Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-17
bo ro,es returned by the clerks of the counties Sir


he NAV rive his certificates TO set Of gentlemen, and
other gentlemen may be entitled TO the returns and
the proposition mean to demonstrate this floor IS,
tbat there is no authority in New Jersey competent
to enter into ana decide upon the legality Of y"trs
after they have kccm deposited III the ballet boxes
This House. and this House only, can decide upon
the elections, returns, and quail tcStlons Of rs ni"n-
hcrs Without that provision IN the Constitution,
where i, our independence Bat some gentlemen
suppose that not c"nsttni;onaiiy organized
and that therefore. can d" nothing. Allow me-
sir 10 say that there IS some conius'"n on tins SUD
ect The Constitution says. that thc Congress shall
assemble at least every year; and such meeting
shall be on the first Monday III Dccenhr unless they
shall bv law appoint different day What is Con
orcss3 Anavz. il. The members elected from III"
different States and assemble here every year as the
Constitutions directs Gentlemen suppose that "" must
take the oath before decide upon The matter
before us: bul is tins the fact: will refer I" that point
Of the Constitution which prcscribcs the oath 10 be Ia
ken il is III these words ''lhc Senators and Repre-
scntatircs before mcntloncd aud the members OF tl'
several State Legislatures, and all Executive and Ju-
d;ciaI officers both of the L. :. and of the several
States shall be bound by oath affirmation 10 support
this Constitutions" Does the Constitution prc$cr:b"
the time when, shall take this oath: DceS II say
that shall take it tho first day the last day OF
the session. The law OF 20 directs that after Speaker
is elected member of the House shall administer the
oath 10 him. and that he shall then administer it Ia the
rest of the members. But, Sir, contend, ha, when
we assemble on the first day of December, VIC are
body competent 10 decide the elections returns and
qualifications of our own members, and that We can do
50 before taking the oath. SIR, think II would be m
cypcdient though have the right Ia do 50, To enter
at this time into the elections and qualifications OF these
New Jersey members: but On the other qucstonthat
of tic not only competent 10 enter mi"
it, but IL is highly cXprdicnt that We should do So
Suppose il be declared that Mr. and Mr.. should hc
the Judges and exclusive Judges OF the returns OF these
New Jersey membcrs-Woud there be any difficulty
in it: The whole difficulty arises from there beng
PIP Judges instead of one Judge.
In offering this proposition ] have acted solely IN
consequence of the dictates OF my Judgment, and
with a view 10 olvaie the difficulties i'll which the
House is involved. | believe that tn" gentlemen who
have produced certificates not entitled TO tue returns,
and prepared TO meet that question thought
we were competent Ia decide ii on the hTSt day at the
session. and think it would have been better II We had
decided il on that day. irarlcssr, boldly, and frankly,
instead of being delayed and nys,icd by SPECIAL plead
inv have acted under the dictates oi my own lidr-
mcnt and have not bcc. influenced by party drill or the
dictates of caucus.
MIR F. after portraring in torciblc languag" the
evils flowing from party spirit, said, that for many
years past there had been too strong an Executive hc
ton in this Government, and that 1t was time Tor inc
Representatives Of the people TO spurn at Executive dc
taton, and assert their own independence. 1t was
time he said that they should redeem the House from
base subservicncy 10 that monster god, party and 10
look with single eye TO the welfare OF the country
| have introduced the resolution, Mr. T. continued,
to meet the before the House maintain that We
are, by the Constitution, the exclusive judges OF the
returns of our members, and that there IS no con
current jurisdiction in any State, Governor, Lcgsa
ure; and, in maintaining these principles, MAINTAIN
the principles that essential 10 the preservation OF
American liberty The propositions lay down are,
That this House is the sole and exclusive Judge OF
the elections returns, and qualifications Of IL own
members: =. That State officers have the right
to take into consideration the legality OF the votes after
they have been deposited III the ballot boxes; anu
- That these who have the majority OF the votes nave
right to the returns. Upon these principles voted
against Mr. Ingcrsos right 10 vote The majority
Of the votes were given 10 his opponent Mr.. Naylor
and though il contcndcd that this majority was the
result Of fraud, voted against Mr.. lngcrso because
believed that the Judges had right 10 throw out the
votes because they deemed them iraudnlcnt-at III ;"
doing they were usurping the powers ot tins House
When the question, however. comes up 10 hc finally
decided between the two gentlemen, Will meet 1t, ana
decide according the evidence before me; but pro.
test against the right Of the officers OF the State OF
Pcnnsy lvauia To Judge ot the Legality OF votes, AFTER
they have been deposited the ballot boxes. know.
said MIR r. the dclicacy OF the position ] occupy.
know that the course have adopted may be- mlS'lndcr-
stood and perhaps ccnsurcd but would not wear tlie
proudcst jewel monarchs brow, 1t could not
wear il unshackcd. There is no sentiment ever pro-
claimed in the closet tina; would not proclaim to The
world | am prepared to meet this question frankly,
boldly, fcarcssly; and am willing to 60 INTO 1t now
Mr. p. here read the following resolution
RfS0irrd That the committee Ia be raised on the New
Jersey elections hc confined Ia the question who en-
fitted To the rctlrns Of elections Tor the Twenty
Congress.
Mr. CRAIG rose To- poin; Of order. The House
had decided that il would proceed the election 81
committee and he would submit 10 the Char whether |
was in order for gentlemen to offer other propositions
Let us (Sd Mr.. ca 30 into the election OF the commit
tee and afterwards let the gentlemen from South Ga.
rolina make their propositions subscribe (sald Ar
c. heartily to all The gentleman doctrines, and so Tor
the whole Of them.
Mr. HOLMES Of 5. C. then addressed the House ia
very able and lucid argument III support OF Mr. Pick
cns's resolution: and
Mr. RIIETT follow I'd in powerful address in oppo |
ston To IT,
from the latcncss Of the hour are unable 10 give
sketches of these gentlemen remarks, hmt they VIII
BIZ gwen in full shortly
After MIR RflET'r concluded his remarks,
Mr. LEWIS gave notice that he would move re-
consideration of the vote Oh Mr. Rhetts resolution,
provided Mr. Pickenss resolution should BE- lost
Mr. CRABB then gave notice that he would move a
reconsideration of the ordering the appointment OF
committee. in reconsideration should be or
dcrcd of Mr.. Rhctts resolution.
On motion of Mr.. WISE,
The House adjourned
THE NEW JERSEY CASE
W,surNGToS Dec. 12-Thc question III regard t"
the New Jersey delegation still hangs in doubt In the
morning, HIr. Randolph offered protest against the
determination of the House excluding the claimants on
both sides. until tn" decision OF the undispuicd MEM |
bcr now enrolled and called by the Clerk, under the