The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1839-12-31


this fresh outrage will kindle the flames of
patriotism which were first lighted by British az
gressons TO. morrow, ifthe question were left
to them, would place the five expelled members
again on the floor of the House to demand their
rights Of the dandy Despot, Martin Van Buren,
An exchange paper remarks-'The effect of this
decision upon New Jersey will be favorable TO the
Wing cause. Symptoms of thunder already begin
to show themselves around the whole horizon of
the State Lot the Tories look out for hurricane
of popular Indignation and wrath from the fields of
Trenton, Princeton and Monmouth"
SKETCH OF MR. ADAMS REMARKS.
Wa copy from the Baltimore American, the fol-
lowing sketch Of the remarks of Mr. Adams upon
the question OF the right of the New Jersey mem
bers seats in the House 1t is brief and very i'm
perfect, but imperfect it is, it will be read with
great interest
Mr. Adams took the floor. He said that he had
but two or three observations to make. lie con-
tended that by the Laws and the Constitution Of
the Uuited States, the House could not proceed 10
business before swearing in ire members. lie
spoke of the Apportonment Law where every for
" seven thousand inhabitants were allowed one
Representative. This House not competent
to decide. Mr. Adams referred to The vote the 9th
er day. | set aside, said Mr. Adams, the act of God
by which my State was deprived OF one of her most
valuable representatives,, had he survived. set
aside the act of God in the case of IA member from
New York and set aside the act of God which
keeps member in the city from attending to. his
duties here and must i, continued Mr. Adams, set
aside the five members from New Jersey who are
not kept from their duties by an act from God
This, said Mr. Adams, is the Constitution, and
this is the law that the State of Jersey shall have
six Representatives This House is not com posed
to use the words of the Constitution, until New
Jersey is thus represented.
Mr. Adams then examined the remarks which
] nII aot, ,In hItU tI,a ff,,nT
lions. In abiding to one of The Speakers who
had asked to analyse this subject, Mr. Adams
said he would like to have the gentleman himself
analy 1t. III would especially like TO have HIM
nnaly Sc tho word Judge, in the Constitution. 1t
implied law, evidence, examination fact. The
Constitution Of the United States had not said that
the House should have an arbitrary power to Judge
1t could not so Judge act by will, but the House
must exercise judicial power in deciding upon cleo
tons.
Why, said Mr. Adams, was this judicial power
given TO the House Not 10 exercise lis fancy, its
caprice its party predictions, but to decide iudc-
tally and upon evidence. There was another and
an absolute power given 10 this House. Il the
power of expulsion !; and the Constitution enacted
that two thirds were necessary for such an act. 1t
took two members 10 one to consummate such an
act this.
In the process of The proceedings Of this body
less than ma iority-a mere tie of the members of
this House, decided that the New Jersey members
should not take their seats. This body not
then composed according to law. The act was
not zone by majority oil the House, nut by less
than a maiority. The aGR was equivalent TO
pusion and two thirds Of the members should
have been required to do it. The act therefore, in
my opinion, unconstitutional, null and void,
and not binding The body had no power TO pass
such n resolution and this body has power to
do it-brcause this body is not constltutio nally
formed until all of its members are sworn in, as
they are not. This House cannot say to a e
and ID, 'you shall not vote, for c and ID
elected precisely are according to the law of
their State, and the Constitution of the United
States. The only way such power could be exei-
cised was by assumptIon-such assumption as DIV
err Cromwell exercised in the Rump Parliament,
and such power the tenant of tho White House
would assume were he to do us Oliver Cromwell
did.
The members elect came here by the hghes,
documentary evidence. Not merely upon the au
thorty Of broad SEAL but by the virtue of the
thentic proof which rested under it. IL the
proof OF record, and the highest of all proofs. 1t
the proof of official acts Of States and nations
BY showing contempt for it, we showed
tempt for all sIch authority. In such contempt
there seemed to be princped involved like this :
that whenever there was an image, statute, or
form, the entire power was vested in this, 1t
not the length, or BREADTH size of the seal that
gave it sanctity. 1t mattered not how many acres
1t covered (aluding to a remark made by DIR Dun
can)-its virtue was higher and deeper than
this.
Now, said Mr. Adams, I contend that the five
New Jersey members have presented the highest
authority known here-an authority acknowledg-
ed among all nations.
Mr. Adams then spoke of the illeged frauds in
the New Jersey election. 1t was not pretended
that there was fraud in the Governors act, nor
fraud in the Commission. This asserted
All other frauds MIR A. commended all other matters
were properly to be Judged of by the House ate,
the organization. He cited important case
Blackstone's Commentaries, applicable to the a
and read it to the House. The case excited q Y
attic nton in the House. 1t related especially that
the return members should held their seats until
the House of Commons, upon subsequent action
should decide differently. Here, said Mr. Adams,
leave the case, defyng any member to produce
one case of law usage contrary to it.
| Mr. Adams spoke of his impression upon the
case referred to- He once Thought that the case
ought to be adudged before the Speaker was ap.
| pointed or elected. But he knew, he said, that
this could not be done by the Constitution, by the
law, or by usage. BY an act Of Providence, con.
tinued MIR Adams, neither of the great parties had
been able to elect their man. The individual in