Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-05

; . ,b:cb ,n,st decide who were primd tartt inri-
hers from New Jersey. What whs the fionSc ~ ~.
nrcscn;avcs Was 1t necessary that II shouiu nc "
r,n:zcd before il could act 1t seemed to nm not:
VII ,,os lo orrunzn it Five gentlemen en- one s!"'
Insisted thew mast vote ~ the rrgah'hali
ntlcrs insisted a hard on the other sac wa. '.
mus. and the others must not ~ SOON d. ,'ei w.
rnorum there was IA body which was PRO h"t rec "
uc nf Representatives, and they We're entitled u''-
Jr IN, Constitutions 10 settle tn" q'trst'ni ih's
could as well do this they could elect span.
Tic Constitution declared that ''ihr flo'i,' "i ~,
,,rc.cntotivcs should elect Speaker; then 'l's
pr ,s.a IIou.c bcfor. they elected Speakcr-tdt Is
G,r. thcv were organized. lie therefore came, on
the whole to the CONCLUSIONS tina! as there was IL" u
:, dec;t, this question, and no body I" h' me "'s'"
TO- i'll there quorum the Yer" ~ '"' " "'
I'M responsibility, and settle It lIiiScIr.
Mr. Mercer said he had proposition to submit
r5lr. Bddlr claimed the floor. having, as he ihou@n'
r,.n first but The Clerk having n" authority 10 n,c'"r
and there being rules Of order I" decide ny WI
cave way and Mr. NJ Procccdrd.l
Nr Mercer said the gentleman from Vermont ia"
asked what use there could be reading papers when
,b.r, was nobcd, to decide upon them: Bui III" "'h
.man had in Il great measure, answered ms OVID az
rumlent He had maintained, and truly, tiat '',',
must liz, House before there could be SPEAKER "",
why. Simply from The necessity "i The cas". vi"
the same necessity existed here The gentleman WISH
cd the Clcr, 10 dtc:dr--what The Clerk Of III" iaS
CONGRESS decide who the members ci ms i"hsr'
The Clerk To make any portion OF The Helhp'fs ci'e
whom lr chose first TO call House OF ittprrSehtaNes
And this TO be done by who was himself cai'u'""'r
for the sutirarcS of the, House rs soon us ne iu can
ed 10 were they then TO decide on the rights OF al t
rest: Surely not Necessity required that Inc err mus
admit those who presented valid credentials. -'r u.
had asked to have the law read; when that Ia" was
heard the case clear one as ever had hcch pre-
scented To that House. Mr.. VI then insisted on inc r'"ht
Of each State tn prescribe its mode o conducting
and Of certifying elections and denied tina, the S'cFr
,ary of State of New Jersey had any right to conmi
cate with this House as an organ Of that state nat
/ belonged to the Governor The gentlemen here pre-
sent had the right make roll III Prm" fnr's nieii-
hers: Who had robbed them of that right: l he Clerk
of the lousc Was he 10 go contrary to the records ~
! the States: II was inonStrous idea. suppose ~
/ should chnns, to call those members only WI"
resided North OF the Potomac: would they be me
! EIous, of Representatives of the United states:
Surely not If the liotS" were as powcricsS as i'i'
gentleman from Vermont seemed to suppose, ne "a"
not where the matter TO end; they might never @'
any House at all. But necessity gave them power
Mr. NJ here referred to the Claiborne aud Ghol-
SON and the overwhelming vote by which Ii" had Been
put down in an attempt set aside their certificates on
the ground Of unconstitutional election; the House
had insisted the validity of their ccrtIicatcs, t'hogl
hcS,. had been left al homc and their own avcllchl
vas received as proofJ and they had accordingly been
admitted to their far weaker evidence than was
nov presented by the gentlemen from New Jersey lie
! imporcd the House not to say that the llcrk had
power TO call gentleman in any order he pleased, and
make such House as he pleased God forbid that
Congress should ever be reduced I" such state "l
! things rs that.
