Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1839-12-26
the United States. Meanwhile, we hive made
him Clerk of an inferior Court"
T ltEa1iSnian.
CONGRESS-.

CONGRESS.
Protest Of HE Mt,O Jersey Mmtrs.
We, the undersigned, Representatives of
the State of New Jersey, duly commissioned
as such in conformity with the Laws of tine
said State, having been in part excluded from
our privileges in this meeting of themembcrs
of the House of Representatives, dem il Our
duty to place before this body and tie country
our views with respect to the rights Of our
State and of ourselves, and the lowers and
duties of this meeting. We THEREFORE affirm
In the presence of the members oithe House
OF Representatives here ASSEMBLED and orthe
whole American People, the trutfiof the fol-
lowing propositions:
l. That by the Constitution of he IJnited
St'tas, each State has the power ) prescribe
oy law, the time, place, and mannr of hold
iig elections for its own Representatives, in
congress; which power includes tie right of
prescribing the time, place and manner of as
certainlng and making known The result tn
Congress and the world.
2. That the determination of the State M.
thorities, authenticated in the manucrprescri.
bed by the State laws, is the only evidence of
the election of members of the House of Rep
resentatIyes which can be received prior to the
organization of the House and is final and
conclusive until reversed blythe House itself
duly organized.
8; That no one who cannot produce the
evidence OF his election, prescribed by the
laws OF his State, is entitled 10 take seat in
the House OF Representative; ind no one
who does produce such evidnce can be eX-
ciuded before an investigator by the House,
without a gross violation of TIE Constitution
OF the United States and tn, RIGHTS of the
States themselves.
a. That the House of Representatives cam
not be constitutionally organized nor a quo
rum formed until all the States of the Union
have had an opportunity to appar by all their
Representatives; and that a constitutional
quorum is not merely majority of the Rep
resentatlVes elect after the arbitnry exclusion
OF other members, on any pretet whatever,
put majority OF all the members from all
the States, after each State has lad an oppor-
tunlty to appear by her Representatives, and
to constitute part of that quorum.
D. That the body here assembled, having
no Judicial powers, possessing no means Of
sending Tor persons and papers, not legally
authorized to examine witnesses under oath.
and expressly forbidden by law o 90 into the
consideration of any business; before the
House is organized, and the oath to support
the constitution administered u its members,
cannot exercise the highest judicial function
belonging to the House of REPRESENTATIVES,
tnat OF reviewing and reversing the decisions
or the State authorities in relation to their
own elections; and that its only power is to
require the persons appearing here as men,
Ders 10 produce the credentials prescribed by
the laws of their respective States.
g. That the State of New JERSEY hayino
by law prescribed the time, place, and man.
ner of holding elections, and also the time.
place, and manner of making known the re-
suit, and having for this purpose selected the
highest Kind of evidence known to the Con
sutntlon, to the common law, to the Parlia-
mentary law, and to the law of nations
commission under her great seal and signed
Dy the EXecutive-has thus made known to
congress and to the world that we are her
Representatives in the Goth Congress.
This body having, in derogation of the
principles above affirmed, refused in part to
recognise our credentials, and that upon the
authority of paper which, emanating from
an officer not recognized by the laws Of New
Jersey regulating elections, and therefore not
under the sanction of an official oath, STATING
merely differences from other papers, them.
eseives not evidence, being er parte atfidavits
taken withontanthority oflaw, and without no.
tce to and proved by the law itselfto be false
upon ITS face, could not be received as proof
OF the facts 1t asserts in any conrt of record
In the Union: and an intention being man.
lfested to carry further this insult to our State
and to consummate the outrage upon her
rights, by excluding us her Representatives
from taking part in the organization of the
House, we in the name Of our STATE, and OF
ourselves, and in behalf of our common coun-
try, and of all the other States whose rights
are outraged in the violation of ours, do mos
solemnly protest against such usurpatior
OF power by this body, and do utterly dis.
claim its right to do an act which will be
holder and more fragrant violation of the
Constitution Of the United Stat $ and of the
laws and rights of the States themselves thar
has ever yetbee attempted in this country.
WASHINGTON, Dec. II, A. ID. 1889.
JNO. B. AYCRIGG,
CHAS. G. STRATTON,
j. p. B. MAXWELL,
WIN. HALSTED,
r. JONES YORKE.