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

The House was further addressed BY Messrs Cave
Johnson, Wise. Tillnghsst, Rives Of Va and Ogden
Hoffman after which,
Mr. GRAVES, OF Kentucky, offered the following
as substitute for Mr.. Wise's resolution
Rssoiped. That the Acting Clerk OF this House shall
proceed with the call Of the members from the different
States OF the Union, in the usual way calling the name.
OF such members from New Jersey hold the regular
and legal commissions from the Executive Of that State
Mr.. c. proceeded TO advocate this proposition in
speech oi great animation.
Mr.. CRAIG, Of Virginia. expressed regret that any
thing should have occurred 10 mar in any degree, that
spirit Of general respect aud which had been
manifested during the first stages Of this debate.
The debate further continued, which our space
will not permit to give. by Messrs Randolph Cralg
Chinn. Graves. Wise, Pickens, Bernard and Mr.
Cooper Of Georgia, went, at some length, into con-
suuional argument and mace strong appeal that lie
House should take the highest evidence IN posses
son-belng the commission Of the Executive Of the
State Of New Jersey. He replied 10 portion Of Mr.
Pckens observations. and addressed himself with EN-
phass the constitutional Argument 10 the strict con-
| structonists Of the House.
| Mr.. WISE then obtained the Hoor but on the urg.D,
request Of Mr. Stany. yielded it TO that gentleman
| MIR. STANLY then appealed to Mr. Wise to NEE,
the wishes Of many Of his friends BY taking sober re-
publican, second thought, and to Withdraw his resolu-
i ton.
| Mr.. WISE intimated his intention to do So hut, be-
fore he did so, proceeded TO make some additional re-.
4 nd
the prospects ofihe controversy
MT w, al the close OF his observations read an ex.
\ tract from the New York Times of November 20 and
which the Reporter, happening have in his possession
here inserts 80 "
About the year 1914, case similar TO tina, Of the
| New Jersey members occurred in this State dis
puie arose between two persons each claiming 10 re-.
present the County Of Ontario in the Assembly /,
may Ia recoec,ed that, under the Consttp,ion af n
State as 1t then existed, oil the officers OF the t,.
ment were chosen by Council Of Appointment select,
ed by the Assembly from the Senate. Under tins reru
lalon the party having majority in the Assembly had
OF course The power Of filling all the State Offices with
their own partisans. Among the candidates for Assem-
bly, IN Ontario at the period referred to, were Henry
Fellows, Federallst, and Peter Allen Democrat.
by the law, as 1t then stood, the inspectors Of cleo
tion were TO make return to the clerk Of the nun.
Der oil votes cast for each candidste and that officer
was to make return to tho county clerk, whose dli
was TO add up the votes returned from the several
towns, and to give certificate Of election the cad
date or candidates having the greatest number In
fact, Henry Fellows, Federal, was elected hy heavy
vote over 7. Allen, Democrat; but the Clerk Of one
| OF the towns where Fellows had large majority in
making his return TO the county officer abbreviated the
Christian name Of the Federal candidate, and returned
SO many votes for Hen. Fellows The clerk OF the
county, under the advice Of Mr. Van Buren, then Al
torney General OF the State refused the votes
thus returned, and rejecting the from that entire
town. declared majority for Peter Allen, to whom he
presented certificate Of election The vote OF Allen
gave the Republican party predominance of one IN
The Assembly, and Of couise prevented the Federass
having the same majority. Allen and Fellows both ap.
peared and at the organization of the House, claimed
The seat. Mr. Van Buren, the Attorney General, had
the management in the affair behalf OF the Repub.
icans, and the late Elisha w ams acted for the Fe-
deral party. Mr. Van Buren, claimed that Allen
the cerhed member, he entitled his in the
hrst instance, and that Fellows, even ii the rghul
claimant, could only Obtain bya vote OF the Assembly
after should be duly organized This, the correct
constitutional doctrine, prevailed. Mr. Allen took his
seat-assised IN choosing council OF appointment
By ach,ch Mr.. Haa Baren retained The office of Anor
ney GeneraL-and then was ousted; Mr. Fellows
right being conceded by the unanimous resolution of the
| House"
Mr.. w. concluded by expressing the belief that this
must be good authority with large portion Of the
members of the House, and that 1t took precisely the
ground for which he had been contendng And there
upon, Mr.. w. withdrew his resolution.
The question then REQUIRED on the resolution offered
by MIR. HUNT, and which is as follows.
Resolved That this House will now proceed to elect
a temporary Speaker. allowing the members from New
jersey producing the evidence given according the
law of that State) to vote the question That the
Speaker thus chosen shall appoint Of the Commit
tees OF the House. That the Committee OF Elections
shall be chosen by ballot And that, after the question
on the disputed shall have been settled by the
House, we will then proceed to choose Speaker for
the Goth Congress.
Mr. HUNT made some remarks in support Of his
| proposition. :s.:.* .... ~
Mr. UNDERWOOD followed in an argument IN
support Of the proposition Of Mr.. WISE the only
practicable mode which appeared to present itself Of
extrica,ing the House from the perpexiy in which II
had been involved by the act of the Clerk. He con-
cludcd by saying that he hoped that by the hour Of
meeting morrow, members would be better prepared
to vote the question and he therefore moved
an adjournment, .,...
| The CLERK stated the motion, but, before putting
the question upon j, TO the members took occasion TO
the opinion heretofore advanced by him. that
/ vote any question be taken until quorum OF
members is recognised Less than quorum may ad,
journ from day to day, under the Constitution bot IN
his (he Cleks) opinion other business can be done
without quorum
The adjournment carried by the voice Of the
majority Of members, and the House quietly as
II ever does the tranquil days Of the longest
sessl ons.