Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-14

first day of the session that the first step which woulr
be taken contrary TO the regular course o proceedings
would lead into endless difficulties and contu
sion. and when should BIZ cxricated from those dt
fcues must be answered By those who had placed tbs
\ House in this awkward position. He commended thai
FL majority Of the House had taken this course iol
sinister and party purposes, and they should be held
responsible 10 the country for it. The Clerk OF thc
House had been made supple tool of party, and by
his course he had arrested the whole business OF the
House, and with the whole operations of the Govern
ment; and the people would hold the Clerk ANA his
friends responsible for this of conduct. He
contcnded thai It was useless waste OF the time
of the House to have the Clerk reading certificates
which the House itself could not act upon: Tor
he held that they had no authority and power
to act upon the until the House regularly
organized and The oath of Office had been administered
to the members of the House. With regard thu
gument that the New Jersey members might vote or
preliminary questions, and not upon the election Of
Speaker he considered il entirely groundless They
were either members not members, because conlG
have gnaSi members IN the House. II tlcr have thc
proper credentials, and he contended they had they
entitled to the rights and privileges of
other members. He would stand By the uniform usagc:
in cases of this kind; and, far as he concerned
he wculd never depart from them. He would never
consent TO compromise of the question, because hc
believed the members from New Jersey be entitled Il
their seats upon the evidence VIII oh they had produced
and we had no right TO 60 behind that evidence AT the
present time
Mr. COLQUIT1 thought gentlemen had spcn; time
enough there debate TO effect party purposes, and
suggested that the better course 70. those gentlemen
who yet desired 10 speak, would be to spread before
the world their views through other channels. With
regard to the settlement of the main question at issue
he thought tie House entirely untitled to settle il
until after its organ zat"n, and contendcd that it
would Just he as competent for Judge who had been
elected BY the people take evidence and decide upon
case before he had taken the oath OF office, as It
would be for this House to decide upon the New Jcr.
sey before il had organ zed, and before the men,
berS had taken the oath of office The House nj ght
20 on, and hear evidence, and debate upon IT, tor
week month: but it all amounted 10 nothing; be-
it Competent decd upon the question
At The present time. We might hear testimony and
make up opinions with regard to il, but had no
power 10 dec de upon II than the Judge wcui! have
decide the which he had us referred to. We
have judd cIal power to d. eide questions, and can
have until regularly Installed INTO Office:
and it useless for gentlemen to b" presenting t"S
t.mony to the House al thu present time. He washed
to pursue that pointed out by the G. nSttut on
and the laws ard called upon gentlemen not to set
prccrdcns which giit break down all the barriers oi
The Constitution. The Constitution and the laws We're
The protection Of the minority, and hc begged Of ger.
!emrn N the majority, when they attempted to orcrs;ep
Their bounds to reflect that they themselves may one
av be in th" minority, and they Will then look to them
"a their only protection. He looked upon those persons
who held the certificates under the laws OF New Jersey,
entitled to all the rights and privileges Of members
of tn House, until their decided upon III Il
legal and constitutional manner With regard 10 the
testimony winch had been read from the Clerk table,
ii seemed be altogether partc: and if this House
permitted member TO be- DEPRIVED OF any of his -
upon parc testimony, it will be in the power OF
who nav desire do defeat the organization
of the House at any Of its sessions. II easy
matter nj time to get up partc statements, and II
seemed TO hun 10 be most extraordinary proposition to
attempt to deprive members of their rights upon such
testimony this. 1t had been contcnded by gen
tcmcn that the power to examine into tn question at
the present time power incident to organization,
but he held that had power, previous or9anza-
ton, TO examine testimony and decide upon oil
this kind That could only be done after the House
organized and after the members had taken the oil
c al oath then they would be competent to decide l-
dc!aly, and not TIL then.
Mr.. NlSBET OF Georgia, addressed the House al
some length, in opposition 10 the reading Of III" docn
ments. IIr. Y. defined his position State Rights
man. and declared ttat such he must 20 Tor those
gentlemen taking their seats who hold rtlcatcs IN
conformity with the laws OF New Jersey, which he con-
s;dcred paramount here the question involved. He
considered that the House, in It's present incomplete
state of organ zation had the power of comparing c
evidence adduced BY the contendng claimants and o
deciding which possessed the prim0 fHcie evidence
but the House could not, IN his opinion, until after II
organization 70 behind the returns and purge the polls
to ascertain who had majority OF the popular vote
Congress had only the parliamentary powers ne
cessary for It's organization. Mr. y. gave 1t his OPT
Mon that the New Jersey members had not III" po"ci
Of voting, til their right to the seats they claimed was
decided in their favor In this opinion, he considered
himself sustained by parliamentary law and parliament
tary usage and support of it, he referred 10 the
luton introduced last winter by the Chair. While he
believed That il was the duty of the House to enforce
the laws and Constitution of New Jersey, he, at The
same time, believed that the New Jersey members
should not vote until these laws enforced.
NJ Of b,ap ,ay IN
attention of the House for sor. tame. Before he pro-
cccded he owed, he said, apology TO The House
and particularly 10 the gentleman from Maryland, (Af
Johnson for the manner IN winch ne, Tor Inc hrs'
time presented himself to lis no.! &c. lie meant NJ
d;srespcct to any body here. He only claimed the
right of himself and his colleagues to Ge heard, when
other gentlemen were wandering from the incidental
question before them, speaking on the merits Of the
main question He only meant TO go 80 far rs TO say
that anv gentleman who spoke on the question might
he mistaken and lie would leave it the House, if al
the gentlemen who spoke last. had not gone into the
mer of the main qnestion-and he would ash further.
if he was wrong in desiring that the State OF Georgia
ShC uld he heard.
which as member from the State Of Georgia, he stood
or that floor Il TUG that his credentials had not
been read il true that there man here ir n
Georgia contcstng hs r;ghto hs seat but he did not
know how might be contested II the precedent
gentlemen sought TO lnrnducc shonG lie established.
He understood the question then before the House 10
be- whether the gentleman from Ohio should be- permit.
ted to % on with his evidence If that was the cues
ton he was prepared meet it. Laying all other mat
ers ASIDE and strip ne i Of all DISGUISE nc was pre-
pared to answer distinctly to this body il tie negative.
Shall We (said sIr b cr evidence on the one side
the other before consttutionaly capable Of act
ing on it: VIII you hear the merits of the case, before
you are in e condition to deuide upon IT. his was
question of high concern to the counry-a question
which iavoyd the constitutional rights of the States,
and citizens Of States; and propoundrd to whom:
TO an assemblage of citizens merey-to men who,
though they may hereafter he Representatives, in the
Congress Of the L. s., have not only not been sworn in
as such but have not presented the prima faeic
evidence OF their right to be here. Admitting, said M
b. that there were Representatives, hoknows The fact
but those gentlemen themselves who have Their crcden-
tisls il! their pockets Admit that have no other
contest BIZ; that in regard to the seat- Of the mem
bers from New Jersey pu, ii 10 your wisdom, Sir,
whether we organized, in accordance with the
Constitution and The law, and whether VIC can take