The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-07

he present ti . quorum should have been obtained
There necessity 10 the finsss Of things for some
preliminary organizatons and in taking this ground he
supported by very high authority lie congraula-
ted the gentleman from Vermont before him, tMf.
Slade.) that on this point Vermont had always been
sound and IN proof Of il he would read extract from
a speech delivered by gentleman from that State IN
the Of Gholson and Claiborne which was 50 much
forcble aud convincing than any thing he could
say that he took pleasure IN presenting 70 the house
II was speech from Mr. Everett, OF Vermont, gem
tlernan with whom he had formerly acted and who
spoke low that Mr. only had 10 regret that he had
not always had the privilege and pleasure OF hearing
him
MIR here read an extract from the speech
Mr.. w. continued; Il had been said that there was
priMa facie evidence here and that the Clerk must
receive IT, and permit these gentlemen TO vote upon
one Of the most important acts that could deVoiye
upon the members Of this body-thal was 10 say, the
election Of Speaker whose province II was To APP
point The committees who were the organs or mouth
pieces Of this House. Could that De sol II pre-
ceden 10 that effect were TO be established, had gen.
tlemen ever looked into what must be the conseqnen.
ces OF it Suppose gentleman presented himself
here for example, with a forged certihcate--a ceri-
ficste which he claimed 10 have received from
Governor VIII, died before the election had taken
place, or before the proper authentic returns had
been received, and that he were 10 come here ard
claim 10 be inscribed on the roll he 10 be per-
miited TO do so Surely not And yet, according
TO The doctrine here commended for we were so mys-
tilted by form as 10 be blind to all justice and right
in this incipient state. Was this so Was such
he had spoken OF 10 be permitted TO vote, or
were the seats Of this House 10 be contaminated BY
the presence Of such nlruders before we could arrest
their steps by the nerposon OF an effectual veto
And did not the doctrine for which some gentlemen
contended carry them 10 this extreme He put IL 10
their candor 10 say.
Gentlemen talked all the time abou, pria,a facic
evidence. Why according 10 their own doctrine, i
was, for the purpose Of the election OF Speaker and
hlFh fln.r nYln nlu fFggg1 fyTIs m
sive evidence. The Constitution of the United
States declares that this House shall be the Judge ofthe
elections, returns, and qualifications OF It's own mem
bers And here was the greatdistinction bel veen ms
and other cases Of ordinary contested election
This question arose upon the returns, and not upon
the merits in the more enlarged acceptaon OF that
term When member presented himself here 70
claim the seat Of another upon the ground that the
latter had received an actual majority 81 persons
not entitled TO vote, he attempted purge the ballot
box Of those votes. But here no such attempt was
made. Here il was conended that the votes legally
given had not been returnfd-that the Governor OF
the State of New jersey had not given all the re-
turns. The Constitution said that this House should
be the judge not only Of the elections but OF the re-
turns Of lis members. A Judgment upon the returns
presupposed action before the House was organized
technicaly--in the ordinary sense Of the term--a-
though for all purposes it was And this was re-
qusite, in order TO prevent the first fruits being
eaten or enjoyed improperly either BY one party or
the other. The gentleman from Vermont Mr. Eve
retD had contended in the extract he (Mr. VI had
read, that the House might even go to the length OF
appointing committee. He did not know that he
would go to such length as that, or that there was
any necessity for SO doing. The laws OF New Jer-
Sey declared that the persons receiving the greatest
number OF votes from the whole Stae--not part, but
the whose Sta,e-( not excluding Millville and South
Amboy) should be the persons chosen 10 represent
the people Of New Jersey. Well; The Governor
had said, here is certificate based upon record Of
The returns made to me OF all the votes from the
whDip State Nnw the stepDed
and said, "There is no such record, we deny its ex
isience, and we bring the actual record for you"
What was the proper course An inspection OF The
record. Was there not, then, manifest distinction
between this and ordinary cases OF contested cleo
ton Z He did not know that he would at all events
before the Speaker elected go TO the extent Of
examining the evidence. 1t might be very incon-
venient, If not impractcabe.
Mr.. EVERETT asked MIR. Vanderpoel il the ex-
tract he read was from speech of hisl Mr.. v.
replied il was, and again read the extract.
Mr. EVERETT said there was nothing in that speech
different from The principles he commended for yeser
day. He never did take the ground that tins House.
in determining on the original right TO seat in this
House, could go behind the return. There was one
remark, however, in that extract to which he wished
10 give further consideration. II was, that those
whose names were not called by the Clerk had no
right to VOTE A necessity seemed now cast upon
the House that no could have forseen.
After some inerlocutary conversation between
the two gentlemen ..
MT. NANDE,RPOEl PROCEEDED 10 say lndl tHeSe
ware briefly the arguments which had occurred to
him in answer to the technical and formal objections
which had been raised here against the rights OF the
gentlemen chosen by The majority of the votes of
the people OF New Jersey.
But higher considerations than these had induced
him to take the course he had already Indicated
the course of resisting the claims of these generous
The intended no personal ofence)-these generous
pretenders TO come here merely because they exh-
bed their bond. Were the members of this body
he 81 ind ~ lS In re
peten act the part of honorable and upright men!
Let II not be promu gated TO the world that the A'ne
rican Congress is 50 impoient-so trammelled oy
form-so deaf to the dictates of truth and Justice
that the voice of the sovereign people OF one OF The
States Of the Union should be drowned or Frustrated
by the small miserable, and squeakng notes OF mere
technicaty
Mr.. POPE said that the House presented the most
extraordinary spectacle that he had ever seen or read
OF in any civilized country. The doctrine advanced
by the gentleman who had just taken his seat (Mr.
Vanderpoel) was more extraordinary than ne (Mr.
P.) had ever heard in any representative body.
What was in That gentlemen coming here clothed
with a written delegation OF power TO represent the
State of New Jersey in the Congress of the United
States should be driven away and that another set OF
gentlemen, on their own assumption, on their own
declaration should be entitled TO be admitted What
said the Constitution OF the United States BY that
instrument we we're Confederation OF States, hav-
ing General Government for certain purposes and
the several States being represented by Congress.
How was this body organized BY the Constitution,
each State was left free to provide for the election of
those who should represent its interests in Congress,
unless Congress- for special reasons, thought proper
To interfere He addressed himself as the gentleman
from Massachusetts (Mr. CuShng) had done, rather
to the members who came here clothed with the au-
thority Of law than to the Clerk and he objected to
the Clerk introducing any thing here, either in the
shape of an argument, protest, an explanation or
vindcation Mr. p. was mortified to find so much
difference of opinion among gentlemen who profess
ed to be on the Wing side. BY what authority did
gentlemen take their seats here? Mr. p. here al
Iuded, in ocose manner, 10 the difficulty which
had been experienced by himself and others in Sc
curing seats owing 10 the unconstitutional number
of those claimed. New Jersey had appropriated TO
a., cbp ept,t la1 nIv 81 .