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

that as In high party times great injustice might be
done 10 portions Of the people who might be deprived
OF their rights the power should be reserved TO ms
house To Judge OF these matters and 10 hear an APP
peal from those who claimed TO have been injured
by an improper exercise OF power This was cues,
lion affecting the great interests Of the country ana
the principles OF our Government. To him this was
no party question 10 him IL maltered not who was
Speaker Clerk. II he had his own will, he would
be disposed to advise the Opposition not 10 have their
Speaker, II they could; but 10 LEI the Administrator
party elect their man. show their hands, and lake me
responsibility OF their own measures he adverted
TO This simply 10 show that in what he said ne was
not influenced by party considerations
He repeated then that, according to the political
law which regulated the Intercourse OF all indepen-
dent communities, The authority delegated ihrouSh
the constitutional organ thereof must be respected ~
all others Would The gentleman from New YORK
MIR. Vanderpoe contend that IL was not competent
for and the duty Of the States TO appoint Judges oil
election, clerks and sherifts 10 erect lrlbunalo de-
eide who legally and constitutionally elected
The gentleman would not assume sueh posll,oa-
all admitted iiscorrectness Well, the tribunal thus
properly constituted in the State Of New Jersey had,
upon exami iation OF the votes and relarns ana
every thing far as he knew determined tnat cei-
tain individuals six in number were legally elected,
and had given them patent, certificate, (or what
il might be called under the great seal Oh Inc
State clothing them with the authority 10 come here
and legislate. Did not this decision stand 10 force
until repealed in the proper way2 And that could
only be done by The power reserved 10 this house oy
the Constitution of the United States, which gave
the house the power 10 decide on the returns ana
qualifications OF It's members. Ifthere had been error,
abuse, or fraud, appeal lay TO the house. was
there any other mode, National or Staef lie mad
been long time witness Of and participation 10 ine
proceedings of legislative bodies in his own Stale
and here but this ashe first lime in his life he had
ever seen occur Ia which objection was made
10 an individual having regular credentials, or pa
tent or power OF attorney, from the constituted OF
gans of his State, taking his seat.
| Mr.. p did not doubt that the membefs Of The
had riuhl IN
| VIII, were the members who we're entitled to vote?
and by what exercise Of arbitrary power would gen,
tlemen determine that the State OF New Jersey should
| not vote This was a question which must DC sell
! tied and the House must be cleared of all but The
constitutional number How did they assemble there!
! As gentlemen; not 10 play any low game OF party
They were bound 10 look al the certificate OF ms eec
lion and, as honorable and candid men, they were
bound to recognise him as one Of their body, II they
were satisfied his certificate was right
This was a state OF things calculated to alarm the
1 friends of constitutional liberty and equal rights
No Stale should be Shut out from lis representation
and, in every point of view in whichthe matter pre-
senled itself to his mind he was OF opinion that
must be taken and il ought 10 be decided that
no sh ud take his seat unless he came with Gre
dentials according to the laws OF the State. He was
ready 10 act his part independently and to do justice
| to all.
Mr.. P. concluded by protesting (whout personal
dsrespect against the Clerk being permitted TO read
or make any explanation or protest; and against The
members from Massachusetts or Kentucky being
driven from their seats by the intrusion OF an uncon-
slituional number, and being thus left without
| chair or stool ~.
Mr. RHETT rose to call the attention Of the gen.
tlemen here assembled 10 The practice OF the Clerk
| as regarded the power OF putting questions TO the
house. This morning his impression, founded upon
old opinions was, that the Clerk had no right TO put
questions, and that the members had no power to
Vote; but, on looking to the Journal of the last Con-
gresS, he found Il to be otherwise. .....
Mr.. r, then read, and commented upon, extracts
from the Journals in relation 10 the proceedings in
the case OF Gholson and Claiborne, al which time
the Clerk (the late w. S. Franklin Esq put sundry
questions, upon which the members had voted. The
same course had been pursued in the Oath Congress,
(and MI r. read extracts from the Journals.)-
Hence, Mr.. r. contended, the Clerk had right to
put questions and that the house had right 10 vote.
Mr.. WISE replied to Mr. RHETr, denying The APP
pcabity of these precedents to the present case.
Mr.. RHETT rejoined, in vindicaion Of his for
mer position. He was DESTROYS Of doing one thing
at time. Should the Clerk put question, or not
| When that was decided other questions must follow
| For his own part, he now gave notice that he did
not intend 10 sit down under any fraud perpetIated
on this floor. II Speaker was elected, and COM
mttees were organized and it should afterwards APP
pear that the result had been brought about by fraud
he should feel it TO be his duty to move that the whole
organization should be dissolved, and that the house
should pursue such course as justice and The Con-
slitution should dictate.
Mr., JENlFER rose, and proceeded 10 assign his
reasons why he had been amongst the first 10 object
to the course adopted by the Clerk
Mr.. }. had no desire TO impugn the motives of the
Clerk, nor did he hold him responsible for the deci-
sion he had given. He commiseraed his situation.
| The Clerk had done that which he dared not refuse
to do-he had taken upon himself responsibility
from which others shrunk. Never would he have
veniured to refuse their seats 10 whole delegation,
save one-a delegation coming here under regularly
authenticated documents-had he not been SO ad-
! vised
Mr.. AYCRIGG, with the permission of Mr. Jenifer,
| II ,L,T uhothar hp anI
his colleagues presented their credentials to him, he
did not acknowledge that they were full formal, end
sufficient and such had uniformly entitled members
| from New Jersey to take their seats. w..
/ Mr. CAVE JOHNSON objected to the Clerks
swerng this question: unless he permitted to make
| a full statement. r.
| TSome confusion arose. which rendered it almost i'm
possible to hear what was going on.l
| Mr. JENIFER insisted that the Clerk ought to
swer the inteuogatory twas to which
but himself could respond and, as man OF honor ne
ought TO answer it, lie (Mr. j. had personal feel
ing to crafty in this matter His intercourse with the
Clerk however slight had been such as to impress him
very favoraby with that gentleman; and tho object he
(Mr had 10 view was to relieve the Clerk from the
responsibility which his friends had placed upon him.
1t was not the opposition party, but his own friends,
who had placed him in this unenviable situation. 1t
was an attempt to PREJUDICE the case
Mr. j proceeded in his remarks at some length in
the course Of which he inquired Of Mr. Rhett whether
he considered that the Clerk ought to be allowed to
state his reasons, which nterrogaory Mr.. X. said he
| would, in all fairness, answer IN the affirmative
Time fails further continue, for the present. the
| report of this days Debate. Those who spoke after
! Mr. Jenfer we're follows
Mr. WELLER, of Ohio strongly against recogni-
zng the New Jersey Members He was followed by
/ Mr. THOMPSON Of South Carolina, who briefly
expressed his views OF this question, and of the dan
ger if not the mpossiblity OF departing from the
,ahlshed usage Of giving full credit to tho certificates
Of election issued by Governors Of the States.