The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-04

they now we're When quorum had been formed and
duly sworn, then and not I'LL then, could the question
be setlled There was no use 10 speculaiing-he was
for looking at the practically. He could have
wished the Clerk instead Of referring the question to
the House, (and there was no House.) had said "
take The responsibility" and settled the question him
self Mr. 5. other practicable way.
Bu, gentlemen said. go through the roll. aud then
you will have quorum" But would the others have
right to decided The gentleman from New Jersey
commended they had not. Ho. then was il TO be deci-
dedl Would II be left TO an agreement between the
| csimansl He believed IL would be long before they
could agree. And if they did not settle the question
who was to settle III lie said, the moment there
4 quorum called and aseertaned to be present then
there would be House Of Representatives, and that
House it which must decide who were pima faeie
members from New Jersey. What WAS the House Of
Representatives. Wss necessary that il should be
organized before il could scil Il seemed TO him not
Who TO organize IL Five gentlemen on one side
insisted they must vote in the organization. Five
others insisted hard The other side that they must
and the Others mus, not, As soon as there quo
rum, there body which pro har rice House
of Representatives, and they entitled, under the
Constitution, to settle the question. They could as
well do this as they could elect Speaker The Con.
sution declared that the House OF RepIesenatiy
should elect Speaker" then they House be-
fore they elected Speakerthat is before they were
organized. lie therefore came, the whole TO the
conclusion that as there no body 10 decide this
question: and no body to put the question I'LL there
quorum, the Clerk be advised TO take the respon-
| sbiiy. and settle It himself
Mr. MERCER ssid be had proposition TO submit
lMr. BlDDLE claimed the floor having as he
thought risen FIRST; but the Clerk having no authority
to decide and there being rules Of order TO decide
by, Mr. b. gave way, and Mr.. M proceeded
| Mr. MERCER said the gentleman from Vermont
had asked what there could be in reading papers
when there nobody TO decide upon theinl But
the gentleman had, IN great measure, answered his
| own argument He had maintained, and truly that
there must be House before there could be Speak
er but why! Simply from the necessity Of the case
| And the same necessity existed here The gen
| tleman wished the Clerk 10 decde-whal The Clerk
Of the last Congress decide who the members of
this Housed The Clerk 10 make any portion of the
members elect whom he chose first 10 call House Of
| Representatives Aud this TO be done by one who
was himself candidate for the suifrages Of the
House As he called l22, they then 10
decide on the rights OF oil the res Surely not Ne
cessity required that the Clerk must admit those who
presented valid credentials. Mr.. M. had asked TO
have the law read when that law was heard the
was as clear one had been presented to that
House, Mr.. NJ then insisted on the night OF each
State 10 prescribe its mode Of conducting aud OF
certifying elections and denied that the Secretary Of
State Of New Jersey had any right to communicate
with this House as an organ Of that State That be-
longed to the Governor. The gentlemen here present
had the right 10 make roll of prima faeie members
Who had robbed them of that right The Clerk of
the House Was he TO go contrary TO the records OF
the State 1t was monstrous idea Suppose he
should choose to call those members only who resided
north OF the Potomac would they be the House OF
Representatives Of the United Sta,esl Surely not.
II the House were powerless the gentleman from
Vermont seemed to suppose he not where the mat
ter was 10 eEd they might never get any House al all
But no. necessity gave them power. Mr.. NJ here re-
fered to the Of Claiborne and Gholson, and the
overwhelming vote by which be had been put down in
attempt TO set ASIDE their certificates the ground
ofan unconstitutional election the House had insisted
ON the validity of their certificates (tbeugh these had
been left at home and their avermen was received
as proof and they had accordingly been admitted TO
their seats far weaker evidence than now pre-
sented by the gentlemen from New Jersey. He I'M
pored the House not say that the Clerk had power
TO call gentlemen in any order he pleased, and make
such Honse as he pleased God forbid that Con-
gess should be reduced to such state of things
as that. ~ 'H"
Mr.. JOHNSON, Of Maryland, said that when he
had first risen TO object against the Clerks calling
the name OF any other member, he had done so from
desire at To bring to the consideration Of the
gentlemen present the embarrassment under which
they must necessarily be, when once they departed
from the laws and the established usage which had
characterized that House from the formation of the
Government 10 the present time. He desired them
to discover at once how perfectly at sea they would
be if The Clerk was suffered 10 crafty his jndg
ment at the expense ofthe fixed custom OF the House
OF Representatives. Since the House had assembled
this morning, he had taken occasion to look into The
past course OF Congress- and h. found that il had
been the immemorial usage al the Clerk 10 call the
names of those who held certificates of returns by the
authority the several States, as expressed by the
laws Of those States. lie held in his hand cerf-
cate from the Governor Of bis S,aie-signed by the
hand Of the Governor under the seal of the Stale
and under which certificate OF election he (Mr J.)
presented himself here. Ii the House were about To-
depart from the usage which had, mp tn this time,
governed It's organization, he, at least member
representing portion Of the People, felt bound, at
once, TO deny the authority Of the House to proceed
f,r,I 4. "a L.. So
cognise those proceedings. fadmh, Continued Mr.
J.) because the Constitution so Declares that this
House Judge OF the returns and qualifications of
its own members. The House can either exercise
or usurp power, as pleases II can, ii 1t pleases,
abuse its power by the Acknowledgement Of portion
OF its members, or otherwise. Alfthat fhave TO say
is, that shah not be instrumental in that abuse nor
will l. BY my voice or vote, countcnance or recog-
Mise it, II il is to be left 10 the Clerk 10 say whom he
will or whom he will not name as rstarned members
who can tell where the mischief might end Whole
districts, probably whole State, might be thrown
out of its representation. My course is taken. If
the Clerk is TO depart from the uniform course OF his
predecessors for one, shall decline answering 10
my name and shall thus refuse 10 recognise in him
the authority TO do that which believe he has no
right to do, The very moment he steps beyond his
power !, for one, shall not recognise his acts.
MIR J. then proceeded to refer 10 the cases OF vari
contested elections, in which, he commended, the
very question now under discussion had been album
dainty decided He referred 10 the case which oc-
Cured al the first session Of the first Congress- in
which The seats Of The New jersey delegation had
been contested on the ground OF informally and cor
ruption in the election.
70 the case of Spalding VS. JEadc, Of Georgia, at
the ninth Congress, first session.
To the case Of Iarner VS.. Boiig, at the eleventh
Congress- first session In this case, Turner had the
majority OF votes. Baiiy was commissioned Tur-
claimed the seat, and got IL; but Daily held IL
and acted as member long time.
To the case Of Williams VS.. Bourrs, al the thir-
teenih Congress, first session. Williams bad ma
jority; Bowers was commissioned, and acted through
session and part OF another, when the House, by
a unanimous vote, decided in favor Of Williams.
To the case Of WIilonghbu VS.. Snlith at The 1871!