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

the laws Of the State Of New Jsssy had been fully
complied with and that bic colleagues. well him
self had sufficient evidence snlils lhsm TO their
seats ths first instance, aud that il not In the
power OF the Clerk the House, 70 deprive them OF
that right The law Of the State Of New Jersey was
paramount the Clerk and no bound to call the
names Of his colleagues IL he performed his duty. IL
their right TO take heh in the hrst instance,
and in the power Of the House 10 60 into
full investigation OF the until was properly or
ganized and then Il must be done upon petition For
long time, IN the history OF this Government, this
House. even after il organized would not 60 be-
hind the certificate and commission OF the member
For several Congresses this the law. Ia two
Congress decided that would not go behind the cer-
fcate Of Governor when il made out in accord
ance with the laws Of the State In the case OF Spald
ing and Meade, from Georgia. there three coun-
ties which did reach the Governor until after the
time expired by law, Ia consequence Of storm which
interrupted these returns, and when this
brought before the House upon petition, after its organ
z,,on the sitting member claimed his seat because he
held the which had been made according
the LAWS OF Georgia, and that the House had right 10
90 behind the return MIR. r. support OF his position,
referred to the case Of Moore and Lecher and the
gumen,s OF Messrs Lane, Beardsey and Hubbard upon
that question He also referred to the Of Claiborne
and Gholson, and various which had occurred in
the New Jersey Legislature, all Of which he maintained.
supported the position that his colleagues were entitled
TO their the frat instance. MIR X. next replied
10 the remarks Of Mr. vandepoe and held that his col
leagues did clanSs their upon any technically
OF the law but because they believed they entitled
10 them. They would scorn to claim them upon mere
technlcality
Mr. r. next replied to the remarks Of the gentleman
from South Caroan, who he said had attempted draw
adstncton between the people and the Government Of
New Jersey. He would ssk that gentleman how the
people would express their sovereignty, il they did not
do II through their constituted authoresi There
a time when foreign Prince attempted to draw the
same distinction which the gentleman had drawn, and
take appeal from the Government Of this country TO
the people. He would ask that gentleman what his
would be, 10 case he came here with commits
sion from the Governor Of South Carolina, under the
grea, seal Of the State, and another person here
TO prevent him from participating in the organization Of
the Housed
Mr. X. said he placed this ra,ter on constitutional
grounds, and warned gentlemen to beware how they
disregarded their inuncons. Some gentlemen, IN the
Of their remarks, had spoken Of him as being
entitled to rights and privileges which his colleagues
not entitled to. But he begged leave to say to
gentlemen, that he did consider himself entitled to
any greater privileges than his colleagues He had al.
sEays considered himself or equality with then and
ewhen they had offered proposition 10 their opponents
to resign and try the matter again before the people,
he had claimed the honor Of doing likewise and they
only prevented from doing so by the advice OF
friends He commended that the certificate of the Se-
creary Of State was wholly void, and Of no effect;
that that officer had power whatever to grant GER
fcate in this case, ard that the Clerk had right to
pass the names of those who had the Governors
certificate.
Mr. ADAMS then rose and said Fellow citizens
and members elect to the Twenty Congress Of
the United Sates-I address myself you, and not to
the Clerk IN the chair, under painful sense OF my
duty, The Clerk, in the performance Of an official
duty assigned him by the laws and the Constitution
of the United States, commenced reading the roll Of
the members here assembled for the purpose Of const
tuting the House Of Representatives OF the Goth Con-
gross. After calling the roll, commencing with the
State OF Maine until he came TO the State OF New Jer
sey, and the members whose names had been called
having answered ascerainng their presence here he
paused, after calling of the names Of the members
from New jersey and stated TO the House that Of tho
five other members from that State the seats
tested that he, deeming himself authorized TO de-
eide which Of the two parties Of FIVE members
entitled to seats must refer the matter to the decision
Of the House and then, Immediately shortly after
wards, aqueson arising upon proposition being pre-
scented to the House. he again, the discharge Of so.
Tenn duty, declared that he could put question until
the House was organized
Now, ellow-citizens, am reduced to the necessity
Of appealing to you The Clerk has said that he will
proceed in the CALL according established usage
and He has referred the question a MAORI
Of the House. and then he refuses put to this body
that or any other question, with the exception that,
upon further consideration, and having in the interim
consulted the Constitution of the United States he
discovered yesterday that he might put the question Of
adjournment He, therefore, put ii but he gave
tce that he should put no other question.
Fellow-cilizens, in what predcament are we thus
placedl We are fixed as firmly and mmoveably as
these columns around the House. We neither go
forward nor backward, and the Clerk tells US that he
will persist in both the decisions he has made What
then is position | have waited here four DAVIS
flor drawing to the conclusion Of the fourth
day. with fixed determination not to enter into this
controversy was my intention not to have said one
word this question Al the last session Of the last
Congress- foreseeing that the very which has
occurred would arise, offered resolution with the
design Of preventing such occurrence 1t was not
the pleasure Of the House to consider it and, there
fore, well for other (among which is the
difficulty Of making myself heard, under which have
labored since the Of this session. de-
ternned to say nothing; and should have persisted
in that determination il had that, under these
two decisions Of the Clerk would be impossihe-nay,
that the House might and stay here until dooms-
day. and not be able to organize. This position.
Now, II seems to very extraordinary state Of things
Here is body Of men assembled 70 represent the peo
ple and full and complete representation Of the
People Of the United States never did assemble, and,
probably, never will again. within these walls. Here
we are and, as final inducement, TO address
this House. here also under the injunction Of
solemn duties.
The Clerk told that he acted under the conviction
OF duty. concede the point He has acted and he
has pronounced his decisions under the conviction
Of solemn duty. do not question even whether that
sense Of duty was correctly applied in his two deci
sions, but say that placed in position, and
that ire have solemn duties too
What is the first! To organize-to organize in some
form other. If there is difficulty in relation to any
portion Of us, must do what Mr. jefferson says
done when Lord Dunmorc dissolved the Legislature Of
Virginia sudden. What did they do! They adj
ourned to tavernthey constituted themselves con-
ven.on and they acted the Legislature Of the State
or Colony. They actually, instead Of being assembled
IN the place from which the Of tho Governor had en-
cuded them adjourned to another place, formed them
selves into convention, aud there acted in the name
OF the State This irregular. Well, think that
the 18th day of the 2lh that