Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-21

The question pending was the resolution submitted
yesterday by Mr. WISE that Mcssrs. Aycrigg Halsted'
MAXWELL Stratton, and Yorkc, are not ehttled 10 "
| sworn as members of the House.
! Mr.. BARNARD who was entitled TO the hoof: "u.
dressed the House at great length the subject OF me
resolution The simple question was, whether Tue
members from New Jersey, who were here IN theii
seats should he sworn and IT was mus nc uu'
the proposition as simple question; ana simple 10 y
was II involved many and serious and important con
affecting not merely the triumph Oh party,
but affecting the integrity OF the Constitution i'scii'
and the laws, ana i'll lis consequences inc very oo'
mcnt under which we live. When, q lew days ago, nc
had the honor TO make remarks on the question
thep growing of the contest, lie offered
10 The consideration of the gentlemen around hin TWO
distinct grounds as to what then properly before
them The first was, that, IN the conhltioh OF INC
House as then constituted no question whatever was
presented for its consideration upon the elections OF me
members from New Jersey. The returns were perfect
as returns: they were not impcachcd; they were un-
questioned BY any member upon this floor ne oIiicf
was that in regard matter OF right The question OF
election as 10 which were ultimately enicd, coud MOI
come up them because they had right or power TO
decide upon it. it belonged to the Committee OF Flee
tons, after they were qualified as members and the
House constitutionalIy and properly organized.
The only point which the House could now under
take to decide upon the returns OF these members
as returns and as 10 the matter OF ultimate rights ana
as to the election in New Jersey that was matter 10
be decided by evidence, and that could only be cone
by the House. when organized TO decide as JudIclai
body The word return word of legal and Parlla-
mcntary import and he contended when return was
made in the legal and constitutional MANNER the person
having the return entitled to his seat, and couid
not properly be prevented from taking II. The return
was member title office, and he was as much en-
titled his scat under II, any person was entitled 10
Office under his commission.
Mr. b. went into an examination Of the law oil Far
lament, and the practice under II in Great Britain ana
in this country 10 show that these members were lc-
galy entitled 10 their seats, and commended that inns
House could not prevent them from taking their Seats
until it decided that their opponents were entitled 10
seats If the set of members were rejected, most
certainly the other set must be admitted, because the
State of New Jersey could not be deprived OF her re-
presentation. He trusted that the House would mol
now set the precedent of excluding members VIII" had
the regular returns for if this precedent was once set,
it might lead 10 conse qucnces the most fearful II the
House once decided that member having the legal
return might he deprived Of his seat, because there
others claiming, reckless party might al any
lime deprive large majority of the members OF the
House from taking their seats, by getting persons to
come on here and contest their rights to seats and he
sked what would BE- the state of affairs, if both par
ties should resort To this kind of proceeding at the
same time. There could not be doubt as 10 the right
Of the members having the regular return to take their
Seats and no power had the right 10 deprive them OF
this.
| Mr. RAYNER followed Mr.. b., and, after brief
exordum entered into history Of the question lnvov-
ed from the commencement Of the session until the
present time attributng all the difficulties which were
the of organization of the House. to party cx-
element, and party discipline. He contended that the
gentlemen who came here claiming seats as members
from n Jersey opposition to those who were regular
w. as lie contendcd, commissioned by the Governor OF
Jersey, had right here than had the tshwomcn
Of Paris who ntrudcd themselves into the National AS
scmbly in the time of the French Revolution. tic con-
tended that the party with which he acted were the on
supporters of the Constitution and laws far as this
question concerned and that they had been strv-
ing from the first TO organize the House. and proceed TO
the despatch Of the public business while all the delay
and disorder that had been witnessed, the consc
qucnccs Of the opposition Of the other party To the adj
mission Of The members who were regularly Gomnis
stoned by the Governor of New Jersey. In arguing
on the rights of these five New Jersey gentlemen to
take their seats he contended that the House had BY
the right to 20 behind their returns: and that
these, cmanating from the authorities "t sovereign
State were conclusive and binding the House. and
could no, be controvcred. Mr.. r. paid a high com.
plimcnt to the common law Of England which he con.
sdcrcd the sacred fountain from which all free in
situations flowed and, arguing that the principles Of the
common law sanctioned the claims of those gentlemen
he contcndcd that in the absence Of any usage in this
the contrary, these gentlemen ought he per
United to take their seats without farther question. Mr.
r. entered into long argument to show the necessity OF
adherng to the forms and tcchnicalirs Of law, and
replied at length Ia those gentlemen who attempted q
cast ricuc OH those technical forms which he deemed
so essential Such arguments, he thought, might be
very useful when it intended to dcludc the ignorant
and honest people The hus,ings, but unworthy
Of this enlightened body to which they had been ad
dressed. The confusion and Inconvenience Of refusing
to allow those members TO take their seats who came
here with the regular commissions of the governor o.
their State had been orclby depicted in the beginning
bv tic gentleman from Pennsy lranid (Alr. Sergeant
and he considered the course taken by the majority %
this House, To be attempt to establish precedent
which, if followed up, would, in after times place
majority of this House in the power of lean minority
Suppose, hereafter, lie said, that parties should be 81
equally balanced i'll this House, that it required bat
small addition TO one side 10 ovcrpower the other Ii
that case, of the parties, following up the precc
dent now attempted 10 be established, might con
test SEATS enough to give them the ma orIy. Their
were men, however, in this country who would never
r submit 10 such daring usurpation of their rights
f but would cxpcnd their liics blood in maintaining
: them Establish this precedent Mr.. Il. SAID, and til,
D time will come when member coming 10 take his sea
here, mus, march up to the table with his crcdent'a
in one hand, and his dagger III the other He spoke no
tbs l.: spirit OF bravado but merely supposn.
the necessity to which might b. drrc::, VIII
knows his rights and darcS maintain them. Gentle
men said that the fraud involved III these returns
manifest, that it absolutely necessary 90 be
hind them. But, he said, if there was fraud you can
not remedy it. for YOU moi tribunal competent Il
Try it. The Jury was not rmpanncllcd the evidence
was not before 1t, and the not ready for tsal
Mr.. ; further conicnd"d that there fraud prac
: ised the people OF New Jersey il fraud which
y the House was not now empowered to try But ht
would ask gentlemen how they arrived at the concll
sion that there fraud practiscd: Did they arrv,
at that conclusion from tho evidence of scurrlnus news
i papers He thought that those gentlemen who hat
thus prcjudgcd the should BE- estoppcd from here
after sitting the trial Of it. and that Justice, vel
" dclcacy, should prevent them from trying caus,
> which they had already decided
Mr.. yhNDERPDEL observed that the debate, lp
for the last day two, had been much on one side
that opportunity had been allowed of saying an,
thing tie other side. lfhe thought that its prorac
ton would make single convert, he would be will
ing to sit here for week; but every gentleman hat
made up his mind on side the other, and he d
: not believe that any would change his opinions
, they 10 sit here till doomsday. He would there
y fore, move to lay the whole subject on the table
: Mr.. WISE inquired whether the motion was il
order
: i IL,