Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1839-12-16

An unusually full ussembage of Members elect
OF tie House OF Representatives heng convened
IN the l1alll, Hugh A. Garland, Esq, fwho
continues to he Clerk until another election is
male 10 that Office, rose ut his desk, and said that
in conformity with the practice heretofore observ
ed he was now ready, if 1t was the pleasure of the
House, TO call List which he had formed of
members elect Of the House of Representatives
for the twcnty-sxh Congress, at this its first SEES
| ion
No objections being made the Roll was com
nenced, and the members from The several New
England States, and also those from the State OF
New York, having answered to their names,
Inc Clerk next proceeded TO the State of New
Jersey, ana called the name of Joseph +. Ran
dolph. Having done so, lie paused and stated
that there were five of the seafs belonging to Rep
resentatives OF this State which were contested
and, not feeling TO be his duty to decide The ques
ton Of right to them, he would il such a course
be approved Ivy the House, pass over the remain
ing names until the other States should have been
gone through with after which he would submit
such evidence as was in his possession touching
The rights OF the several claimants to seats from
that State.
Many voices cried agreed agreed!'
Mr. VIM Cost Johnson objected TO having the
state passed over until it was decided who were
her Representatives IN this Congress
Mr. Maxwell, of New Jersey, now rose and adj
dressed the House for few minutes; Directing
Jersey in calling the roll He demanded that the
evidences of the titles to seats from New jersey,
which were in possession ofihe Clerk, should be
read ond no flaw should he found in the GER
ltcates of election of hinselrand colleagues. that
they should be admitted to equal rights with 9TH
er members, none OF whom would have higher
lpretensons on this floor.
The Clerk then stated he had certificate of
the Governor of New Jersey, declaring William
ita'sted lwhose name stood next upon the rolD 10
have been duly elected Representative from that
State.
Cries of Dread! read p
The Clerk thereupon read Mr. Halsted's ceuif
cate and then declared that he had m his hands
other certificates in precisely the same form in ia
yor of John B. Ayerng, J. P. B. Maxwell, Thos.
Jones Yorke, and CHARLES c. Stratlon.
MIR Mercer moved for the reading of the law of
New-Jersey on the subject of Congressional cleo
tohs. o
Mr. Gave Johnson objected to having the law
read until the evidence in favor of any other cla-
Inants to the seats had first been read
mr. mercer said that the object Of his motion
ilad SIMPLY been that the law and the testimony
IN me case might be presented together
MIR cave Johnson insisted that all the evidence
ON both sides should first be heard: after which
he had no objections TO the reading of the law.
MIR Vanderpoei, of New York, also urged the
proprety of submitting all the facts first and then
the law which related to the case. He under
stood Tint there was conflicting testimony in re-
atlon to right TO these seats in the hands of the
Clerk the testimony on one side had been read.
let that on the other be read also
Mr. TiIlinghast, OF Rhode Island, said ii would
not make the slightest difference which was read
irst-since all would doubtless, sooner or later |
be read the orderwa imnaeral. But the call
had been made for the law of New Jersey in or
der that it might he decided what sort OF evidence
could be read, from either party in cunr,riu,'y !
with the law. 1t therefore should be read It
once, IN order to determine that point
Mr. Jenifer, of Mary land, said he understood
the Clerk to say that he had received five other
certificates in the same form with that which had
been just read were there any more than these
six? Ifnot, why did he not call the names of
the o her certified members, he had that of Mr.
Randolph?
/ Mr. Rives, of Virginia, recommended that this
whole matter be laid upon the table until quo
rum of the House should have been obtained then
there would be House which could do some
thing till then nothing could be done, because
there was no House to do. He thought gentle
men on both sides had better at once acquiesce in
this course by general consent. When there was
Il House of Representatives, although it might
not vet be regularly organized, question could
| he put md decided; now question could even
he put.
mandeh, us the Representative Of one of the SOW
ereign Suites of this Union, tla his name I've call
ed. The Only reason the Clerk had given for not
calling il was, TINT there were certain other ca-
mants TO the seats O those whose nanes lie had
mentioned, but had not called AS on the roll of the
| House. Would the Clerk say that other persons
had come to him with commissions in their hands
under the broad seal of the State That utteslation
which represented the sovereignty OF the State III
its most solemn form?-a form OF evidence
known TO the iisages of the State nom the earliest
days of its political existence. Would he say
nh .,..rtsE
Gates in support of The other claimants demand,
Mr. II. would then consent that the question
should be passed over proposed but lie could
not consent merely because certain gentlemen,
however personally respectable, might suppose
that they lad valid evidence of their right 10 seats,
though that evidence was not according 10 the
J laws OF New Jersey, or in conformity 10 any de-
cision OF this House, or of any Parliamentary bo-
dy since the remotest ages Of our Saxon ancestors
that one of the sturs in the galaxy Of our nation
al sovereignty should he striker out while he and
, his colleagues stood recreant by, without lining
their voices IN the assertion OF the rights o. the
State, and without insisting, as it was their bonn-
den duty to do, that her seal should be received
7 as even prima facie evidence of the rights of her
Representatives claiming in her name.
lie was entirely willing that any other gentle
men should be received here with the same cour-
: tesy as himself and his colleagues, provided they
produced evidence in conformity with the law
. lfthey brought in their hands certificates duly
signed by those public flnctionaries whose express
r and exclusive right and duty it was TO certify the
election of Representatives But if they pro-
' duced no such evidence, what right had that
3 House to reject the proof which was in confer
nifty with law? The Constitution declared that
5 the times, place, aud manner of holding elections
i should lie prescribed in each State lay the Legs
n lature thereof; aud until Congress took it into
their Town hands 10 examine into the regularity
Of such elections, the decisions of the State au
: thorlties must of course be conclusive as to the
e rights of those returned as elected. The House
|" of Representatives was the only body which had
!, authority TO decide as 10 the qualifications of its
s o,vn members; and MIR n a position was that