The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-04

was 10 prevent the names OF The other Eve being
cal.edl The Governor Of New Jersey had ordered
his representatives 10 be called, and he was TO be
heard but the people Of New Jersey had ordered
their representatives 10 be called and they not
10 be heard. This was matter in which the rights
OF the people were at stake.
He considered all the propositions which had been
commended for by the gentlemen on the other side as
impraclicable, Nothing could be done 10 the matter
until the house had adopted the proposition OF the
gentleman from Virginia, Mr.. Rives) Before
decision could be had Il would be necessary take
INTO consideration the law of the State Of ~ Jersey,
but that could not be done now because this not
an organized body. Here was the sacred chart that
guided US (poiniing to the Constitution OF the United
States) But, in deciding this matter, the facts
well as the law must be considered. Each house
shall De The Judge OF the elections returns and quail
hcalions OF lis members; and majority Of each
shall constitute quorum 10 do business" [reading]
The house must be the judge Of the rights of its
members. Was there any law 10 contravene this
provisions Ii the Governor OF New Jersey dared
10 contravene the rights of members OF this house.
LEI his acts meet the contempt they merit He MIR.
b. had been told that this debate had been GOT up
here as mere catch, TO preoccupy public attention.;
and he doubted whether The Executive OF NJ. jersey
had even acted in conformity with the law of his
| own Stale. A majority of the people Of his State
thought that he had not. The Constitution then
gave this house the power 10 take the matter entirely
into It's own hands. But what first to be DONE
The house must be organized The gentleman from
Pennsylvania had commended that now was the time
| 10 take This matter into consideration How By
| whom} Not step could be taken until there was
some organization. Mr.. b. then proceeded to vindi
cate the course which the clerk had taken. A brief
| intermediate explanatory conversation ensued be-
| tween Messrs. Bynum, Slade and Mercer on other
points, and Mr.. BYNUM concluded his remarks by
reading an extract from the journals in the Of
Moore and Lecher and which he cited in support of
/ his own opinions.
Mr.. GALBRAlTH expressed views correspond
ing with those taken by Mr.. sIaDE. He conlended
Il hat al II
| present place was simply geographical one, and
that no inconvenience could result from passing her
| over until the House had organized The Clerk had
acted upon the principle that he was not TO decide
who were members, and in that position Mr. g. sus
tanned him.
| Mr. G. then took occasion to advert 10 a statement
which had been published in certain newspapers
which represented him as having made use Of Ian
guage at meeting in his own district on the sub
| ject Of this contested election, and which language
/ Che said) had been totally perverted.
Mr. EVERETT said the House seemed 10 him to
De under great embarrassment and he hardly knew
how 10 get ont of il. II would be very unfortunate
| for The House and the country fthey should remain
in this nnorganized condition. Hedesired that there
should be as speedy an organization as possible.
The Clerk took his seat under what was called
The law OF Parliament II was true that, by rule
OF this House, not now obligatory, the Clerk remain
ed so until successor was appointed He took his
seat, and whatever act he did, he did under the law
OF Parliament. The usage had been that the House
should take the intiaory steps 10 produce an orga-
nization. No one could doubt that this House had
the power OF It's own organization. II could not be
Without The power to produce perfect organization
| The course had been for the Clerk TO make roll
and, by the law OF Parliament from the beginning Of
The Government to this day, only one question was
submitted to the Clerk, and that was question of
necessity; the question Of the returns submitted
to him, but nothing else. He made out his roll from
such evidence as was exhibited that was the only
question submitted to him; and before he could be
Jusned In mol entering some person on the roll, he
must be satisfied that there had not been legal cleo
| ton. The question is, whether the return, on the
face Of it, is legal one Had the Clerk intimated
any doubl on this point? Not at all Until he has
done this, his Mr. EvERErrs) opinion was that there
was no question before the House But suppose this
was done If a return presented which, upon
the face OF IT, the Clerk bought not right was il not
his duty to inquired He might report vacancy,
or not put him on the roll but Mr. Els opinion was,
tha such roll as the Clerk thought proper 10 make
should be gone through with before any question
was entertained. Virtually, the Clerk had passed
the opinion that there person legally returned
from the State OF New Jersey. 1t appeared to him
Mr.. f., that, right wrong, the roll should have
been called through without question: and thar then
this question OF infested seats would properly have
arisen. He would always presume in advance that
the Clerk would do his duty imparlally But the
question OF doubt as to an election never
be submitted to the Clerk; the only question for him
was, who had the legal returns? There must be
some Wayof proceeding to an organization, and the
only practical way seemed 10 him to be that the
Clerk should go through the roll, right or wrong,
whatever il may be- & then the house might proceed
10 act, and were competent to act, by majory-not
to decide the question who were entitled to their
seats but TO take the question merely the returns.
After Mr.. EVERETT concluded
Mr. CRAIG addressed the House bu, from posi-.
ton unfavorabe to the Reporters hearing him. The
general scope Of his argument however was that in
Of difficulty, of real doubt in which Investigation
was necessary IN reference to the contest for seats such
as he maintained TO be the question before the House.
the obvious course for the House was to put aalde
| the case until that investigation could I've had Prma
actc evidence, he maintained, sufficient 10 en-
title members TO seats in the House; and for the sake
| OF argument, he supposed Of papable fraud,
sanctioned by all the forms Of law-and demanded
whether in such case form Of certificate could
be considered as giving title to seat, &c.
MIR. MAXWELL rose, Immediately on Mr. CRAia's
concluding, in order he said put an end to an un-
founded assumption which had been made in this de-
bate. II has been assumed, said he, that we come
here and demand seats upon a mere prina facie
evidence of claim to them. Such, said he is not the
TACT. have ascertaned to my satisfaction that ace
hare reecircd majority Of the legal potes of the STATE;
and, fair Opportunity be given, believe that we can
establish that fact beyond the possibility of doubt We
present here our certificates due form Of law emit
ting US to arrive at the state in which can establish
the fact upon conclusive evidence For that purpose
we come here commissioned by the Governor of the
State Of New Jersey In reply to another observation
which had been made, that the people and the Cover
nor OF the Stale are at variance in reference to their
| title to seats, where Mr. NJ asked was the evidence
Of that TACT! The Governor the organ through
which the opinion Of the people Of the State is ex-
pressed and SINCE he had given the certificates OF cleo
ton to the Representatives from New Jersey, both he
and every member Of the Council, by whose advice he
had in that acted had been again elected TO the
Offices they then held We present ourselves here
(sad Mr. M with credentials as fair as those Of any
other members of this House. II there be no posi-.
bily Of doubt as to the legality Of these creden-
tials-not to 60 beyond ,hem--why is distinction to
be set up between the rights Of the Representatives
from New Jersey and those this floor from any other