Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-05

agW ~. vacancy. or not put him on the roll; but
~! y ;,;on was that such roll as the Clerk
,.n,n,gr 10 make should be gone through with
w" -. n,cs;ion was entertained Virtually, the
80 messed tho opinion that there no person
= r,,,rnrd from the State of New Jersey. tap
75 ba (Nlr. E.) that, right or wrong, the roll
AZ" t.,. been called through without question, and
N" ,h,S oucstion of contested seats would pro-
'',, risen. He would always presume i'll ad-
49,, tine Clerk would do his duty impartially
". ,.s.ion of doubt IA tn an election was one
L, hc submitted 10 the Clerk; the only question
who had the legal returns: There must
.n -, way of proceeding /" an organization, and the
s" .c:,I way seemed TO him 10 be that the Clerk
i :, through the roll, right wrong, whatever
- and then the House might proceed 10 act, and
,,n,;cn, 10 act, by maiority-not to decide the
nb, were entitled to their seats, but to take
stan merely OH the returns.
IN H.. Nr Everett concluded
=. r,,;g addressed the House, but from position
".-,bl, 10 the Reporter hearing HIM The gene
of his argument however, was, that IN Il case
lily, al. real doubt, i'll which iRreSttg6tioR was
&c." :, difference 10 the contest for seals, such as
;,.u.i 10 be- the question before the House. the
49, nurse for the House was to put aside the case
,E., investigation could be had. Prima tacie evil
= h. maintained, was not sufficient to cntitc MEN,
",' Sea,s IN the House: and, for the sake of argu
II :. h, >np2osrd case of palpablc fraud, sanctioned
~ ~. forms of law-and demanded whether III
,,.. = mere form of certificate could be cons-
= sowing title 10 a seat, &c.
=. N.>y;eIi rose, Immediately Oh Mr.. Craig's con-
4 .,r IN order, he SAID, to put an end TO an I'M
srj assumption which had been made in this de-
/, has been assumed, SAID he, that we come here
s,u,nd our seats upon mere prtm0 tac'c cvi-
"f = clam 10 them. Such, said he, is not the
bay, asccrtaned to my satisfaction that zee
,.l,;rd majorityct the legal roffs IF the Satc );
IA far opportnni,ybe given, believe that we can
.,I,h that fact beyond the possibility OF doubt
Il 'eni here our certificates III due form OF law, en-
~ rs 10 arrive al that state III which csta-
= ~ fac, upon conclusive evidence. For that pnr-
81 come here commissioned by the Governor ofthc
E,oof New Jersey In reply to another observation
M, had been made, that the people and the Govern
,h State are a, variance in reference to their title
ais where. MIR VI. asked was the evidence of that
4 The Governor was the organ through which the
mon of,hc people of the State is expressed; and,
- h.. had gwen the certificates of election to the
4 ,re,rntatveS from New Jersey, both he and every
b,r Of the Council hv whose advice he had i'll that
:, acted had been again elected to the Offices they
:, h.,d We present ourselves here (said MIR. NJ
III credentials as far rs those OF any other members OF
House Ifthcre be no possibility of q doubt as TO
I,ra.y orthcSc crcdcntals--not TO 90 beyond them
ms is distinction TO be set up between the rights OF
4 representatives from New Jersey and those on this
i ar from any other State; Have we not the same
hi 10 question the title any other member here, as
/ nj member here has 10 question our right: Who
nrs here higher prior right to ours: None: tor
own satisfaction man and as lawyer, have IN
.,rltrd the matter, and man and lawyer am
I>!,d that have the right to the seats We demand
nee the organization fthe Government there never
!, i.rcn an instance OF man coming forward with
pcr evidence ofttlc 10 his seat to whom seat has
N refused No precedent can be found, IN the hIsto
| this Government, or ct any other, III winch the
AM of the regularly returned member has been re-
thn rbt a. pnt. nprSp lavnU g.
m IS oucs,oned the right of another and another may
nu,stoned: and who is to decide: Or are all rcsu-
T. evidences of titles 10 seals TO be set aside:
Mr White of Kentucky, next obtained the floor, and
made a speech, of which time allows the Reporter 10
,rlish ONLY brief and faint abstract He began BY
a, s,nr against the authority undertaken to be cAcr-
,u.t by the Clerk Of this House, of determining what
bcrs possessing u:,doubtcd legal evidences OF cleo
,ou are or are not entitled to seats. This (Hlr W.
,lld was most extraordinary position, and, IN the pc
ar circumstances of the case, nvolveda responsible
y which the Clerk of the House had no color OF right
h assume You (said Mr. W. addressing the Clerk
undertake. 10 determine what certificates OF election
:ou will receive and which of them you will reject.
Ar YOU not candidate for reelection to the station
hirh YOU occupy rs an officer of this House And,
Beng So do YOU not III the course you have pursued,
undertake TO determine what members shall compose
h.. House from which yon seek reelection: Under
lch circumstances Mr. w, said the Clerk ought not,
md cannot ASSUME to determine who are and who
re not members of the House. With what kind OF
,roprciy (said hc) respect for myself, or tor the
-phts Of NV constituents, | myself for one mo
ct consent that psu shall determine whether am or
an NOT n member of this House Sir, protest against
:orr exercise Of any such authority
Mr. w protesting against all the CLOSES and sub
,. By which the true question before the House had
.,n attempted to be disguised, said that the naked
!ton for members to consider was, who, according
% right reason and established usage, are entitled 10
.n, for officers o this House, the asScnb!age OF i
new Congress- until the House is organized: Inc an
.wrr to which question was, that certificate OF cleo
non IN due conformity to law, had ever and invariably
zen held TO cn,lc members to seats Mr.. W proceed
ID 10 quote at large several authorities to sustain tins
.os,ion. which he considered inpregnablc. The first
authority he quoted was from Mr., Bynums speech IN
Il, case Of Gholson and Claiborne III which that gen
man maintained that the certificate OF the Governor
State was yrina tacit evidence not to be disputed,
4; 4 members title 10 seat. He then quoted to the
,rc effect in the case, of member from Mary
lad tllr Thomas,) of the same political party as
lie gentleman from North Carolina. He then quoted
the same effect speech of the late Speaker of this
House, (Mr: Polk) Commenting upon these and other
xtracts referred to by lAm he said sunbeam could
clearer than the demonstration that, according to all
and universal opinion heretofore, the legal return
"a. rreutsble evidence OF title to seat. And (sad
llr White. still addressing the Clerk you have by
the law When you came to New Jersey you called the
name Of Joseph F. Randolph. And why did you do
but rom your consciousness that he had IN the Co.
vernon certificate of election, legal and sufficient t.
lie 10 seat, Yet the name Of the five other Repre-
>snativcs from New Jersey, having precisely similar
certificates of election, you reject, thus setting at def
sacc The law whose nunc,ions you lave yourself re-
rorn,scd IN the case of Mr.. Randolph.
After some further observations, MIR. w took his
scat; and
VI. Bynum, of North Carolina, rose apparently for
li~ purpose Of replying to the ausion made by Mr.
Whit" 10 his speech in the case Claiborne and Ihoi-
sn
The shades Of evening had, however, by this time
gan 10 fall and there was general call for adjourn
I!rIt.
The Clerk stated it as his opinion that in the present
sale o! tie House thc roll having been only partially
ca"dl question could be taken either by yeas and
nays, or by rllers by count, and that no decision
could be arrived at but by general consent of the House
BY general consent, the House then adjourned, to
meet again at ~ o'clock tomorrow.
WAsnINGToS, Dec. 2.
l,G Oh