The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-28
TWENTY-SIXTH CONGRESS.
FIRST SESSION
HOUSE OF REPRESENTATIVES,.

lowing Ray, Mr. Briggs obtained the floor, and spoke
10 The effect folowing:l
MIR, BRIGGS said he wished TO say few words
in replt 10 one part Of the speech Of the gentleman
from Virginia, (Mr Dromgoole) But he would
FIRST noiee what had fallen IRON the gentleman from
South Carolina, Mr. Rhett) He understood that
gentepsn 10 say thai this subject of the New Jersey
election was j4dieatd. That the case OF the five
gentlemen holding the certificates from the Governor
OF ihaisiale had been settled finally and absolutely
by this House.
(Mr nIsrr. did not say GnalIyl
Mr. baIdds proceeded The gentleman from
South Carolina the other day offered a resolution
pospoting the question in relation To these members
until aisr the nndiSpued members from the several
States fhould be called, and that then the House. be-
fore llE election OF Speaker should proceed to ex
aminepnto he returns, elections and qualifications
Of the lsew Jersey members. The resolution was
In theS broad terms Whilst that resolution was
pending member on this side of The House asked
the gstienan from South Carolina II he intended
by hHresdI,ion 10 preclude an examination into
eths elai the New Jersey members by the House
when u shoId Dc regularly organized. The gen
ileman rose in his place and said, " He meant no
Afer that the House, in its unorganized state, pro-
ceeded to take the question 10 The right OF the
members from New jersey TO their seats, and 10 par
ticipate In the organization of the House. That
vote was tie II therefore brought the House TO no
conclusion, and The five gentlemen were left precise
ly where they stood before.
This House is now an organized, regular, con-
miniSiered TO all its members except the five gentle
men from New Jersey And when they presented
themselves with their certificates made out by the
Governor Of their State, under the great seal Of lhe
State, IN conformity with The Law, and ask 10 b.
sworn al the Speakers table, the gentleman rises
and says, the question has already been s.llled, and
those persons claiming 10 be Representatives iiG!o
one OF the States Of this Union cannot be heard be-
fore the House of Representatives, acting under
the sanction Of the Constitution and the oath Of
Heaven. "..
Mr.. RHETT explained that what he had already
said was, that the House having already passed upon
The resolution Of the gentleman from Virginia (Mr
WiSe( relative TO the admission OF the members from
New jersey, il could not now entertain il again.
What he commended was, that the House could not
entertain the same proposition twice II was in
strict accordance with parliamentary law that when
proposition had been rejected it could not be
again submitted
Mr.. Bai61s said he understood the gentleman
from South Carolina substantially TO repeat what he
had said before. He understood him TO say that, by
the parliamentary law, when proposition had once
been passed upon, could b. called up again for
action during the same session. But the gentleman
says the OF the New Jersey members can be re-
ferred to- committee, and when they make report
me House may act upon it still cannot be acted
upon IN the present Stage OF our proceedings
Sir, said Mr. b.. how can this bel The gentle
mans position is, that when subject has been once
passed upon, the parliamentary law torbidS its be-
ing again acted upon during the same session Now
says we have passed upon and for that can
not NOW pass upon again, is the title Of the five
members OF New Jersey 10 their seats. Vel IN
dersand him TO say this House may refer The ures-
ton to a committee, and, on their report, may act
upon 1t.
What is it that may be referred to a committee
Why, The question Of the New Jersey election. And
what is that sir but the title OF these gentlemen to
their seals, which is the identical question that we
in our uniformed state have passed upon The
mouse cannot by indirection cvade their own law,
and do that which II lorbids The M TO do directly.
Ar: these gentlemen entitled TO seats upon this
hoor That is the question which presents itself
whenever their case is called up. That is the very
question which we voted upon before were or
gained and which the gentleman says is res Judi
cata, and which because il is So we cannot now ac,
uponasain. still he says may refer il TO a com
-mlttee. Is not that acting upon it No matter what
form ii Assumes the question which we have voted
on 'eiufns-are these gentlemen entitled to their
seats
The law upon which the gentleman reliesis broad
and comprehensive in its terms, and declares that,
when subject has once received The decisive action
OF the house IL cannot again be called up that
II may or may not be called up al a.diferent stage OF
the proceedings or business Of the house There.
fore, II The gentleman is right in the application OF
that Law to lhecase now before the house il a, any
future lime the gentlemen from New Jersey present
their cla'ms and ask to be heard, he may gel up in
his place and say the house have settled that oues
ton, and it cannot be opened rgan.
Can be that we have involved ourselves in this
strange absurdityl That by,a tie vote willis, we
were in an Imperfect and unorganiZcd state, We h. We
deprived State OF hyesixthS OF its representation
in this use; and now, when come 10 be an or
gained body, with all the power Of the House OF
Representatives, we cannot act upon their case Or
will IL 81 said that the house having acted upon the
claims Of those gentlemen who bring the authorised
Credentials OF the State, and decided against their
title to seats, the claims OF another set who present
another kind OF proof, may be heard in exclusion
Of the first.
NJ ..,.I ,,.,k
would now call theft attention 10 that part of the
speech Of the gentleman from Vii ginia Mr. broom.
sooe, in which he proessed to adduce precedents to
Justify he setting aside the members from New
Jersey who came here with the Governors cerliti-
cate. Mr. b. said, when that ingenious gentleman
heldup his book and talked of precedents he feared
that he himself might have overlooked some i'm
porlan cases which had been subjected TO the scru-
tiny and Judgment of our predecessors; but, said
Mr.. b., when the gentleman named his cases was
strengthened in my former opinion not slightly form
ed, that no such authority existed as the gentleman
seemed DESTROYS OF making out. Sir, | take The
strong ground that for the last fifty years, which
covers the whole time since the existence of this
government under the constitution OF the United
States, no person appearing and producing the GER
nhcae, evidence or return, call il by what name
you please, CURED by the law Of the Stale which
he claimed to represent, had been refused his seat
Not one case where even an objection had b.en
raised against member clothed with sur h authority
being admitted, in the first Instance TO all the mnjl-
mites OF duly elected representative of the people.
This house is composed of representatives from
twentysx States, all Of which have Legislatures as
perfect as that 10 which we belong Now if any
gentleman from any Of those States can cite
single instance Of person claiming 10 be elected
member OF any State Legislature, and producing
credentials in strict contormity in SUBSTANCE and
FORM with the law of his State being refused his seat
should be glad to hear him do ii. lr there be
one such case, should like to know the circum-
stances in relation 10 il. .,..,
Mr. nf rl.,l ~
the last session OF The Legislature OF PenuSl lvana
two gentlemen from ehe eighth senatorial district
Of that Stale had presented their credentials to the
Senate, made out in pursuance Of the laws of Penn
LII Inlr. iklnir