Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-11-28

the Na,ional In,eliigenser. which. in our o,;.,.
se,,les the question
eIn the case Of Messrs. Cliborne and GA,
claiming seats a. Representatives iiom Mlsss,inn,
case more familiar s,osi of our readers II Pt-
er cases. because Of more recent date-o,,ih -
was made. al the opening of the last Cona,sss On
their taking their seats On The ground ul nof,,r,
legality in ihe election by virtue of which they az IT.
ell them and resolution was moved. TO TN a
that the House had not sufficient evidence b.Goas
TO entiile those gentlemen TO seats ~ Ren,c,,
t,yes. This motion was resisted III once a,J 'a'
by Mr.. By mum. tafer Mr.. Ciaborne) who M. 'N
to lay the resolution the tsblc on the rronnd
besides other objections, II was hnpfecedeoted r'
last motion was supported by Mr.. Boon. and u"
question being taken, tie resolution was ia53 .'e
the table by nearly an unanimous vote NJ ~"
Claiborne and Oh lson qualified with The o,h'
Members. and acted and voted as such. Neye,ne'
less, at Il subsequent period, after much dsru.t
they were declared not to have been duly eIeo'o,
and their seats were vacated. WI
Another case, of older date, bur well remen,t.
cd: At the Congress which begun its first Sect
on the Gath day of May 1913, John NJ Bowr,. ''oA
turned as Member Of Congress from The State ON
York, took his seat. though il was not denied Nv
Majority OF sever al hundred votes had be, piven
the District which were intended for another pe,son
than him. IL WIS not until the ED of tae na,'
month (June) that the subject was stirred !, ~
seat TO The Ond Of that Extra Session, aud M ha
10Th day Of December. in the Session follouia
when by unanimous vote OF The House, Mr Bouo
was ousied and Isaac Williams, Jr admiral
To a seat in his place, 10 which he reported hn
the Committee Of Elections to be undoubtedly emf.
tied.
In the celebrated case of Messrs. Let.her and
Moore, in which Mr.. Moore had the return. and NJ,
Leeher the right TO the seat, which both were mo-
seut TO claim. il is true that neie' admitted In
the privileges Of Member; but this was the resu, q,
agreement betoeen the parties in order to save he
time Of the House, to waive their Give rights
Yet. IN reference 20 that case. was con,ended bv
the friends of Messrs. Claiborne and Gholson Al ta
last Congress, thai the House ought 10 have allow
ed Mr.. Moore TO take his seat +" when he presenled
his certificate Of elections This case, therefore
is no exception TO the rule established by the upya
ried practice Of fifty years"
The force Of the reasoning upon which the fo,e
going decisions is founded. is apparent at glance
A certificate Of election is the only evidence of any
mans right to seat in the House. If il were 9th
etwise or il il be determined that certificate and The
opposing assertion Of a con,esting claimant are Of
equal validity. j. is easy 10 perceive that all certainly
is at an end, and tina, the dur is opened to endless
confusion aud fraud,
We say no. hing specially Of the New Jersey case.
Tha, We shall leave to be decided by the proper au.
ihority. We only asscr, principles applicable to
every case. and by which tina, case, like all Others,
ought to be tested: and we state il now, because,
while We hope there may difficulty grow out of
its settlement we forcsee that an excitement may
be produced unfavorable TO n calm and dispassonae
consideration Of the facts, to which we now 10 ad.
vance, invite the attention Of our readers.
To verify this statementof the case, copy from the
Globe the report of the remarks made the occasion o
objection to Messrs. Claiborne md Ghosoh taking their
seats, by Mr. Bynun, MS follows:
"Mr Bynum commended that the gentlemen from Mis-
sissipp entitled take their and qualify and that
the motion submitted by the gentleman from Virginia
trcly unprecede In Of contested elections he
member eLhibtng 10 he House prmd fdce erdence Of his
election cas permitted TO take his seat and qualify Then
he considered that the much than
tha, OF contested election because in the tue
right of the gentlemen their contested the
usual manner He hoped tue House oud proceed in
ganzntion, in the heretofore pursued aud according
10 parliamentary usage Gentlemen had referred 10 the
OF Moore and letcher IN support OF their arguments That
might perhaps, be a remotely point but he
to take his seat rhen he presented his certificate election
Mr. Francis Thomas of Mary land another of the friends Of
Messrs Gholson and Claiborne is reported in the
TO have expressed himself the occasion follows
Zone OF the members elect from Mississippi has already told
you he will repair the table be And this he
is right Who shall infringe the principle for which he CON
tend. lie is of the chosen of the people
OF Mississippi. He las NTH him certificate Of eiecos
sgn'd by the orernor Of at State He appears here nth
hts colleague, rih the porer 10 take his seat that ne
each hare. And they hare much auloryo question car
r'yhfto be s~orn as ace hare to dispute heirs