The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1839-12-14
TWENTY-SIXTH CONGRESS-.
FIRST SESSION.

The SENATE met and was duly organized at
the appointed time, Monday, Dec. 2.
The HOUSE met an obstacle at the outset. The
ANational Intelligencer says:
Although the roll was not called through, it was
ascertained that every member of the House. save
one, was present; a thing without example, and
which is possible will everremain without a paral-
lei. Is
General anticipation was realized in finding he
course pursued in calling the representation from
New Jersey to be a stumbling-block in the way
of the organization of the House. The Clerk de-
clining to call any more than one Of the six Rep
resentatives having the Governors certificate of
election, on the ground that the seats of the other
members, were disputed, a debate arose upon the
matter, which continued until the approach of
night put a stop to it for the day, tho it seemed to
all appearance to be quite as far from an end when
night came as it was when it began.
dds source of qualification to be able 10 state
thas thefe was no evidence, either in or out OF the
House, of any remarkable excitement on this ques-
ton.
The folio wing extracts show the course of the
debate:
The Clerk, Mr.. Garland, at II o'clock, called
the House to order. He said that " if it were the
pleasure of the House he would read the names
of the Members of the Twenty-Sixth Congress
from a list he had prepared for the occasion"
There was a moments pause, and no objection be-
ing made, the Clerk proceeded 10 read the names
from the written list before him, beginning with
the Maine delegation.
When the State of New Jersey was named,
the Clerk read the name of Mr.. Randolph. He
then said that there were five contested seats in
the New Jersey delegation, which, if it was the
pleasure of the House, he would pass over, leav-
ing the subje TO the future action Of the House.
The first named of the Pennsylvania delegation
was then read, when the Clerk was interrupted by
Mr.. Maxwell, one of the New jersey delegation.
Mr.. Maxwell called for the reading of the GER
tidcate of election of the five Members. Gov.
Pennington's certificate, announcing the election
of the six Members, Messrs. Ayerigg, Maxwell,
Halstead, Stratton, Yorke, and Randolph, was
then read. A debate made up Of suggestions
merely sprang up.
Mr.. Mercer of Va. called for the reading of the
law of New Jersey.
Mr.. Rivcs, of Va. called for the reading of the
names of the remaining members for the purpose
of forming a quorum.
Mr.. Hoffman objected 10 the proposition. He
addressed the Clerk and asked him what right he
had to call any member but as he had evidence of
his election through a certificate laid upon the ia
bic. That was the only evidence he could have
OF an election and you sir, said Mr.. Hoffman,
INV NJ navy ib AIShh " "a
over the names of the New Jersey member than
you have to pass over my name. Mr.. Hoffman
considered it an assumption of power on the part
Of the Clerk TO 60 behind the return Of the Gov
ernor in the form Of the certificate of election.
The evidence of the election of The several mem
bers was equally good.
Mr.. Halstcad, one OF the New JERSEY delega-
ton, followed Mr.. Hoffman. He said, "IGemand
as a sovereign member of the State of New Jersey,
that my name be called. | demand it in virtue
of my election, proved by the broad seal of the
State of New Jersey. Ideny that the mere claim
of the opposing members,-a claim set up against
precedentEagainst parliamentary usage-agajnst
iustice-shM be so considered as to pass by the
names of the members elect"
Mr.. Tillinghast said that upon the evidence Of
the certificate of the Governor of New Jersey the
Clerk had caused the name of Mr.. Randolph to
be read, and yet upon the same evidence he had
refused the evidence Of the election of the remain
ing five members. The Clerk, Mr.. T. contended
had no right to do this. The certificates proved
alike and equally the election of all the members.
Mr. johnson, of Maryland, APPEALED to the
1aauRRers. He denied the power of the Clerk to
Id the names Of the New Jersey mem
evidence he had of his own cleo
b seal Of the State of Maryland,
mIect from New Jersey had the
lection.
Penn, spoke at some length,
Conduct of the Clerk. "
b, ofN. jersey followed Mr.. Ser
FOR the seading Of the law of
fcableB the subject. That law
the HouseSwould decides the
E%ulties. He hoped the law would be
uld bring the subject before the House
(which would lead to its disposition.
~fotracted debate fe shades Of evening
Tafsand there was a general call for ad-
hment.
he Clerk stated it as his opinion that in the
bfpt state of the House (the roll having been
tssf1eartially caled) no question could be taken
~ + by yeas and nays, or by tellers, or by count,
no decision could be arrived at but by cener-
consent of the House.
By general consent, the House then adjourned
meet again at IL o'clock tomorrow.
The debate continued on Tuesday.
~. Jenifer said no member had objected to cal
he names of the regular certified members
Jersey, and the Clerk had taken upon HIM
10 interrupt the proceedings Of the House. He
wtAld not listen to an argument in favour ofsuch