Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-07

floor Neither the Clerk, nor any other man now pre-
sent, could judge OF his credentials Under the Con.
sttuton he dcrcd that at the present Stage oil pro-
cecdngs, they IL EanSitu between the House Of
Representatives and Their ucn;s, and no one had
| the right 10 decide upcn ls credentials.
Mr. W. then read the claus" from the Constitution
which - the States the power present 10 regn-
late elections. Gated the mode b. which the RcpreScn
tatlves from Virginia obtained their certificates OF cleo
ton and commended that when that certificate was OBJ
tancd it there, from the shcrifs of their dis
trct, tier" was power 10 prevent them from taking
their seats in ths House i'll the first instance. When
gentleman here presented the evidence that he was
entitled TO his seat Ii not the duty o the Clerk 10
de ud.cally upon IT, He not judicial Old
Ger, but ministerial officer. His duty was ncr'
ly 10 receive the evidence presented TO HIM, and enter
Il. Had the Clerk the evidence IN this case: Ii so,
why dad he not enter the of the FIVE y. jersey
members upon the roll The Clerk had said that ic IS
not the FY 10 decide the question who entitled to
seats, akM1s referred the matter 10 rs: but we have
more ~ DECIDE II at present than he has; and the
question VII n1aslry back 10 The Clerk at last
to be decided; aA this was the view winch ne desired
10 press nr'" IL Clerk, and max him, as nan stiua-
teG above paTtya asa officer, and Chris
do that rcctty Wrcif he would be forced To do ind
r"ctl". The Clerk has sad he not TO take upoH
mscli 10 decide tl!s question, bu. refers ii 10 the
House # We were convention Of ministers, who
had the power {" decide each Others credentials: but
wh"1 you Pa; III" question as 10 whether the credentials
OF the five gentlemen from New Jersey shall BE-
"cvrd who shall vote upon ii. Mr. ivcrgg and his
political friends or Mr.. D!ckrrSon and his p l,cal
trends: la refusing decide this question, the
Clerk doe" decide. The ii iGrc IN enter the names Of
I'll" five members from Nrl. rrsrY has al iii" effect al
i ludgmcn--l!r potential effect OF Judgment. II Will
be Impossible Tor the ios" 10 decide upon this question:
and II viii drvo,r upon the CLERK some one out
ot it 10 decide. We come back then, 10 you, Slr.
Clerk, and you may we'll exercise that Judgment ut
once, VIII ch you VIII be compelled 10 do at last. He
conrndcd that the evidence in this the cert
ioair OF The Governor of New Jersey, and hrt must
be conclusive iii the first instance, because the moment
gentlemen attempted 10 90 behind that, some gentle
men had suggested th!S floor, they converted this
MASSIVE, umw,cldy body INTO Committee OF Flee
ul., and ii would have 10 20 back - the people Of
New Jersey and BE- carried about from on" disii ct
10 another, - examine into the frauds wh;ch were
generally committed on both SIDES ri elections which
wo"l.I load them MIC inrrm:n1blc difficulties. The
Clerk has sad thai he cou dee ,r upon these
cncS, but, al TIC Sain" i.uc, he la. dec hcd upon
them lie has decided that MIR. Randolph has ccr
feat" in the proper form, and MS put his name upon the
roll. Well, II his ccriiicu," l. properly presented 10
m, and in proper FORM not The cert 'tcai"s 81 the
oihcr five New Icrs"y members in proper form They
are precisely in Tho form Of Ar. Raadolphs. Ii
ni> i coed theirs good, and if his Is bad theirs
bad. If the Clerk has violated his duty in placing
Sir Randolph name upon the roll, II cannot be vIo-
allnn Of ms duty TO place the names of lr Aycrigg and
his colleagues the roll. The certificate of tn" Go
IN their prina free evidence Of their
rgit u seat, and Ii .ticr the Clerk III" House, al
The present time, had Tie rich, 10 deprive them OF TAX
Ing thcir seals. Suppos, (sl:d Mr.. N;sc) objection
should br made t. my taking my seat, because seine
one should pretend th.t Ii" had RIGHT 10 it; would
permit the Clerk 10 prevent me from participating in
the organization Of the House IN snch case Has tn"
Clerk any right power, under the Constitution and
the laws 10 prevent any body from exercising his right
here, when he has the evidence that he has right to
his seat in possession. No; tie Clerk had no right
Ia i'm from taxi v.hp lC md A.
certificate in has pocket: ana although he did not de-
sire to preach revolutionary doctrines he would he
put the test for all that t world o"mll rye bun.
