Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-12-09
TWENTY-slxTM CONGRESS-.
FIRST SESSION.
Correspondence Of The baltimore daoieaa.
" Asuu Nn rnS. Dec. z IEan


me following interesting report oil yesterdays pro-
ceed'nes IA Congress. The House yesterday ex-
h'bmeJih he unwonted spectacle Of the presence of
40 Members aud Delegates, out ofthe 2f2 Of which
it is composed.
HOUSE OF REPRESENTATIVES,.
The House was hilfd long before 2 o'clock, and
nearly every member chosen 10 Congress in his
seat.
The Clerk, Mr.. GARLAND. al 9 o'clock call.
ed the House to order. lie SAID, ha, III The
pleasure OF the House he would read the names Of
the Membeis OF Tie Twenty sixth Congress lrnm a
list which lie had prepared for The OCCASION There
was moments pause, aud no objection being made,
the Clerk proceeded 10 read names from the writ
ten list before HIM, beginning with The Maine dele
CATION.
When the State OF New Jersey was named. the
clerk read the name Of Mr.. Randolph. He iheD said
tha, there five contested seats IN tho New Jef-
sey delegation, which, II II was the pleasure Of the
House, lie would pass oye leaving The subject to tbs
futuie action Vi the House.
The FIST named of the Pennsy lvania delega alton
was then read. when The Clerk was interrupted by
Mr.. maxwell Ia, one OF the New jersey delega-
rion. Mr. Maxwell called for The reading OF the
certificate OF the election OF the five Members. Co
vernon Pennngton's certificate announcing the
election of the six Members Messis. AICRlGG
MAXWELL, HALSTED, STRATTON,
YORkE and RANDOLPH, was then read. A
debate made up Of suggestions merely sprapg up
between Mossrs. MAXWELL of New jersey,
RlVES MERCER and WISE OF Virginia, VAN
DERPOEL Of New York, and several other Mem
bes.
MI MERCER OF Va called for The reading of
! the law OF New Jersey
Mr.. RIVES Of Va. called for The reading OF the
names of the remaining members for the purpose Of
! forming quorum.
Mr.. HOFFMAN objected to the proposuion.-
lie addressed the clerk and asked him what light he
| had to call any member but rs he had evidence OF
his election through certificate laid upon the o
BILE. That was the only evidence lie could have OF
election and you SIR, said Mr. Hoffman, address
sing the Clerk have more right 10 pass by the
names of the New jersey members than you have TO
pass my name. Mr. Hoffman considered it an
assumption Of power on the part OF the clerk TO go
behind the return OF the Governor in the form o a
certificate OF election. The evidence Of the election
of the several members was equally good.
! Mr.. HALSTED. one of the New Jersey delega-
ton, followed Mr.. Hoffman. lie said, " demand
as sovereign member Of The State OF New jersey.
that my name be called. | demand it in virtue Of
my election, proved by the broal seal Of the State Of
| New Jersey. deny that the mere claim of the OPP
posing MEMBERS claim up against precedent
Against parliamentary usage-against Justice
shall be considered to pass by the names Of the
members elect"
Mr.. llalsled dis cusscd his right, referring to the
Constitution Of the United States and the Constnu
ton Of the State of n. Jersey 10 pfove that he bad
been lawfully elected The Governors act had
been complained Of But upon what ground. 1t
was not the time 10 consider that subject; il IL was
II could be proved that he had pursued course
both IN accordance to parliamentary and com
mon usage. The New Jersey delegation present
| asked the House only TO follow its precedent in
The disposition OF their claims. Many piecederis were
cited in the history of foreign and national leg isa-
lion, all goinGto show that the certificate Of an elec
ton were pr,ma tdc,c evidence of election. The
Clerk nor the House could aside election be-
fore the House was organized The claimants had
the usual mode OF elamlnga redress OF grievances
the customary, established mode.
Mr.. NANDERPOEL Of New York, proposed
that the testimony ofihe chimants be read before The
law Of New Jersey applicable 10 elections, in
ncxon with it,
! MIR. TILLINGHAST said II nj uron the evidence
of The certificate Of the Governor OF New Jersey the
Clerk bud caused The name OF Mr.. Randolph 10 be
read and yet upon tho same evidence he had reiu-
sed the evidence OF the election OF the remaining tive
members. The CLERK, Mr.. II. contended, had nc
right 10 do this. The certificates proved alike and
equally the election OF all the members
MIR. MERCER continued The debate at some
length, making various Suggestions and urging the
merits OF the case briefly.
Mr.. JOHNSON Of Mar, land. appealed to the
members lie deuied the power Of the Clerk to re.
fuse TO read the names OF The New Jersey members
he only evidence he had of his election was the
high seal OF the State of MARYLAND, aud The members
elect from New Jersey bad the same proof Of then
election.
Mr.. BlDDLE said that The suggestion of Mr.
Rves OF va. carried oui, moustrous abuses
would spring up under IL. The precedent would be
bad one, and could fail forever hereafter to be
! used for bad purpose The Clerk, he contended
was bound 10 CONFORM the law OF The State OF
New Jersey and the certificate before him instead
ofwhich, he had been governed by his own will o,
by his own convictions OF duty. He was bound, he
thought, by the former, and had MI right To CON
slider the latter subject Al the clerk should do.
and could do, was 10 stale his own convictions, and
leave the action TO the pleasure of the House.
Mr.. SERGEANT, of Pa. spoke some length,
censnng the conduct Of The Clerk, and in reply to
some remarks made by Mr.. Slade Of Vermont.
Mr.. RANDOLPH, of New Jersey, followed Mr..
Sergeant He was for the reading OF The law of New
Jersey applicable 10 the subject. That law and the
usage of the House would decide the pending d fiji
cultes. lie hoped The law would be read. II
would bring the subject before the House in man
nef which would lead to its disposition.
Mr.. BHNUM, ofNo,th Carolina spoke at length
in reply TO Mr.. HalsIed, in defence of the conduct
OF MIR. Garland the clerk and in reg ard 10 the claim
otthc five Van Barren members from New Jersey
who have not got the certificates Of election. The
CLERK, he hoped, would hold fast to his present po
sition-Ihe Administration members were but de-
tending the people OF New Jersey in opposing their
/ Governor. lie had assumed a power over an act Of
The people OF New Jersey hich this House should
set right. The ope OF New Jersey here re-
presented as well as the Governor.
MIR. GALBRAlrH Of Penn. defended the same
position and was followed by Mr.. EVERETT Of
vermont, who took sides against the Clerk Of the
House.
Mr.. CRAIG was The last speaker before | closed
my letter. As with many others who preceded him,
he could not be heard.
The members Of the House were all present