The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-12-11


The only variation from that rule was in th'
case Of Messrs. Moore and Letcher. of Ken
tucky. Both those gentIemen presented them
selves before the House, aud claimed the righ
TO have seats. and the House was compelled
to take the matter into consideration; and thu
House might, perhaps, have remained unor
ganized for fortnight, il those two gentlemen
had not voluntarily Withdrawn their case unit
siter the organization. The present case
however, was one entirely different from The
one referred to. The difficulty in the presen
case was presented to the clerk himself. Con
fiicting evidence was brought into his Office
aud what was he to dol What was to do ia
TINS case! Was | 10 take upon myself III,
powers Of the House of Representatives III,
powers which the Constitution has giver
to IL 10 decide 90 the qualifications OF its mem
bep! l assure gentlemen that | have felt the
deiicacy or my situation, and | have labored
asslduously to be enabled to come to corec,
conclusions 10 relation to this question. l.
therefore, now respectfully appeal to this body
10 permit me to make a statement which have
prepared in justification Of my course on the
present occasion and | think the request Is
not Unprecedented. when the conduct OF pub
lie officer has been brought in question, as
mine has been on the present occasion.
Mr.. Jenifer asked il the Clerk designed to
review his decision Of yesterday. and call the
members from New Jersey, so that the house
might go on without his interference.
The Clerk stated that he bad taken the
course on yesterday, which he felt il 10 be his
duty TO take. and he could not depart from it
until he was satisfied that his course was then
wrong. All he now asked. was TO make re-
spectful appeal TO the House. and lay before
gentlemen the grounds and motives which in
duced him to take the course he did.
Mr.. A1ierton hoped that the Clerk might be
permitted to make the statement which he de-
sired to make to the House, without objection
being made on the part Of any member.
Mr.. .Standefer objected to the Clerks max
ing any statement. Let some Of his friends
on the floor make statement, if statement
was necessary.
Mr.. Wise thought it due to tho CLERK-in
the situation which usage, if not law. and usage
in this case be regarded as law, had placed him
- to be permitted TO make statement
A debate ensued which consumed the whole
day without any advancement being made in
the organization of the House.
The proceedings on WEDNESDAY, we cannot
present to our readers in a clearer form than
they are given in the following extracts from
the New York Journal of Commerce:
"The subject is one of such paramount i'm
pouance that the House will be, as it ought to
be, very slow TO come to a decision upon it.
They cannot better employ thei: time than in
deliberate and impartial investigation into the
principles involved in the cases now presented
Ii must be recolected that the decision Of the
House will furnish precedent for after times
and il may lead to the establishment Of some
rules in relation TO returns, TO the organization
Of the House, and to the trial of coDtrovertsd
elections. that will prevent much difficulty in
future. The British parliamentary rules on
these subjects have been adopted and modified,
from time 10 time. as new cases presented
{ for some centuries, till now they
form as perfect a system AS can be devised. 1t
could not have been expected that our loose
and exceedingly imperfect system would work
With uniformity. and impartially. and without
any obstruction. Difficulty was apprehended
from this Jersey case, as the columns Of every
newspaper will attest, not on account OF the
prevalence Of any revolutionary spirit, but Of
strong prediction on the part Of the public, TO
carry out the popular will, as fairly expressed,
in opposition to mere verbal and legal techn-
cslities. IL s 10 the nature OF our institutions.
founded as they are on free and almost univer-
sal suffrage. TO facilitate, instead Of thwsrting
the expression OF the popular will; and. we
must change our Institutions, radically change
them, before we can venture, upon any legal
srtifce. TO set aside an election. by the for
malities Of seals and commissions. IL could not
be done in England even in the time Of James
LIST, when prerogative was good deal less linn
tied than now, and when it was often brought
TO bear upon elections, returns, and parliament
'ary privileges. So FAR as the Clerks roll, in
our Congress is concerned. il is generally made
fe " tnan
ever biiDging with them their certificates. The
Clerks list is nothing, therefore, but the evil
ience that an election is a matter OF public
notorieiy. IL a certificate be produced, il is !
only pTimd Jdcte evidence Of title TO a seat |
for, after all, the House is TO Judge Of the re-
turns and elections OF its members. But this
Drinid facie evidence is good until il is dspu
led, and no longer. in the Jersey case, one |
YET Of the members we're certified by the Sec /
retary Of State and the Judges Of the Election. |
.s having been duly elected and. in addition
10 this, they had in their favor, public nororety,
the common consent that they were elected. |
The other set brought a commission from the
Governor but this same Governor in message
o the Legislature. had acknowledged that his
certificate Vas OF no avail: and that the return
would be judged Of by Congress. who would
Tot suffer the electors or the elected to be de-
,rived Of their rights. Now it could hardly 1
,c expected Of any clerk TO undertake TO put
IN his list either OF these claiming parties; but,
{ compelled to judge between them, he must.
according to the principle on which his roll is
made out. put down the party ,ha, vas backed
y the common consent TO his election. To !
uppose that Congress wonld be governed alto
,ether by mere technically 10 their decision,
sould be absurd. especially when il 10 made
heir duty by tho Constitution, TO 60 into the
merits Of the return and Of the election. But
{ is said that the certified members could be |.
in due course Of proceedings, to-
ards the end OF the Congress. after having e.
ected Speaker and participated 10 legislation,
nd done all that was expected from them to
10. under their commission aud =" broad seal"
Very true. and this would answer every pur-
,ose, II We could only get Congress aud the
,eople Of New Jersey. and the public generally,