Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1839-12-16
MONTPELIER, DECEMBER 1e, 1889.


he the Judge of the elections, returns, and quali
hcalons OF its own members, aud majority OF
ench shall constitute quorum to do business"
lrendlng| The House must he the Judge of the
rights pitts own members Was there any law
TO conrayene this provision?
IL the Governor of New Jersey dared to contra
vene the rights OF members of this House, let his
actsmeet with the contempt they merit. He
(elr Is had been told that this debate had been
got up here rs mere catch, to occupy public
attention and he doubted whether the Executive
OF New Jersey had even acted in conformity with
the law OF his own State. A majority OF the peo-
PIE ot his Slate thought that he had not. The
constitution, then, gave this House the power to
take The matter entirely into its own hands. But
what was first to he done3
The House must be organize |. The gentle
man from Pennsylvania had contended that now
was the time to take this matter into consdera
ton. How? By whom? Not a step could he
taken un there was some organization. Mr. Is.
then proceeded to vindIcate the course which the
Cierl had taken. brief intermediate explana-
| tory conversation ensued between Messrs Bynun,
Slade, Mercer, other points, and Mr. Bynum
concluded his remarks by reading extract from
The journal in the case of Nsore aud Letcher, and
winch he cited in support OF his own opinions.
MIR Everett said the House seemed to him to
be under great embarrassment and he hardly
knew how to get ont OF it. II would he very I'M.
fortunate to the House and the country if they
should remain in this unorganized condition. lie
desired that there should he as speedy an organ.
cation possible.
The CLERK took his seat under whit was called
the law of Parliament 1t was true that, by rule
OF tins House, not now obligatory, the Clerk re-
manned SO until successor was appointed. lie
took his seat and whatever act he did he did un.
der the law of Parliament. The usage had been
that the House should take the intiatory steps to
produce an organization. No one could doubt
that this House had the power its own organ"
zalion 1t could not be without the power to pro-
duce perfect organization. The course had
been for the Clerk to make ROLL and, by the law
of Parliament from the beginning Of the Govern
nent to this day, only one question was submit
ted to the Clerk, and that was a question of ne
cessty; the question of the returns was submit
ted to him, but nothing else.
He made out his roll from such evidence as
was exhibited; that was the only question sub
ned to him, but nothing else.
lie made out his roll from such evidence MS
was exhibited that was the only question sub
mted to him; and before he could be justified
in not entering some person on the roll, he must
be satisfied that there had not been legal election.
The question is, whether the return, on the face
of it, is legal one? Had the Clerk intimaed
any doubt on this point? Not at all. Until he
had done this, his Mr. Everert's) opinion was that
there was no question before the House. But
suppose this was not done. TIA return was pre-
sened which, upon the face of it, the Clerk
thought not right was it not his duty TO inquire !?
He might report II vacancy, or not put him on
the roll but MIR Els opinion was tina. such
roll as tie Clerk thought proper TO make should
be gone through with before any question was
entertained. Virtually, The Clerk had passed the
opinion that there was no person legally returned
from the State of New Jersey. 1t appeared to
him (Nlr E.) that right or wrong, the roll should
have been called through without question: and
that then this question of contested seats would
mr. n mr. me
in advance that the Clerk would do his duty i'm.
partially. But the question of doubt as TO an
election, was one never to be submitted to the
Clerk; the only question for him was who had
/ the legal reurns'
There must be so me way of proceeding to an
organization, and the only practical way seemed
TO him TO be that the Clerk should go through the
roll, right or wrong Whatever il may be, and then
the house might proceed TO act and were conpc-
tent TO act, by majority mot TO decide the ques.
ton who were entitled to their seats, but to take
thu question merely on the returns.
Alter Mr. Everett concluded
Mr. Craig addressed the house, but from po-
son untavorable to the Reporters bearing him.
| The general scope of his argument however,
was that in case of difficulty, of real doubt in
which Investigation necessary iii reference
to the contest TOR seats, such us he maintained to
be the question before the house the obvious
course for the house was to put asidet the case IN
| Ill that investigation could be hal. Prima facie
| evidence, he maIntained not SUI iicient 10 en-
tile members To seats III the house; and, but for
the sake OF argument, he supposed of pal
pabe fraud, sanctioned by all the forms of law
and demanded whether in such a case a mere
form of certlfica could be considered us giving
u title to n seat, &c.
Nj: Maxwell rose Immediately on Mr. Craig's
concluding in order, as he said to put an end to
an unfounded assumption which had been made
in III debate. 1t has been assumed, said he, that
| a.
prima )dcie evidence of claim to them. Such,
said he is not the inct have ascertained TO my
satisfaction that zoe hare receiped majority of the
legal uetes ofhe state aud, if "A fair opportunity
I've given, believe That we can establish that fact
beyond the possibility of doubt.
We present here our certificates in due form of
law, emitting us to arrive at thai state in when
we can establish the fact upon conclusive evil
dence. For that purpose we come here com
missioned by the Governor of the State of New
Jersey. In reply to another observation which
had been made, that the people and the Governor
OF the State are mt variance in reference their
title to seats where, Mr. NJ. asked, was the evil
dcnce of that fact? The Governor was the organ
through which the opinion of the people of the
people of the State is expressed; and since he had
given the certificates ofeleclion to the Represen
! nltives from New Jersey, both he and every mem
Der the Council by whose advice he had in
that case acted, had been again elected to the Off
ces they then held.
| We present ourselves here (said Mr. NJ with
credentials as fair those of any other members
of this house. If there he no possibility of
doubt as to the legality of these credentials not
to go beyond them-why is distinction to he set
up between the rights ofthe Representatives from
New Jersey, and those on this floor from any 9TH
er State ? Have we not the same right TO question
the title any other member here, as any mem
her here has to question our right? Who brings
here higher or a prior right to ours! None:
| Ia u