The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-10
event Of which he Is Immediately and particularly

4
interested"
TbeCHAlR replied that the rule did no. apply
10 the present case because Il mol the representa-
lives from New Jersey who were concerned, bud
their constituents and their Stale. IL was not these
individuals own ease i was the case Of their Dis
| lrici and Of the State of New Jersey.
/ Mr. W. THOMPSON, Of South Carolina con-
tended that member had as much right 10 vote on
this question on any other, When man brought
regular commission from his State, he clothed
with all the rights bslongdg 10 any other member OF
the House; and though Mr.. +. shond, in such
case, decline voting, yet IL these gentlemen chose 10
VOTE they had clear and indisputable right to do
Mr.. MERCER said thar gentlemen were con-
founding two distinct propositions, and treating them
as ii they were but one. The first proposition was
The appeal taken by the gentleman from New York,
Mr. Vanderpoel; the other was built upon IL, VIZ
\ whether those who hold regular commissions from
the Governor Of New Jersey should be allowed 10
vote on that appeal. Hen Mr.. Ms voice was lost
in the confusion that prevailed inthe House, When
again heard. he understood TO say that as to the
charge Of usurpation warmly advanced by the
1 gentleman from New York, that gentlemans own
appeal was proof II did not exist. Mr. M while
up, took occrsion 10 reply TO Mr.. Rheiis remarks,
Introductory TO his motion TO lay on the table. Inc
main reason urged by that gentleman In favor Of his
| own resolution had been that there was an attempt
or desire, In portion OF the House, TO exclude
some part of the evidence on which the two sets OF
claimants the New Jersey seats founded their pre-
tensions. Mr.. M. utterly denied that any such pur-
| pose or wish had been expressed by any body. Mr..
M. had indeed, called for the reading Of the law Of
/ New Jersey previously TO reading the evidence on
which the contestoTs of the seals rested their claim
but this was with no view to prevent the Subsequent
reading of that testimony but only because he desir
ed to have the evidence and the law placed in juxta
position. He supposed as of course, that all the tes
limony would be read, and why II had not been he
! knew not. No body wanted TO shut II out; on the
contrary, he was utterly at loss TO conceive how
| the question could be acted on without reading it,
Mr.. M was extremely unwilling to have II supposed
/ for moment that he had meant 10 exclude the read
/ ing oil any documents belonging TO the case.
| Mr. SfANLY wished 10 say few words In ne
! ply To the gentleman from New York, Mr.. Wander
/ poe j who had already, before he had been three
1 days in the House, been referred TO one Of the
| leaders OF his party The gentleman had volunteer
ed here as the advocate Of order and decency, and
! had now undertaken TO read the gentlemen from
New Jersey lecture on the shocking enormiiy OF
voting in their own case. The Chair, however had
very Justly decided that to their right to
the seats they claimed was not to vote in their own
case, but 10 the case of their constituents, whose
| rights were at stake in this controversy. Mr.. ).
/ would leave the question of propriety to the good
sense and conscience Of those gentlemen themselves:
but his own judgment was, that II they declined
voting on question like this, they would prove
themselves unworthy Of the seats they claimed-it
would manifest 10 all men that these were not the
worthy descendants OF those Jerseymen OF the Revo-
| luton, whose name would never die. The gentle-
man from New York was especially indignant at the
|
sion OF ihe Chair would sanction. Ind)ed! And
| pray when had this newborn zeal Of hisfor prrcc-
dent arisen 10 the gentleman's bosom? Had not the
gentleman been all along raising his roaring voice
against the doctrine ri precedent Had he moi scout
| ed the very idea Of resorng to such thing! But
now he was shocked --convulsed with horror-at
| the thought that precedent is 10 be violated The
/ gentleman had just returned from nm European
our-he was fresh from the court Of Victoria her
self, and was of course well prepared to lecture
| rude Americans on The laws of decency and to in
struct the Chair in the principles Of order For one,
| Mr. s. was quite prepared to trust the course Of the
gentlemen from New Jersey TO themselves. Ifthey
voted, il would not be in their own cause, but in the
case Of their Stale, their constituents, and the Con.
stltution OF their country. Should they prove re-
/ creant al such a moment they would be unworthy
OF the State which gave them birth--a State, whose
soil, as one Of themselves had truly said had been
"drenched TO a mre with the best blood other child
rem"
Mr.. BRIGGS called for the reading of the Clerks
minute, stating the decision from which an appeal
i was taken, and it was read accordingly.
tie then expressed his hope that gentlemen would
not conound the questions before them but that they
would proceed according the rules Of order and right
reason and discuss only the question before the Honse
i What the case !! A gentleman from New York
(Mr Waterproof had charged the venerable gentleman
occupying the Chair with gross usurpaon Of authority
and on what ground motion to lay on the table
having been made, and the question being about to be
put, teers had been demanded one Of the individuals
appointed ellers had then risen and demanded in
strucons from the Chair which Of the ten cand
dates claiming seats from New Jersey he was to count
the Chair had responded that in its opinion those only
were TO be counted on the vote who had commissions
! in conformity with the laws and Constitution Of New
Jersey From this decision Of tho Chair the gentleman
from New York had taken appeal. Now, Mr. B
wanted that gentleman to walk up here and that
those who possessed the constitutional and legal CON-
mission OF the State Of New Jersey should be per-
milted 10 vote. He invited the gentleman to come up
to the mark. He had taken appeal from the decision
Of the Chair, and pronounced it be act Of gross
usurpaton to decide that such persons entitled to
vote Bot Mr. b held the gentleman to the true issue
Whether these individuals not, interested
| in the result OF the vote, not the question Tho
| true question was, whether duly commissioned
from their State entitled to vote as
her Representatives that the question, the only
question and Mr.. b again invited the gentleman to
walk up and meet it.
| Mr.. GRANGER, Of New York rose in reply to Mr.
Vandepoel. He said he had hoped yesterday, that he
might at length congratulate the nation the fact that
her Representatives were now prepared to up to
their work and to say distinctly and openly who were
and who not, TO be permitted here men,
bers Of Congress. He had battered hmselfth now,
at last, they had reached point where could
hide himself behind the doubts or the arguments Of
dead Clerk, but that the record of their official action
would be sent forth TO anxious and expectant People
| What they told 2 That gentleman holding
missions in every respect as their not entitled
to vote in that House to lay resolution the table
and why! Because behind the present question lay
another, by which it must be decided whether commits
sion under the broad seal Of State Of this Confedera
cy, and in all respects conormabe to the requirements
OF her Constitution and laws was not to be
ceived as emitting the holder OF it to take seat in the
preliminary stage Of proceedings which Immediately pre-
ceded the organization Of this body
Mr.. G had hoped that his colleague, (Mr. Wander
poe who had always expressed such peculiar admira
ton for the dear People, would shrink in this the
very first act of the drama, from meeting the diroct
sue which was rendered to him. The house had heard