The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-25


Of the election, and that for that purpose The Governor
is returning officer OF this House. ! think, me
commission 10 mere return, the argument - MOI iH
from being right. Bot in what degrading poslsion
does place the sovereign States Of this Confectionery
II the commission return o. the elections, and the
Governor Of State 10 officer Of this HOUSE, o.
course be must be amcnsbe aDd responsible 70 THIS
House May he be dragged here, and punished ior
any imputed fraud in his rslurnsf And where would
be the pride and sovereignty Of the States ~ me ops
ration Of so monslIous poslonf II law we're
passed by Congress making the Governors OF the otaes
our returning officers under the pretext OF the power
Of "prescbing the time place, and manner OF holding
elections" What State Ia this Unon from The largest
to the smslest--from New York TO Delawsre--would
submit TO Il Sir, hold IN my hand The commission
OF my membership 10 represent the State oi South
Carolina on this floor under her seal Of State ana inc
signature Of her Governor. Do you think hold II 10
be parity with the returns OF the inferior agents o.
the elections and TO carry with Il no more dignity Ana
power than the certificates OF such lguobc ana con-
templibe Instruments (f reputation does not belle
them) as figured al Millville and South Amooyi Is
this commission, with lie proud motto blaFonsd uPoni
ausorpation-a mere nullityor worse than noility
"a ioul instrument, by which the high Executive OF
South Carolina is made amenable TO this House -
Would HE itself be worth such dishonorl
win now, Mr.. Chairman, briefly recur to the con-
duct have pursued ~ carrying out the principles
have here supported did no~vote for the resell luton
Of The gentleman from Virginia, (Mr Wise,) declaring
that the roll should be called the usual order of
States aud that the gentlemen fiop New Jersey, who
hold the commission from the Governor should take
their seats, Tor three winch covered by
the resolution had given notice should present as
substitute IN the first place, II hrs course had been
pursued, these gentlemen would have been indicted
into their seats and thus have been empowered 10 vote
in their cases, on any subsequent investigation.
The House will bear in mind that as you, sir,
installed in that chair the question whether
these gentlemen had right to vote on the matter Q,
these contested seats, 10 which they Interested
called 10 your attention the rule Of the House which
thought disqualified them from voting You deermin-
ed, however that they had right TO vote, and that
their interest IN their seats not personal but repre-
senativethe interest Of their constituents From this
decision there an appeal, and voted against their
right could not, with the least consistency vote for
resolution which, without any change of circumstances,
overrued what had been DONE and gave the very right
OF voting had denied In the second place. the reso-
luton Of the gentleman from Virginia is in direct con-
flct with principle have avowed and which deem
exceedingly important in this controversy 1t is that
principle, ably exposed and advocated by the honoia
BILE gentleman from Kentucky, (Mr Underwood) that
we have right TO recognise, and right to refuse to
recognise, each other as members OF Congress and
upon refusal to recognise any member Of Congress,
be should stand aside until all who recognise each other
had taken their seats Judicial tribunal would thus
be organized OF those whose seats uncontested to
determine upon those whose seats contested. Now,
the resolution from the gentleman from Virginia, II
principle. Without any tribunal organized from the
members hose seats were Observation-Disclosures the
right Of setting aside those whose seats con-
tested-in dlect conflict with the right Of members to
refuse to recognise any claimant member of Con
gress, Il proposed at to nduct the gentlemen from
New Jersey who had the Governors commission. into
Having already voted against such course,
! had alternative but to act still The third rea
for my voting against the resolution OF the gentle
from Virginia was, that it did mo-, affirm the power
he ~ aida
OF the elections qualifications and returns OF its men,
bers" The whole case-al the testimony on your ta-
Bile was not laid before US and to give Judgment
short of the broadcast exposition Of facts before might
give the inference that did not think had right
to have them EXPOSED for judicial determination
Maintaining as do. that this House is the House Of
Representatives Of the Congress Of the United States
as fully competent al any future time TO Judge
Of the elections, returns and qualifications of It's
bers," did deem it consistent with such position
to vote for proposition which did not distinctly affirm
this right To settle and establish right principles is far
important than TO do Justice to any man because
in such case justice the individual may be the pre-
cedent for the grossest wrong to others.
have thus, Mr., Chappan, briefly assigned my rea-
for voting against the resolution of the gentleman
from Virginia The propositions which these reasons
establish all contained in the resolution proposed
substitute; which has been adopted by the House.
Whilst agreeing the result with those who maintain
that those who hold the Governors commission should
my previously expressed opinion and conduct GO with
them in their manner Of obtaining it.
voted for the gentleman from Pennsy wanna, Mr..
Nay taking his seat, because, from the terms Of the
law Of Pennsy the proclamation Of the Governor
declaring who were members Of Congress to represent
that State to be issued within certain number Of
days (twenty days, / Think after the election The
Governor Of Pennsy (at that time Governor Rt
ner) did. within the time prescribed by law, issue his
proclamation, declaring Mr.. Naylor a member OF Con-
gress. The subsequent proclamation Of Governor
Porter declaring Mr. Ingerso elected, without, the
time prescribed by law, and was, therefore, wholly
authorized. In the New Jersey cases now before Us,
we have the commission Of the Governor We have
this commission lmpugned upon the grounds Of TACT
and have these facts denied by those holding the
commission We canlot, now, sir, in this stage OF our
organization 60 into an elaborate consideration OF these
facts and nothing short of full and elaborate cons
Iteration Of them would be dispensing justice. The
Governors commission is title, to be set aside only
upon the ceaest proof of fraud in its creation but
when the alleged fraud is disputed and Denied upon
what principle of justice, which has obtained
Judicial or legislative bodies you stop short at the
allegation OF fraud, and allow the allegation to be
disproyedl We have the alternative, then, presented
to us, of stopping at the commission, or OF going,
at this stage Of organization, into the merits Of
the whole case If we go into the merits OF the
whole case, send for persons and papers, hear testi
mony, and hear argument will gentlemen tell me when
the investigation will end l doubt not the power Of
the House go into the investigation but the argu
ment ab inconu,en against such course appears to
irresistible. There other matters before the
try of grave Importance, besides the seats Of these
five gentlemen from New Jersey. We should admit
Think those who have the Governors commission, in
the organization OF the House and when the House
fully organized, refer the whole matter to the
mee of privileges of elections. In the mean time,
shall have put end to the angry and dsgraceful
struggle in which engaged, and the bust
ness Of the People will go
Nj I bav, hrioa he
would permit stated my opinions some OF the ques-
tons before YOU and my for the course have
pursued and shall pursue They throw me into coop
GRAFTON with those to whom have generally been OPP