The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-07

conformity with The laws Of New Jersey, oil Inc mem
bers elected in that State :, ap.a -
Loud cries Of Leavel leave Etoee
MOI not" Object obIeets'I
Mr. -STANLY / utterly object 10 your making 20
the House any Argument this case Lei your itien.
from New Hampshire, who seems so wen acqhaih'eu
with the statement Of reasons you want 70 feau' W
and make an argument but object TO Clerks
making all argument 10 this HOUSE, ei'hsi ~i'e :.
oral ~
Mr.. WISE said that he felt il TO be due to the Clerk,
by the law Of usage that he should be allowed TO make
the proposed statement. For one, MI W. was sefy
deslrous 10 hear IL and his only wonder was that all
other gentlemen did not feel the same desire. lie
wanted 10 hear what the Clerk had 10 advance as a
reason why he had performed that plain duty which,
well by law as usage he was bound TO perform MI
VS. action In the matter might possibly be influenced
by what he should hear from the Clerk. The state
would have auhorty-is could only be persna-
siye let be heard and then, when the certlfeales
and The law oil read. together with the Clerks OK
plsnaon, very possibly the minds Of all might be salls
fed He took it for granted that the statement would
include all the certificates on both sides as wen as the
whole law OF the case He must add that had THIS
explanation been offered yesterday, when the reading
OF the certificates and the law were called Tor would
have been peculiarly well-timed
Cries Of " Go on y" Agreed agreed !" Nc no !"
Mr.. WHITE, of Kentucky, said that for one ne en-
tered his solemn protest against the gentleman az me
table reading any statement whatever What officer
you, (said Mr.. w addressing the Clerk)--w
officer you under this Government Are we TO ar
rest proceedings in the organization OF this House
IN order to hear you read some document concocted
probably last night and calculated to misead public
opinion and lead of this House from the true and sim
pie issue before i'll am my friend from Vr-
gina Mr. Wise) could not duly have reflected, or he
never would advocate such permission. No matter
what newspaper traps have been got up and put into
your hands, matter what oaers may have said and
done 10 New Jersey with view to defeat the execu-
,,f ia
and read and read ill the House Disguised at hear
ing; and then what is ITO follow Why new debate
is to be opened and what! Not the points be-
fore when left of hear you, but the matters
and things the new certificates, and all the new points
of argument raised by you at that desk never will
consent TO it, ! protest, and shall forever protest,
against any such course Not that fear the intrinsic
justice Of the cause but because shall open food
gate for what does not belong to the cause because
we shall be letting in from all the points OF the COM
pass matter Of debate, and shall thus enable you
to spread before the Public new and perhaps false and
deceptive or, at least, garbled statements which will
before tomorrow morning be on their way TO every
quarter Of the land. Ill.,"
believe competent to settle affairs,
without asking the aid of clerk to help Us if we are
not It is time we went home, utterly object to your
interference or dctaton. | should be ashamed per-
nit it, other ground account of the impu-
talon Of ignorance casts upon the gentlemen present.
myself included object 10 it, and protest against 1t.
Mr. WISE expressed his regret at being thrust into
debate by one of his own friends but he believed he
could convince him that IL proper, legal, and order
y for the Clerk TO make the statement requested. Ii
true that the gentleman who had made itwa nor,
technically the Clerk of the House, but acted such
only by courtesy usage and the necessity of the
He but the quandam Clerk Of the last Congress,
and had presented himself here, frst order render
up the records OF the last Congress and secondly un-
der the law, authority, and duty Of usage organize
House Of Representatives This usage, and the duties
it imposed, Mr. w proceeded to trace to the ordinance
Of 1855, which made II the duty Of the Clerk Of the
old Convention to keep roll Of members. and to call
it. BY law OF March l. 1871, it provided that
the Clerk Of the House 10 continue such until
another was chosen; and under the act of 1889 the
Clerk was constituted sworn officer Of the House
This constituted sufficient why he should pre-
side such occasions this The members present
not sworn the Clerk a sworn officer Be-
sides the members were presumed to be partzanshey
had just from the hot Of political fermenta
ton, with all the blinded feelings Of party zeaots YOU
sir, (said Mr. are presumed to be above this inhu-
Of political ianaticlsm. You are bound by the
soemnity of an oath To you we look up for more
equal justice. He admitted that the ordinance of 1885
expressly binding but it gave rise to the
law Of usage, which was,
[Mr w. here called for the reading OF the form Of
the oath taken by the Clerk it could not immediately
be produced but the rule Of order read requiring
the oath 10 be taken and prescribing the duties OF Clerk
Also the provisions on the same subject the ordinance
or 1885 G."
Mr.. w. then addressed the Clerk personally, and
said he sorry his relations him were not Of that
intimate character which would have justified him to
visit the Clerk in his chamber. and there to talk with
him as sworn officer Of Congress- as a man, as a
Virginia gentleman, Christian, who needed no oath
to bind him to his duty. If the right formation of The
roll Qf&Congress was duty, it was a duty he was
swoinSo perform. He agreed that the Clerk was not
a Judge ofShe claims Of members to their seats, nor
was any other gentleman present at this time Judge
Gentlemen might then ask was there no judge Yes
there was. There were two provisions in the Consti
tuition. one OF which applied members while in tran
saiu, between the time of their election and the time Of
their taking the oath Of office another which applied
TO them when duly sworn The first declared that the
times, places and mode of holding and Of certifying
elections should be left TO the States unless Congress
should make law on the subject Congress had pass
ed no law, and the States had accordingly regulated the
matter each in its own way.
Mr.. w proceeded to detail the mode ordained by
Virginia, and insisted that the sherifs were there
the Judges they constituted the tribunal to decide
tribunal sitting at home under their State SO.
Verelgnty. This tribunal testified the fact of each
mans election not 10 this House, but to the member
himself and when that certificate was shown to the
Clerk OF the House his duty was not judicial at all
but simply ministerial: he was not to Judge but sim.
Ply 70 record. The sherihs decled, they judged !;
the Clerk simply received the name and entered the
evidence: And now, Mr.. Clerk, said MIR. w, l.
ask you have you or have you received thar evil
dence IN the present case You have asked the
House to Judge; but the House at present has no
right 10 judge 1t comes back to you at last You
must act Tor yourself and this is the main view
which would press on you man. as gentle
man. as an educated Virginian, as Christian as an
ohhcer bound by oath TO perform ministerial duty
would have you to do that at once and directly
which you will be compelled 10 do indirectly For,
MIND you, in refusing TO decide you do in fact de-
cide. Your not deciding has all the potential effect
OF Judgment. Some one must act for the House
cannot. Some one out Of the House mus, decide
this questionrnust of necessity; for the house at
Temps to decide it, who are TO yoe2 Is Mr. YoRKEl
Is MI AYcRGd Or are Mr.. DicKERSoN and his
companions Or are bothl IL both sides vote, or
If neither side votes, the votes are lost we come
10 you-yon must exercise your conscientious judg-
mn md Il