Mr. Johnson of Mary Wand, said that when he had
6r.l risen TO object against the Clerks calling the
name of any other member, he had done so from a
desire TO bring to the consideration OF the gen
tcmcn present the embarrassment under winch they
must necessarily b., when they departed from the
laws and the established usagc which had characterized
that House from the formation Of the Government 10
the present time. He desired them to discover at Gncc
how perfectly they would BE- If the Clerk was suit
crcd TO pratify his Judgment AT the expense o the
fixed custom of the House of Representatives.. Since
the House had assembled this morning. he had taken oc-
caSion To look into the past Of Congress, and he
found that il had been the nmcmorIal usage OF thu.
Clerk to call The of those who held certificates oi
returns bv the authority of the several States. rs cX-
pressed by the laws of those States. He held IN ms
hand certificate from the Governor of his State
signed by the hand of the Governor under the seal OF
the Statc-and under which certificate OF election ne
Il (Mr J) presented himself here If the House were
about depart from the usage which had up To tins
time governed its organlzat,on he at least, as mem
Der representing portion of the People, felt bound, n
once deny the authority of the House to proceed fur
ttcr and, If IL did he, for one, would not recognise
those proceedings admit, continued Mr.. - be-
cause the Constitution Declares that this House can
Judge of the returns and qualifications OF It's own mem
hers The House can either exercise us,irp power
pcascs II can, if il plcases, abuse its power by
the Acknowledgement, oi portion Of its members
.
Instrumental i'll that abuse, will !, by my voice OF
vote, countenancc recognise IT, If il is 10 BE- lief,
to the Clerk to whom he will or whom hc will moi
ZANE returned members, who can tell where the
. mischief mghtcnd; Whole districts probably whole
State, mi ht be thrown out of its representation My
course is taken If the Clerk to depart from the
uniform OF his predecessors, for one, shall de-
cline answering TO my name, and shall thus refuse To
recognise in him the authority TO do that which be-
lievr lie has right To do. The very moment he steps
I ! bpvnuI hic shall nj rrro his
acts
Mr. then proceeded to refer to the of various
contested elections, which, he commended, the very
question under discussion had been abundanty de-
Cided. He referred To the which occurred al the
first session Of the first Congress, in which the seat OF
the New Jersey delegation had been contested the
ground of iniormalitv and corruption i'll the election
To the of Spading W. Hc0dc, Of Georgia, at the
ninth Congress, first session.
i To the case of Turner vs. Bai1y nj the eleventh
Congress, first session In this case, Turner had the
majority of votes. Bay was commissioned. Turner
claimed the seat, and got ii but Baily held it and acted
as member long time
II To the case of UWiiams Borcrs, at the thirteenth
Congress- first session Williams had majority: Bow
crs was commissioned, and acted through session
and part of another, when the House. by unanimous
vote decided in favor of Williams.
10 the of HWoughby Smith, at the 18th Con-
gress, 1st session. presenting the features the
case last mcntionCd)
To the Of Rect idGmS, at the 18th Congress,
Isl session Here Adams commissioned and voted
III The House until such time the House decided that
Root was entitled In the seat.
To the case of .Nd!iory .NcrrW. Hero, III the
case last cited, Merrill held the seat long tme until,
b. vote of the House, il given to Mallory.
II Ii would thus be perceived, (lr. j. contnrcdl that
the Clerk could not b" allowed TO look either beyond
behind the certificates OF election: and he MIR. OBJ
cccd 10 the Clerk exercising the power of the Clerk,
unless he exercised it in the in which il had
been exercised l." al his predecessors that say
by recognizing those who had presented themselves
here under the high sanction of the laws of the several
States and under tle seals Of those States If there
had been fraud deception lei il be investigated The
proper time He repeated. that he for one, would not
recognize any departure from the established usages of
that body would he give his sanction 10 the excr-
cisc Of power which he doubted whether the House