The people's press, and Addison County Democrat. [volume] (Middlebury, Vt.) 1838-1841, 1839-12-10


yhv then ask advice of the House.
Mr. Biddle took occasion TO comment
severely on the privilege lodged in the
hands of the clerk at the-opening OF Con-
gross. He had the power to pass over
member--disfranchise state-slmPly be-
cause his seat was disputed. What an
enormous precedent was this for the settle
ment of similar contests in future.
The discussion was prolonged until the
hour for adjournment, at four O'Clock, which
took plach without any action beng taken
on the several propositions before the
House
THE debate occupied the day on Tues
dav. apparently without approaching a
termination. We regret that we have on
| " time for partial report
AT noon this day the members OF the II.
of Representatives were again called to
order bv Mr.. Garland, clerk of the House
for the last congress. After which ne stat
ed that when the House adjourned yester-
dav several questions were before 1t which
still remained undecided; and gentleman
| from N. Carolina (Mr. Bynum) was by us
aye entitled to the floor this morning. With
the permission of that gentleman the clerk
said he had a respectful appeal TO present
to the House. No man had felt or could
feel more profoundly than himself, the
painful difficulty of his present sltuatIon.-
From the beginning he had been deeply
sensible of the high responsibility cast up
OIL him bv circumstances, and under which
he was compelled TO act. And now be-
fore God and his country, he assured those
whom he was addressing. that he had had
but one object in view. which was to do
his duty in the case. He was placed. as
every gentleman must perceive. IN an en-
tirelv novel situation. All former claims
had been presented on petition to the
House itself; the clerk had nothing to do
with them. To this The only exception
had been the case of Messrs. Letcher and
Moor. where the House, from the neces-
sitv of the case, had been called upon TO
act previous to the regular organization
and in that instance the embarrassment
was so great that the case could not have
been decided in fortnight, probably, had
not both the claimants, by mutual consent
agreed to retire. But here, in the present
case. the evidence in favor of the conflict
ing claims had been brought TO the clerk,
presented in his office and forced upon him.
What was he to dol He now appealed
to the House. and asked that he might be
permitted to make a statement OF The
grougds upon which ne had acted thus far.
mfr. Jenifer Of Maryland objected, I'M
less the clerk should express an intention
to review his course. The clerk declined
doing so. Mr.. Wise wished the clerk to
be heard. Mr.. White of Ky. objected,
and amid cries of go onF "Agreed!' "Nol
now Sc, proceeded to show the impro-
priety of such course. Mr.. Wise was
still in favor of hearing the clerk, and after
some interruption, proceeded-]-
Mr. w. then addressed the clerk personal y, q
said he was sorry his relations 10 linn were not
of that intimate character which would nave Jus,
tilted him TO visit the clerk in his chamber, aud
there to talk with him as sworn officer OF Con-
qress. as man, as a Virginia gentleman, as a
Christian. Who needed no oath TO bind HIM to
his duty. If the right formation Of the roll OF
CONGRESS was a duty. it was duty he was sworn
TO perfurm He agreed that The clerk was not u
juige of the claims of members to their seats,
nor was any other gentleman present at this time
a imdoe. Gentlemen might then ask. was therd
NO ;ud.eq Yes their was. There were two pro
visions in the consti'ut on, one Of which applied
10 members wilhelm transitu, between.the time oil
/ their election and heir taking the oath OF ofhce.
and another which applied 10 them when duly
sworn. The first declared that the times. places,
and moie OF hnding and of certifying elections
should be left TO the states, unless congress
should make law on the SUBJECT Congress mad
passed no law, and the states had accordingly
regulated the after each IN ms own way.
MIR w. proceeded 10 detail the mode ordained
nv virginia. and insisted that the sherffs were
there The iudges they constituted the tribunal TO
decide tribunal sitting at home under Their
own state sovereignty. This tribunal testihed
the fact of each man election, not 10 this house
but 10 The member himselfand when that certif-
cate was shown 10 tie Gle of the house, his dl-
~ was no. judicial at all, but simply ministerial;
| he was not 10 Judge. but Sill ply t" record. And
now Mr. clerk, said Mr. W., ask you, have you,
! or have you not received the evidence IN the
present case? You have asked the house toJudge;
but the hou,e at present has right 10 judge; it
comes hack to YOU at last. You must aci for
yourselE: a nd this Is the main view which would
press Oh you as man, gentleman, as an ed
| heated Viroinian as a Christian, as an oftrer
bound by oath to perform a ministerial duty
! would have you to do that at once and directly
which you will soon be compelled 10 do Indirect
". For, mind you, in refusing to decide, you
do in fac! decide. Your not deciding has all the
potential effect of a judgment. Some one must
act, for the house cannot Some one of the house
must decide this questIon-must Of necessity; for
if the house attempts to decide it, who are to vote?
Is MIR Yorke? Is Mr. Aycriggl Or are Mr.
Dckerson aid his companions? Or are both2-
If both sides vote. or if neither side votes, the
votes are lost. We come tn You-you must ex-
ercise your conscientious Judgment and do your
duy. and you may as wei! do il first as last. New
Jersey gentlemen on both sides will claim TO
vote. and who is TO settle their right? At every
vote the same difficulty will arise over and over,
and YOU must act at last.
Mr. w. farther insisted that the question was
M, now what the governor Of New Jersey ought