, |
the report of the days debate. Those who spoke,
after Mr.. Jenifer were as follows
MIR Weller OF Ohio, strongly against recogni.
zng the NewJersey members: he was followed by
MIR Thompson of South Carolina, who briefly
expressed his views OF this question, and of the
danger II not the impessby, OF departing from
the established usage of giving full credit to the
certificates ofelecton issued by Governors of the
states.
Mr.. Randolph of New Jersey, who vindicated
Iovcrnor remington, OF his state, in his cliarac-
ter as the recognized and approved orgun Of the
people of New Jersey, from mputaons cast up.
ON him by Dir. Weller
by this time 1.-THE day being heavy and lower
ing) night again made its approach percepti .le
and general but confused call for adjournment
drowned the voices of moro than one member
who was on his legs intending to address the
house.
The Clerk. having stated the proposition to al
journ was about TO declare il be carried by gen.
eral consent: when
Mr. Gushing objected 10 any adjournment with
out.a vote OF the house upon il. lie raised this
objection in reference to the decision Of the Clerk
yesterday, that in the present organization of the
house, no vote could be taken
Some hurried conversation took place across
the house on this point, in which Mr.. Wise, Mr.
Mercer, Mr. Profit, and Mr.. Gushing took part,
she latter gentleman reminding the members that
at the first session OF Congress under the consu-
ton, the members ofthis house met aud adjourn.
ell daily for three successive weeks before it was
able to form quorum and elect its officers
Finally, the Clerk declared that majority in
his opinion, were in faver Of an adjournment to
~ o'clock, and so announced the adjournment.
"a count! count" was called for amid cries
of"No! no no !" and the members slowly dis
persed, one member audibly exclaimlng ia the
midst Of the hubbub, snow we are mobi"
WEDNESDAY, Dec. 4.
In the Senate nothing done.
In the House, MIR. Wise presented the following
resolution:
Resolved, That the Representatives of the Con-
gress OF the United States now assembled, to re-
lieve themselves of the embarrassment and diff
eul,ies which ut present obstruct the organization
of the house, will proceed, by the acting clerk to
Ii