Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-10

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d,,,r these commissions have Tinii 10 - here aiit
take part .vh III the deliberations al acton q ma
body
Gan question be raised in relation. "a these returns
mean in relation IL The fact whether iicy are "r are
not LEGAL All mean 10 saw i, that no question
arises now The rcgularitys either SCI 81 pai"rs-
in the one the regularity beng c"hcrdca ana u
The other the lrreenlari,y beng conceded. ha' 'i
remains do not profess Ia have nl'ci. experience ~
tpislaou or III matters Of Government, nut IL mas
struck nv mind with great surprise that gentlemen
should contend that this body, previous I" Inc circ
of Speaker, entertain, much less drclde "Poh '
question how the popular vote OF New jersey went III
the election of Representatives in the year l-- There
NAV b., some strong ohliqulty resting upon my NINA IN
rcGard to this matter and if 50, should be glad TO be
d,sabnsca of it Such my views ar" VIII take tli'
liberty 10 present them 10 the House ana w ask can
did answer Ia ilcn.
hold the House, i'll It's present state, incompetent "
decide ou.stion IN relation the popular vote q" New
I.rs.v t,,r,er than any question may hc involved III
the of the commission presented Ia Ms accord
mo ia the law Of that state The House Z" RrircScn-
tatiycs Is constitutional body, having certain consstu-
tioual du,ir> assigned 10 IT, has duties OF legislation
duties Of appointments and duties judicial 10 perform
How can those duties be performed before Il has been
oruan,zcd by the election of Speaker Can we cgS-
late: Can pass laws; Can We pass resolutions
HAVING The force Of laws No; not man here viii so
contend Can make appointments to Office: ole
apponIlnrn We can make, from the necessity OF the
casciIat is the appointment Of Speaker. That IS The
only one Can we elect clerk, doorkc"pcr, or ser
r,an,.aarmlS until We organized by me 'i'c'oh
of Speaker: NJ; man will contend tila' we can
Irt MS come 10 the most important oil all the duties
imnoscd on the House Of Representatives By the Con
s,tu,or of the United States mean lis judicial pow
ers What can YOU do in your judicial capacity before
organization Can YOU PUNISH an "lrnu'i" h''iocr
That Is one ri your powers. an YOU "Acl llciipcr
Tha, another. Can you arrest any ,t"'VI"oal 'or
breach of privilege That is another. Can YOU cxrr-
csc the solemn power Of Impeachment, or entertain tl
question Of impeachment, or determine upon II ~"
man will say 50. No such power belongs TO us IN our
present state We'll, II YOU ar" moi the JUDICIAL pow
or have YOU the least remaining judicial powcr-thc
mower to decide IN relation t" contested seal ~ lhS
House: Have vou the power 10 EJECT one mcanrr
and place another in is seat. Nay, nave you inc
power 10 ,rcta whole delegation from Their seats ana
Ia nut others INTO their places that most tremendous
Of all powers vested ~ THIS House lty"u can do thS,
am sure iha, some gentleman viii do me the favor by
and by To saw So bcsccch him 50 I" do nat : 10
be the form OF procccdn. Are we I" S!t here in grand
committee; or are We to appoint Il sio-c"lni''''' an"
refer the matter To thcn Who shall appoint the conf
mittcr Shall the Clerk Are we TO have Temporal
~ sneaker appointrd Is the committee 10 be elected
by ballo, or rira rOce' And when the committee Is to
sit on this solemn business, will 1t be subcommittee
or Committee of the Whole: How you 10 try it:
Where are you to get your witnesses: How: WI
YOU send for them: b. whom What authority ha"r
vou to send for them: And when here what author,
* have Won To administer the oat Gentlemen VIII
find on very little reflection, tina, We should he thrown
INTO ncytrcablr difficulty and confusion we attempt
TO exercise the judicial power Of tins House before or
uanizatjnn.
Bu, there j another point. Under what sanction
l you undertake 10 hear ry and determine III" mn
purtant Question Of contested election shall II he
under the usual sanction Of an cath: ne 'nhStilu-
ton requires Us take oath. The Constitution e.
nants that should take an oath bt"r' Hrofm"'%S 20
business II is expressed III words, b the Con
ttuton expressly requires that should take an oa,i
To support the Constitution OF the nitcd SAFES ana
can vo perform part al your duty before the oath Is
taken and Sucn part as you please To De per
formed after: Will gentlemen proceed withon; having
,akau the oath: 80: upon reflection am sure they
viii not feel confident in asserting that no gentle
u,an who is 4 member of the House "i Representatives
would ice. himself al liberty to SIT as Judge upon
question OF contested seat without having hrSl taken
the oath.
