The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-07
TWENTY-SIXTH CONGRESS.
FIRST Sc SSfON.
HOUSE OF REPRESENTATIVES.
TUESDAY, DECEMBER 3, 1899.


At noon this day the members elect of the House
Of Representatives again called order by Mr.
GARLAND, Clerk OF the house for the last Congress.
After which, he Qhe Clerk) stated that when the
house had adjourned Yesterday, several questions
were before it, which still remained undecided and
gentleman from North Carolina Mr.. BYNuMl was
by usage, entitled to the floor this morning. With
the permission OF that gentleman the Clerk said he
had now respectful appeal TO present 10 the House
No man had felt, could feel more profoundly than
himself the painful difficulty Of his present situation
From the beginning he had been deeply sensible of
the high responsibility cast upon him, by circum-
stances, and under which he was compelled 70 act:
and now, before God and his country, he assured
those whom he was addressing, that he had had but
one object in view, which was; do his duty in the
case. He was placed, as every gentleman yust per-
ceive, in an entirely novel situation. All former
claims TO seats had been presented petition to the
house itself; the Clerk had nothing to do with them.
To this the only exception had been the case OF
Messrs. MooRE and LErcHER, where the House.
from the necessity ofthe case, had been called upon
10 act previously to its regular organization; and In
that instance the embarrassment so great that
the case could not have been decided in fortnight
probably had not both the claimants by mutual con-
sent agreed TO retire. But. here in the present case
the evidences in favor Of the conflicting claims had
been brought TO the Cleik-presented in his Office
and forced upon him. What was he to do 3 Was,
he to take the part OF the House of Represet tives
who were made by the Constitution the sole 3udges
Of the elections returns and qualifications Of their
own members2 He felt most painfully the difficulty
iously investigated the subject, and had come to
conclusion as TO the time and the mode Of presenting
the subject ITSELF and all the difficult questions con-
nec,ed with It, to the house and he now very re-
specially but earnestly appealed to the house, and
asked that, in his own Justification he might be per-
mitted TO make statement of the grounds on which
he had acted thus far. Snch thing not unpre-
cedenled and he hoped permission would be ac-
corded him
Mr.. JENIFER Of Maryland, asked whether the
Clerk had decided TO review the course he had pur-
sued yesterday as TO calling the names of the mem
bcrs elect from New Jersey and come to the copclu-
sion to allow the House of Representatives to 90 on
with It's organization without any interference on
his part?
The CLERK repeated the declaration OF his an1-
ious solicude as to what his duty was but minated
that he could not depart from the course he had thus
far pursued until convinced that il was wrong
Mr.. JENIFER. II the Clerk wishes the House to
proceed in organizing ITSELF let him proceed in cali
ing the names OF those who have prodaced regular
certificates of their election until somebody objects
to his doing SO. He stopped yesterday Of his own
motion, after calling the name Of one member, and
had not called the remaining names of the members
from New Jersey, although nobody had expressed
any objection TO his going on.
Many cries of leave'-others of "object" IRE
ferring to the request Of the Clerk TO be allowed to
make statement TO the house OF the grounds on
which he had proceeded
Mr.. SLADE rose and desired to correct in his
place, error in the report OF the debate of yester
day, in the intellisencer. A gentleman from New
Jersey (Mr. RASDoLPH) had understood him to say
that the Clerk could put questions. He explain
ed by saying that he had said, not that the Clerk
could put questions but that he could put none at
that stage OF the proceedings, because had yet
appeared that quorum Of the members elected to
the 26h Congress was present TO act upon such ques
TONS AT subsequent stage Of the debate, gentle
man from North Carolina Mr.. BYNuM) had imputed
to him Mr.. 81 the remark that, when the Clerk had
called The names Of all the members whose seats are
not contested the House should then proceed to or
ganize. Mr.. 5. corrected the gentleman from North
Carolina by saying that he had not intended to say
that when the Clerk had called the names OF all the
members whose seats are not contested, the house
should then proceed 10 organise but that IL should
then proceed before organizing, 10 act upon the
question OF the contested seats, far as TO decide
who are, prima faeic, entitled 10 such seats. This
explanation, Mr.. 5. said, had not been reported in
its appropriate connection, bu had, by mistake been
placed in connex ion with The remark Of the gentle
man from New Jersey 10 which II obviously had no
relation while The explanation which Uas made in
that connection had been omitted in the report.
Mr. ATHERTON, OF New Hampshire, said he
had understood the Clerk TO ask permission to make
statement explanatory OF the grounds on which he
had proceeded and he understood the house have
acceded to the request. He hoped no gentleman
would object and that the Clerk would be allowed
proceed.
desire. The lew remarks he had made we're in
tended TO express the anxiety he felt 10 perform his
duty in the new and difficult position 10 which he
| found himself The reasons on which he had pro-
ceeded he had reduced TO writing, and asked leave
10 read them to the house in his own vindcaiion.