Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-17

ani j. Hastings HAWKINS I'M Of \ Ga at lnsson Jo
Hook Hopkins. o ysI.n ' J"na John " Jones, Kem,
Eb. Isaarttr Irr Leonard Lewis, Lowell i"'as, NC
Srn, ny' s""II W Mnni< Nrwia'd Parish, ar"rntcr
PARTS Payn,rr, P.;rikn, Prcnt'I. R"'.sl hr' nom, s
p,n,nn ,dvnrj Rogers kusrrS, $aiit!S. s", ny
md ALERT sni :mii Thomas smith ~,
stenrcd :tEsnE s;a ,. W Wa, -T .o: ar"5 Tior"n
T,iamI Tunley randrrl" David D. "nsmtr "a1 I tc
Weller Wick, Jared W Williams lienrs " ''i"S' an" :" o
M,Nc--r- John " ,Irn Simeon W. anderson, An%f .,
c,Ihoun VIM b. Campbell. Carter Ihnn, hiirlith, Jane
Cooper Corwin Cran,ton cke Curtis Cushns r
Everett Fillmore Rice Garand, Gates Gentry G"EEl " "
Graham ,ramse "a y,. GTs" am .oms HUNT" Hun
Ter JaInc Jritrr Charles Johnson, King Lawrence Lincoln
Maryn Ma Sa Met1s s. "nr P"sn rnien Peek
Pope Pro Randall, Randolph RaIidsn IA! eI n,ca ME-,
smith, stanley <torrs, stuart, Tamrro, Ill.ns"S Iri
Wh" JOHN White Thomas " Williams, Lewis Williams j. L.
Williams, Christopher H. Williams, ; Williams ana NiS'-s''
So the resolution was adopted.
when the name of Mr. Bernard was called, ne rose
and said that he declined answering 10 his name, be-
cause he considered that the House had no constu-
,onal power TO adopt such proceedngJ
rMr Cooper Of Georgia declined voting on the same
grounds
fore the House is whether shall proceed 10 ballot
for 4 committee give notice. therefore, that VIII
not ballot and recommend to my friends to refuse to
do
Cries of agreed, agreed.
Mr. SMITH of Maine. | give notice TO the House
that will ballot
Mr. THOMPSON of South Carolina rose and said,
that he held III his hand resolution which he intended
To present. and which he should not move the pre-
viOuS question, to prevent any absurdty that II might
contain from being exposed, other gentlemen had
done in the case of the resolutions presented by them
The House had resolved that II would consider these
elections, when he persuaded that they had no
power to move one step in the matter The members
from New Jersey who held the Governors certificates,
have presented the prm0 facic evidence Of their right
TO the seats tlcy claimed. The members who contest
their seats present evidence show that they have re-
ccved majority of the votes given and 1t IS contend
ed that theirs is the best prmG tnrf evidence, unless
il be shown that that majority was made up Of the
votes of aliens as contented for the other side
Mr. L then went to show that IT would be Impossible
10 90 Justice to either party, without hearing all the
evidence that might be deemed necessary by both par
ties and that the House had power, in its present
state, summon and compel the attendance OF wat
ncsses He knew not how the House was to act but
he had enough 10 know that the strongest principle
in the nature of party feeling; and under the
influence Of that feeling he had seen the sacred prIn-
ciples of the Constitution tramped down lie Deem
cd ii highly necessary that the committee should acl
under the responsibilities OF an oath; but as no oath
could be administered, but in informal manner, he
had drawn up resolution for that purpose, which he
now submitted to the House. Mr. T. here read his
solution, as follows:
Resolred That the committee raised on the New Jer-
sey election have power send for persons and papers
and to witnesses; and that the members OF said
committee be themselves sworn before entering upon
their duties
Mr. PICKENS having obtained the floor, said, |
move this resolution an amendment to that offered
by nv colleague desire, before proceeding into a DIS
cusson of the question: to state very briefly the post
ton which ! occupy upon it, If the House chooses,
lis wisdom, TO select committee IN tins case,
desire that the action Of that committee shall be con-
fined to distinct action and 10 the distinct ques-
ton raised by this House. | desire their action
Ia be confined 10 the simple question, "who are re-
turned as members from the State Of New Jersey
agree in the Justice of many of the remarks OF my
colleague in relation 10 the position now occupied by the
House understood this from the FIRST and therefore
voted against the resolution OF the gentleman from
Virginia. .Mr Wisc,l and yesterday voted against the
resolution Of my colleague, for ! srcsaw the very di-
icuties in which We now involved: and take the
occasion to say, that voted against the resolution OF
the gentleman from Virginia for another reason and
that was desired different mode Of proceeding than
the one contemplated by it. If had been called upon
TO vote upon the resolution of the gentleman from T
rinia on the first day of meeting would have voted
IN the affirmative. thought that those members from
New Jersey who held the certificates OF the Governor
OF Their State entitled to take their seats and TO hold
them until il should he shown that the contestiig claim
ants had better title desired that course of proceed
ing in order to give efficiency organizations but the
House thought proper TO take different course. l
thought it due to the country, to our own dignity, and
to sovereign State of this Union, that the certificates
of her constituted authorities should be- received pr
mn taric evidence; and regret that triumphant par
~ flushed with its recent victories in different sections
Of the Union should have taken different course.
They have thought proper 10 take course different
from the one approved of, and now involved
in difficulties very little crcditablc to American
CONGRESS Ii is true that the House has already thought
proper to bring forward in informal manner, certain
testimony connected With the case but is question:
whether that is not competent testimony under the
Constitutions and contend that this House has right
to decide the question on the first day OF the session.
they thought proper. will read that clause of the
Constitution under which this House has the power 10
act this subject:
"Each House shall be the Judge of the elections
turns and qualifications of lis own members.
| II will he perceived that the Constitution, IN this
clause makes three distinct subjects which this
House IS entitled to decide contend that they are
in their very nature, distinct questions may decide
that member returned and that he Is, under The
Constitution totally disqualified Suppose you Judge
of the returns of a member who * under Twenty-Five
wears of are or an alien lie may have majority and
not be entitled under the Constitution to take his scat
So we may decide that member rs entitled TO the re-
turns, because he has majority OF the polls, and yet
not be legally elected because that majority was
made up of persons who had no right to vote. In
the progress of this case, we have seen one noto
rious fact is admitted. II is admitted by the papers,
and admitted BY the gentlemen from New Jersey
themselves, that majority of the votes of the peo
pie of New Jersey We're given to other ,n"Vhcrs
than those claiming their seats under the certificates OF
the Governor That fact admitted by them, with
one qualification: and that was, that that minority
made up ofllcgal votes This admissions therefore, Is
ryinr IN the whole question Who decided that they
we're not legal votes: Was it the Governor, thu Clerk
Sir Law down this broad proposition. and challenge
reply, that there is no officer or State authority what
ever who can decide upon tie legality of votes, after
they are once deposited in the ballot boxes You may
challenge votes at the polls, as is done in the State of
Virginia. but the proposition contend for is this
Mr. WISE here asked permission 10 make an cxPla-
nation
Mr.. PICKENS, in continuation. | will yield the
floor for an explanation, but protest against the prac
tcc of many gentlemen, for the last two years of tax
ing the advantage of being allowed TO make an expla
nation and then making an argument instead OF IT,
lr,r IL the Sinin Of VIZ