The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-04

.rd that those members VINO were nus aumlueu "
hs,r seats should be the judges Of the election OF
10 whose seats might be disputed This course
,asmed to have been drawn from the practice Of
rs al law In the of insolveni debtors, when
aay dispute arose, he believed The name was passed
~ "sr and another was called. Now, be would ask
ubslher this the analogy which oughtto be pur-
Md in relation TO the rights Of the People Whe-
hsr this body had right TO say thai any State or
psople should be for a moment disfranchisedf That
me representatives Of one sovereign Slate should
w md aside and be deprived OF the privileges which
Ssrs bestowed upon Representatives iron another :
nd moi gentlemen perceive The enormous conse-
nsrees that must result from such proceeding T.
Mai would go forth to the next Congress and TO
~ world as precedent for future time Ii that
'nr,e we're adopted now, why should IL not be so
ar ever hereafter II would only be necessary TO
~ the seat of this gentleman or that is disputed"
,Ihe will lose his seat Did not gentlemen per-
1--we that at the opening OF every session, the strug
a. would be TO dispute The seats Of members2 What
. ,re easy II would cost nothing, and the result
would be that the judges would be narrowed down
~ the limited number Of those whose seats might
happen not to be dispu,ed--say some twelve or TWEEN
~ IN number This result assuredy would be pro-
Jnred iflhe course suggested by The gentleman from
V;rginia Mr. RIvEsl was pursued-because 1t had
Men assumed here that II was something 10 be called
that this put badge upon man--that II was
<,r of guaranty that he was no, an imposter. This
was worth something. Did not gentlemen see that
nnnstrous abuses would follows
What he would inquire, was the theory OF our
rrsSent posonl He took IL that the Clerk was the
organized.
Sill however, il was body met for the despatch Of
business Did moi the language which fell from the
Clerks own lips prove that this was his own con-
gruelion Of the matter2 The Clerk had looked
rnund and had asked whether II was the pleasure of
The House that he should do and so: and, in SO
doing he had acknowledged that this was for some
purpose, body-which body was authorized to in
srnct him. He had been permitted TO call the roll
He had decided that the credentials of the members
from the State Of Massachusetts were in due form;
he had invested those members with the badge of
Office and he had said that they were members
Why had he done thisl He had examined their
credentials and the laws bearing upon them, as it
was his duly TO do, and he had said that these Gre
denlias were cpntormable TO the laws. Did moi this
show that he considered this to be his duty in The first
Instance? He Mr.. b. commended that the Clerk
where there was case which satisfied his
Judgment, was bound TO act upon II and that it, as
man of honor and truth, the Clerk had no doubt
which set of credentials conformed to the law of the
S,ale he was bound TO announce TO the House the
names of the gentlemen whose credentials did so
conform. He had already discharged that duty with
respect TO others; why then shrink from Il now =
Why not do with the MEMBERS from New Jersey
he had done in the case OF the members from Massa-
chuseus? II seemed 10 him Mr.. B 10 be one of
the painest duties that could be imposed upon man.
Did the credentials OF the members from New
Jersey conform 70 the law Of tina, sla,e7 If in the
opinion of the Clerk, they did Motif dyub exist
Cd which had complied with the acquisitions Of the
law-U his judgment was al fault the matter was to
be referred to the House, and the House might pass
III
erroneous, or alleged to be so, then also there
appeal to the House. 1t was this House. or this body
10y whatever name il might be called, whose advice
the Clerk must ask; but in the first place, he was
called upon by usage to exercise sound Judgment
in the premises, and, upon either side, an appeal
would lie from that judgment. This body possessed
the same right which their fathers possessed when
they threw of the British yoke, when under the me-
ce>Sity of taking form of organization.
The onus, in the first instance, thrown upon the
judgmen, and conscience of the Clerk. Upon that
best judgment he was bound 10 act; and If any thing
was wrong, there was an appeal Ii the case was so
doubtful that he could not TO cusion then
probably he had right TO ask the advice or opinion
Of his body.
Mr., sLADE desired to say word in explanation
OF his former argument-which was, that bare
quorum Of the Horse might decide upon the quail
fcauous Of its members. He had not been in the
habit Of arguing, from the abuse of power, its non
existence. He had spoken of that which, from The
necessity of the case, must be done He had spoken
OF the power granted to the Clerk of the old House
by immemoral usage. Now, when the Clerk had
called the names until quorum had been formed,
he MIR. contended that in strictness, the Clerk
would then have right 10 put il TO that quorum 10
decide as to the rights of the members But no one
would act according to such strictness. Every one
would perceive that the fair spirit Of the rule re-
CURED the Clerk to 60 through the call; and it would
be violation Of the spirit Of the rule 10 call over
bare quorum. The spirit Of the rule as every man
Of honor would admit, required the Clerk to go
through all The names, and to see who were entitled
10 heir seats, and who were not, by something in
the shape of prima }aeie evidence.
The Clerk had to do one Of two things in the pre-
sent he had either got 10 take the responsible
~ Of deciding which Of the ten contesting members
from the State Of New Jersey were entitled 10 their
seats, to say his judgment at fault, and that
he could not decide. Which should he do! ohis
(Mr S.'s) mind there could be no dispute on that
point Did not gentlemen know that ii they put the
Clerk to the alternative OF saying who were entitled
to their seats, they thereby compelled him either to
perform what might be almost an impossibility, or
they put il in his power to perform an act which
might result in consequences more serious than
would follow from mere decision to put down any
name9 The case cnvironed with difficulty on
every side Something must be done 10 organize the
House. and what was it1
Mr. MERcER was understood to inquire by what
power the first House organized. There was no
Clerk there
Mr.. SLADE said neither was there any usage
They might have organized by calling some gray
haired man to the Chair--by doing as was done at
the meeting in Faneuil Hall at Philadelphia
They might nave called some one TO The Chair as a
Moderator or Speaker--that resulted from the ne
cesslty Of the case. He did not say that the mere
fact Of one man coming to contest seat would
make such case as would justify the Clerk in
mg BY no means There must be a color of
CAIN. do not mean the color Of an idea as was
once suggested here, but color of claim, Justify
ne Clerk in acting at all He must act here upon
ms conscience. II man came here with certi6-
cate OF election from Governor or Secretary of
SIte who has no authority TO issue it, let the respon-
sloiy rest upon those who had abused their power.
All of US acted under responsibility 10 public
opinion. There were thousand cases in which
power had been abused in this country but that abuse
Of power did not justify the conclusion that there
was no power at all In this Government OF free
dom, those who abused their power were responsible
for IT, The gentleman from Pennsylvania (Mr
Bidde) had himself admitted that when the iudg-
ment of the Clerk was at fault, he must defer the
matter TO the House, and that the House must decide
This was precisely his Mr. S.'S) view But the
question presented ITSELF What was this House
Who were the House Suppose the yeas and NAYS
were called, who were to answerl This appeared
10 him an insurmou1iable objection; and he would
her run ha r;Sk .ft hao tharc al