Bu, that is not all We have law upon the sub.
cc which So far n remember have heard. .as not
even been alluded TO III the course OF 'hlS dcha'r.-
That iaY requires to take an oah before We pro-
cccd 10 any oic- business than the election OF speak
or MIR B. here read the provision, ana proceeded. }
YIN gentlemen say they can rrocccd-that the oath
.lonl,i he administered BY whom The law re-
cures that i, should hc administered by the Speaker
aad no other nc'iunary Is known l" The law under ON
Government, hv whom Tia, urn:ncrs can II" sworn j.
MOI this 50: And il gentlemen pr"po>" I" proceed e
lie exercise, o tbs extraordinary judicial power win
out ta,inr In. oath or after taking 1t :" hen administer
I'd hy anogr person thar Tia" -e"tSr' W" ct NJ -"
thai VIZ. arc III" Ind> OF revolution" rom NE mo
mon, sur dee !sun Is formed, adopt rrv"u1mn
ar, ,rhurnl-you adopt revolutionary body, and y"l
,,.ri,, thar that revolutionary body shall take a.
oath according 10 Your forms and I" II" aG:nittcd a
YOU may point out, !: i for these reasons iha' Zee
entirely opposed /" III" c"urs" proposed by Inc ,IrrH
ana also "a the resolution oi the gcn,cman from n
",n;a MIR Wise am opposed 10 II because hc!Icv'
,aa, there is question which the House Is GALE
10 pass, or upon whic! il is competent to pass VI
question 81 any kind description IS, or Is likely
be hntor" the llnisr, asking or demanding action
I What, them rr,Iiail,s. 30 not enter mt" the lucs
ton whether tii IIo,>s has TIE right; {" try Tie con
nictlnr claims of gentlemen coming here, and bear
nr with thc.n what they clam TO la Tie LEGAL "vi
drncc OF their election. 10 my mind We iiav" no
thing do with tIlat and consider II IE'p"rah,
in our present embarrassed condition. to AVOID ever,
oucsfion not absolutely necessary IN decided Nhc'
that case arises shall bc ready to nee; Il. As yet,
has no, arisen And, the other hand, II is mon
stro.is proposition, - mind that v" shomd, Tor
moment, contemplate proceeding to the performance
a hig! judicial duty IN present partial" HrFarzc
state WHY pass New Jersey by II would make yer.
little difference, apprchcnd, as regards the dignity 0
the power that State, whether she is called first or last
Standing where she does the centre ol Tins great Con
f.dcracy, ifthc very lap III which the mon might re-
nose and be- Sat"-whcrc the South and the North NIGH
meet as on middle ground 10 study and Ia learn The
pur,ant of parntS of devotion 10 her country
written on her plans and IN her camps-whcrr, with tn
best blood of the Rrv"Iusion ail' mingled that OF he
own misunderstanding, say, where She does, call he
first oi call her last, you cann" take away from he
position or hcf powcr. Call her first call her last
do but call her 10 her duty, and she will be prompt Il
obey the summons Bat, ask again, why pass he
over: haze rndcavorcd 10 demonstrate that you have
no reason to do So that the which you offer doe
no, cxs, in point of fact You say you want quorum
For wha, purpose; Will any gentleman tell ne'
Il Let the State Of New Jersey bc called in her place
Let her not thus be struck out. say to the Clerk AM
to the gentlemen who has friends on this floor, IL
him proceed. He has said that with the permission
or by he pleasure of The House, he will pass over New
Jersey trust ,l:2' hv this time, h is well INFORMED
that il j. not The pleasure o: lars" portion Of tn,
members of tins House that he should pass Der over
II am not entirely mistaken III my argument, II Is The
duty 81 the Clerk to proceed. Let HIM do II "
could adopt the resolution Of the gentleman from Ken
lucky, orr. Graves without involving ourselves II
sro her question surrounded with doh, and difficulty
would. Tor my part, consent to do so But, does
not the gentleman now conflicting the opinions ar.