Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-17
THE NEW JERSEY CASE.

W,surxcTox Dec. l2-Thc question IN regard To
the New Jersey delegation still hangs in doubt. In the
morning. Mr.. Randolph offered protest against the
ctr rnnation of the House. excluding the claimants on
both sides, until tn" decision OF The undispucd mem
bcrs now enrolled and called by the Clerk, under the
order of the ioSc should be- had upon the respective
claims cfthc c"m"stng parties The professors, after
setting forth their case, conclude III the following
words:
"Us IN thr pant Of our Statc and Of onrScircS, ami
IN MhdIfof onr common coutry, amt Of GH hc 0'h'r
NaisS hose rghts outra'd IN Mc r,ootioa c ours,
Ro soISmnIyproteA agdn any SWch uSnPdi'o" 81
p0,rcr gnS h0dg; aHd do utterly 1iSciai" lis rt"h 10
do an act rhirh mMb Loder a@d more fagrGm ric-
iaon of tkr Constitution IF the tni,d Sia'ts 0ndcf tic
lars and rghts The states themselves, han has err
yttbtcn anrmptedin this c0"Hiry
II is remarkable that these very professors who de-
nouncc the act Of the body which has alone the power
decide all that appcrains TO the question, asan 0"f-
rune "a rioiotion NJ hc Constitution. .'vSwrpa-
ton did in regard 10 Mr. IpgcrsolI, while they sal in
tn" House. precisely what they deny Inc right OF a
quorum consisting OF two hundred and thrtv-t"", 70
do in relation to themselves. These very pTo;"s'rrs,
uncacd, unsworn, . ananoTntcd, n!anncaied WIN
all their Impcrieclons on their heads, voted on inc pre-"
tensions of McssrS Ingcrso and Naylor, and declared
that the latter was aud that the former was not, entitled
to the seat contested between them what they dId
rs sitting members, they now "d'scId,m TIE rtgM OF
others-the undsputed mcmbers--o do unto them
From the necessity of the thlng-upon the principle OF
must exert the right judging of "c elections, returns,
and qualifications of the disputed members and when
the certificates presented disputed illegal or fraud
uent, however formal, the decision must be a, the
THRESHOLD otherwise, persons might take the oganza-
ton of the House into their hands upon forged
fraudulent credentials in despite of the peoples real
Representatives. When the Clerk calls his roll, made
up from returns published in newspapers from evi-
dence transmitted to him by Judges of election, Go
vernors or by the members themselves, the tac &C.
quiescence of the House in the roll called, and
to the occupation of the seat by each person an.
swering from it when called is, in fact, an adnis.
sion, or, in other words, a decision, on the part OF
those who are silent, that the party answering an
gueStioned is entitled to the place he occupies The
doctrine therefore that the House has not its constu
tona faculties Of inquirng and passing upon returns
when the members meet, ct the time and place appoint
ed by law and the Constitution, before each member IS
sworn in, would deprive the body Of all power TO con-
sttute itself-of its true elements. The New jersey
pro,esters and disclaimers Of this light in the House,
are at all events esopped from taking this position
They exercised the power themselves by voting III
favor of Mr.. MAYORS right against Dir. lngersoii
The posture in which the question now stands before
the House, will be seen in our columns. MI f,ckens
made very eloquent and mastery appeal to the House
in support Of the proposition submitted by him. dehn-
ing the scope of the inquiry to be referred to the COM
mittec. He was supported by Mr.. Holmes Of Charles.
ton in an exceedingly able speech 1t was profound
law argument. Mr.. Rhett replied. Having left the
House before Mr. Rhett took the floor, We do not know
in what aspect he viewed the question, but understood
he preached some new grounds in regard TO It. We
will insert the speeches all sides, and at full length
q soon as we can get them. Those Of which we have