Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-05

fed 10 call the roll Iir had decided that the credentials
Of the members from the State Of Massachusetts were
in due form: he had invested those n'HiirfS win ''
hadpe of oicc and he had said that they were m"m
hers WHY had he done THIS. Tie had "Nani"d
their credentials and the laws bearing upon thcii
rs It was his duty dc" and he had SAID ihi ihs" ere
drniias were cuuiorInabc 10 the laws. Dd no. this
sLov that he considered this to b. his duty IN the tTs'
instance lie OR 3D. cont,nded that III" Clerk, where
there was cas-, which satisfied his judgment, was
bound Ia upon II: and that #. a man 81 mono"
and truth lh,. Clerk had doubt which Sc" OF crhr-
tias conform 10 the law ." the stab, II" was bound u
announce, tn, House the names ot fh gentlemen
whose. credentials did 50 conform. IL" had uhrady dS-
CHARGED that duty with rcSmrt to Vih'Ts; WI! u'h
shrink from il now: WHY moi do with III" members
from New Jersey he had done III the case {" NE
members from Massachusetts. ]; seemed To MN hF
b. 10 b. one the aincSl duties that could be- imposed
upon man.
Did The credentials Of The ncuh,rS from View JriSty
conform the law of that State If, ~ the "pi,on 9"
the Clerk they did motif doubt existed "h"n IA"
complied with the acquisitions o. the aw- hts IId@-
mnt was ut fault the matter To he referred 10 tlc
House ond the House might pass upon H. Or ~ me
Clerk made, decision Which erroneous, or "ihI"u
Ia be So then also there appeal 10 The li"lSc'
II was s House, or this body, (by whatever name II
miuht b caicd) whose advice t,. Clerk must ASK hu'
IN lie first place r was called upon by USAGE t" cNcr-
else sound Judgment IN the premises and, upon r!,i'c'
side an appeal would lie from that Judgment lhiS
body possrsS, the RICH! Which 'hrir fathers
possessed when they threw oil In" BRITISH Yoke
when under the necessity OF taking solnr M" i'fh
Of organization The onuS, III the FIRST instance,
was thrown upon the Judgment and conscience OF tn"
Clerk pom that bcs Judgment he was bound |" act:
and if any thing wrong, there was an appeal. ii
the case was - doubtful that he could not come 10 4
conclus:on then, probably hr liad riHhl !" ash ur
! advics. or opinion of this body.
Mr. Sladc desired 10 say word III explanation OF M"
4 former armrImcnt-whch WAS, that bare quorum OF
the House might decide upon the qualifications "t Ms
members He had not been IN tlit ia5;t q" arguing,
from the abuse of power, is n0ncXistCncr lie had
spoken of that which, from the necessity ot the east,
must hr done He had spoken ol tic power granted /"
the Clerk of the old House By imnrm"rial nSa re-
Now when the Clerk had called the names unt! quo
rum had been formed he (Alf. 81 conlcndcd That, IN
strictncss the Clerk would then have right 10 put 10
that quorum to decide 10 the rights Of the members
But no one would act according 10 such sir.ctnrSS.
Every one would perceive that the iair spirit Of the
rule required the Clerk TO 70 through the call; and II
would be violation OF the spirit OF the ru" I" call over
Il bare quorum The spirit of the rule, every man
of honor would admit required the Clerk tn &" through
all the names and who entitled to their
seats and who not, by something in the shape OF
| Drihd facie evidence.
The Clerk had TO do one OF two things in The present
case he had either 90, take the responsibility oi dc
Gliding which of the ten contcSting members from The
State of y Jersey entitled to their seats, ar 10 say
his Judgment at fault and that h" could not decide
Which should ne do: To his (Nlr. 50 mlnd there
could be dispute on that point Did not gentlemen
know that if they put the Clerk to the alternative O!
saving who were entitled To their seats they t!lcrch?
compelled him either to perform what mght be almost
an mppSSibity, they put IL IN has power I" perform
an act which mght result in consequences more serious
than would follow from mere decision 10 put down
any name: The cnvronrd with difficulty on
every side. Something must be done I" organize the
| House, and what II !;
MIR Mercer was understood 10 inquire by wha;
power the frs, House organized There was no Clerk
i there.
Mr. Slalo said. neither there any usage. They
might have organ.zcdby calling grag haired man
to the Chair-by doing was done al The meeting III
Fancu Hall at Philadelphia. They might hav"
called 10 the Char Moderator u Speaker
that resulted from the necessity OF the case. II" did
moi say that the mere fact of coming to contest
Il seat would make such would Justify III" clrrk
in actiur BIZ no means There must be- cn!or OF
claim. ! do not color Of an idea a was once
suggested here but color of claim, IN Justify the Clerk
in acting at all. lie act here upon is conscience
If man came here with certificate at election from
Governor Secretary Of State who has no authority
to Issue it, let the responsibility rest upon those who had
abused their power All OF us acted under response
blity to public opinion. There thousand cases
in which power had been abused III this country hn
that abuse of power did not justify tic conclusion that
there no power at all. In this Government Of
freedom, those who abused their power were r"*pon-
sibc for H. The gentleman from Pennsylvania (21r.
Biddc) had himself admitted that when the Judgment
oftle Clerk at fault he must defer the matter To
the House. and that the House must decide. This
precisely his (Alr So view But the question pre-.
, scented itself, What this House Who were tho
House: Suppose the yeas and nays called, who
were answer: THIS appeared to him ms urIio,nt
able objections and he would rather the risk Of the
other course he had named than of the consequences
which must result from this. He prepared III Tins
and all other cases to do his duty here, and let the
consequences take of themselves. If the gentle
men from New Jersey should hc improperly put out of
their By the action Of this body, great injustice
would no doubt be done: bnt yet, if that injustice
done in the execution of fair rule IL must BE- left 10
the people to decide the question: whether the power of
this body had been abused He confessed his under.
standing was obtusc to enable him to point any
other mode o:scttling the difficulty.
Mr. Sergeant Though heard very impcr(cc,ly) was
understood say that hc regarded the dnty of the Clerk
ofhc House of Representatives. under the uSagrs Of late
years. to be limited and very PLAIN one and that
whatever doubts difficulties might hang the
question occaSoned b. what seemed 10 him TO be
| a departure from the line of usage What did the
House understand from the Clerk; Why, that there
was contest The worthy member from Vermont (Alr.
Sadr) had said if there color of claim the Clerk
was justified IL acting. According TO that, then, il was
The duty OF The Clerk take coors Of CLAIMS and lila.
found them, 10 do-wiat: To keep out Of his seat the
person who offered himself as . Representative Of
State however clear his might be- The gentleman
SAID that the Clerk competent to dccldc-upon
what; The colcr of claim However s. Git it mght
be- however sure he might be that there was nothing
in it, the Clerk suffer that color of claim 10 IN
crposc between the Representative and his seat
for single instant; Take, for example, tn" Stat" ot
Delaware, which has only Representative Was
he 10 be kept Of his seat by color Of claim No
he (AIr s. did understand the duty of the Clerk
to H. suck. He took ii that the usage under which the
Clerk performed the duty which he perform
ing applicable only to single point and that was,
to the varltcaion Of the credentials in point Of GENT
inencss and form.
Mr. s, after speaking Of what he considered tlI" be-
coming dclicacy with which the Clerk had acted pre-
ccrdrd say. what is that the Clerk does: He keeps
of their the Delegates from the State q" New
Jersey although il may appear observation-disclosures It
NAV appear now-thai they entitled to their seats.
because, according to this doctrine, il there is color o:
claim, they arc to pass the matter over I" some Other