Neither YOU. Mr. Clerk nor one else here had tic
righ or the power To iudr, the matter which the
seven shrrs of my district alone have the right 10 de-
eide
iIf " considered thai The proper mode Of or"l-
II HaOu would be, Tor the Clerk to call over The Stats,
and t!:"a each member could Is.' and present s cr.-
drutia& and when they presented ;I"ir credentials III
the proper FORM they entitled 70 their seats, %n!
Their" power 10 prevent them nom tahh" Their
seats and holding them until the House, alter IT vas
properly organized. investigated the case. lie cons;-
dcred the duty Of the Clerk 10 b. PLAN and slmpc
duty, and he again appealed TO hnu sworn officer,
say whether IT not his duty enter upon the roll
The names of the 9cnmc who had the certificate cl
the Governor Of New Jersey. under the broad zeal .!
the State whatever might be- his convictions as 10 what
ought have been done by The Governor: and II the
Clerk had to decide this question al last indirectly, was
! il not better that he should decide II a. once
In colch,>Gn he said that Ec de- red 10 hear what
the Clerk had to say and hoped hr would BE- permitted
10 make the statement lie had prepared, hrc"nse he
wished the Clerk 10 tell him, As officer, as =
native born gentleman o! his mother state, and a. a
Christian. ready 10 answer before God and his coun-
try why he had discharged his duty IN the present
| case.
Mr. BRIGGS was understood to say that lie though,
the Clerk ought 10 hc heard by the House, rs ~
miuht probably rive gentlemen reasons winch
! ,,;ritc them rpIt -
mcnlhcrs here assembled d;scnS:uT. and had been
DISCUSSING the proprc;y Of tn" cors" winch the l!cri
had pursued and i, bn proper that he should &'T"
the reasons wlcE induced hn I" pursue tbs cof"
After III = the discussion tir floor u! giit 60 on ana
PERHAPS ii would satisfy the Clerk that he wrong IN
The co,rs, IL. had pursued and nc might tc induced
to tax. Il iirrrn il seemed 10 HIM bn cont
| n.on Justice that Ls gculcman, who was placed III a
,!,ca. aud responsible" position, aud who was aching
III . manner and unprecedented, should nae thr
| privilege OF beng heard j.; the House.
! Mir WHITE rrp I'd to the remarks Of tn" gcn't"-
.nan from Virginia (Mr Wis",) aud contcndrd that ;lir
rdnancr OF l1S and the resolution Of ISL IN relation
to the duties the Secretary Of Congress, were no mo-"
binding upon the present body than the rules ." th'
last Compress Their force only recognised by
courtesy, and they had no binding effect upon tS BODY
The present Clerk had undertake: 10 do what no Cicrk
lad ever before done and he hoped has friends would
not permit him 70 pursue the course attempted !" De
pursued lie thought there something 10 be seen
ho,"d h. would not hc permitted Ia make any state
mcns this body IN relation 10 the present cast" nc
had no desire deprive this quasl Clerk Of any OF II !
rights but it h. desired To publish the reasons when
induced him TO pursue the course h. had, he at IL
brrtv TO do so but he objected 10 the Clerk making the
statement in this body.
Mr. GUSHING; desired to address himself to the
gentlemen here present for although he recognised Inc
Clerk in his place as the individual who was to keep
the records of the House, and the individual who
under the order of the House. could put questions, YET
we were here the Representatives OF tie sovereign
States Of the Union, recognising each other as Such
and he desired 10 address word gentlemen here pre-
sent the iSstc presented to them. II" desired IL
hear what the Clerk had to say and he hoped he might
be permitted II make statement, for he thought th'
circumstance demanded TINT there should be IN eNplh
nation 50 that we night know, and the people might
know, why / that tn" proceedings OF i!e RcPfe
sentativcs If the sovereign States of tbs loh were
here arrested BIZ the gentleman who sis IN mat char
What are we: hat constitutes this assembly we
arc of tho StntcS OF TINS