Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1839-12-26
PROTEST or the n. JERSEY MEMBERS.
Correspondence Of he BaAamOre P0tiot.
" .a-aro~ Dec -

Correspondence 81 TIE B1Htmore f0H"S
wAsHIsaTos, Dec. IL
Mr.. RAEDoLPH, Of New jersey, whose seat =
not contested, rose and said be had s paper IN rel
erence to the claims Of his colleagues, which be
wished to be read for the Information of the House.
This produced an immense Auitering among the
Van BnfeDiies. Several objected, Mr.. WANDER
PoEL called upon Mr.. RAeD0LFH TO state the sub
stance Of the paper. Mr.. RAsDoLPH replied thar
he would read it himself, as the shortest way oil
giving an account Of rs contents.
MIR SMITH Of Maine objected 10 that also. Ar.
WISE reminded The Van Burenites that they had
allowed a member, one oftheir own men, (DUScAN)
to read paper after paper. Loud cries Of" Read !
read ~ " Go on! GO on o. re.ounded in every part
Of the Hall. Mr.. YANDERroELsaid, Well, let IL
be read I" and the train-bands catching the word
from their leader, scquiesced.
Mr.. RAsDoLPH then read the paper, as follows:
We, the Undersigned Representatives Of the State
Of New Jersey, duly commissioned as such in con-
fofmiiy with the laws Of said State, having been IN
part excluded from our privileges in this meeting of
the House Of representatives, deem IL our duty to
plrce before this body and the country, or views
with respect to the rights Of our State and ofour-
selves, and the powers and duties of this meeting.
We therefore affirm in the presence of the mem
beers Of the House OF Representatives here Assem-.
bled. and Of the whole American people, the truth
Of the following propositions =:
/. That by the Constitution Of the United States,
each State has the power 10 prescribe by law the
time, place, and manner Of holding elections for its
own Representatives in Congress, which power in
eludes the right Of prescribing the time, place, and
manner Of ascerisining and making known the re-
suit to Congress and the world.
2. That the determination of the State authorities
authenticated in the manner prescribed by the
State law, is the only evidence Of the election of
members of The House of Representatives which
can be received ptinr to the organization of the
House; and is final and conclusive until reversed
by the House itself duly organized.
3. That no one who cannot produce the evidence
Of his election prescribed by the laws fhis Stale 10
entitled to take a seat in the House of Represents
tiyes, and no one who does produce such evidence
can be excluded before an Investigation by the
House, without a gross violation Of the Constitution
of the United States and the rights of the States
themselves.
A. That the House of Representatives. cannot be
constiiulionally organized, nor a quorum formed,
until all the States of the Union have had an oppor-
tunity to appear by all their Representatives, and
that a constitutional quorum is not merely a rnsjor-
iy Of the Representatives, elect,-after the atbitra-
ny exclusion. OF other members on any pretext what
ever but a majority of all the members from all
The States after each State has had an opportunity
to appear 10y her Representative, and to constitute
a part Of that quorum.
5. That the body hero assembled, having no ju-
uittdi poWtIHs possessing ~ WtdhS " ottlsHS iOi
persons and papets-not legally authorized TO ex-
anime witnesses, under oath, and expressly forbid
| den by the law to go into the consideration of any
business, hefole the House is organized, and the
oath 10 support the Constitution administered to its
members-canno exercise the highest judicial func-
ton belonging to the House Of Representatives. that
of reviewing and revising the decisions of the State
authorities in relation to their own elections; and
that its only power Is to require the persons appea-
ring here as members to produce the credentials
prescribed by the laws of their respective States.
&. That the State of New Jersey, having, by law,
prescribed the time, place, and manner, of holding
elections; and also the time, place, and manner, of
making known the result; aud having for that pur-
pose, selected the highest kind Of evidence known
to the Constitution, TO the common law, to the par
liamentafy law, and To the law of nations-a com.
mission under her great seal, and signed by her
Executive-bas thus mnde known to Congress and
to the wornl that we are her Representatives III the
twenty-sixth Congress.
This body having in derogation Of the ptinciples
above afirmcd, refused in part TO recognize our Gre
dentials, and that upon the authority Of a paper,
which emanating from an officer not recognized by
The laws of New Jersey regulating elections, and
therefore not under the sanction Of an official
oath-stating merely differences from otaer papers,
themselves not evidence, being e&parte alidavits
taken without authority of the law and without no.
tice to us. and proved by the law itself to be false
upon its face, could not be received as proof Of the
facts It asserts to any court of record in the Union
and an intention being manifested to carry further
this insult to our State, and to consummate the out.
rage upon her rights by excluding US. her Repre-
sentatves, from taking part in The organization of
the House-we in the name of our STATE and of
ourselves, and in behalf of our Common Country
ana OF all the other States, whose rights are outla-
sed IN the violation of ours, do most solemnlv Pro.
test against every such usurpation Of power by this
body-and do utterly disciaim its right to do an act
which WILDE a bolder and more fragrant violation of
the Constitution Of the United States, and of the
laws and rights Of the States themselves, than has
ever yet been attempted in this country.
JOHN b. AYCRlGG,
CHARLES c. STRATTON,
JOHN p. B. MAXWELL,
WILLIAM HALSIED,
T. JONES YORKE.
WAsHEEcToN, December l2ih, A. D. 1889.
D.a a.