Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-21

in it.
Mr.. D. next catered into refutation Of Mr. Ser
rrants position, that there never any lntcrcgnum
of the House of Representatives but that II was per-
petual body This he denied. One of the first dstnc-
tons he had learned between the two Houses was,
that the Senate perpetual body hui the ousf
ceased to exist with the expiration OF The term ior whch
ito members were elected and that at every Congress
there was a new House OF Representatives lie no
believed in the unbrokcn succession OF the House
OF Representatives. than he did in the unbroken success
sion of the line of the Popes from St Peter down this
time.
Mr. D. said he had shown before, that they were not
10 look the body Of the representatives OF State as
the representation of the State ITSELF but to look at IT.
under the Constitution, the representation OF the
people of that State Gentlemen seemed to have great
fears about going into conflict with the laws OF state
but said Mr. d., there decisions OF thus House,
which, finding State laws standing in the way OF the
Constitution have them aside and this IS not 60
ing conflict with the laws of that state but merely
passing them by, because they did not conform TO inc
Constitution. Mr.. ID. quoted the case OF Mr. Barney
of Maryland whose seat was contested, to snow thal
the House set aside law of the State of Maryland,
renuiring qualification residence, which was not
required by the Constitution; that instrument requiring
only the member TO be, when elected, an nhabitan OF
the State from which he IS chosen But gentlemen
would perceive the absurdity TO which they would De
driven by contending that the cnactments OF state
are binding on the ii. of r., to the elections and
returns of its members. II, as gentlemen say, these
certificates and seals conclusive as to the right OF
such elections and returns is solely empowered to
do by the Constitution, Ii this doctrine OF the gen
tleman from Pennsylvania IS IN accordance WIN WHAT
he conceiyes be the States Rights doctrines, u was
a species of notification. he apprchcnd"d that MS
States Rrhts friends would not go for The Nullitica-
ton party as he understood at the same time appeal
ing to Mr. Pickens,) inerposed the State sovereign
e TO arrest an unconstitutional law but this nulfy-
ING the Constitution Of the L. ). by State enact
msnt, as the gentleman from rennsyl vania would now
have IL was poinr further than any Nuher he ever
heard of, was disposed to 90. Thus much as to Inc
rights of the States. He fattered himself that all ic
State Rigllts gentlemen were now with HIM
But gentlemen asserted that some persons must take
their seats as members from the State of New jersey pc
fore the House decide The matter 81 should IKE
isaid Mr. d. 'sfor gentlemen to show me ihtf a"'o
" for this. should Ike 10 know when !, was urc'u.
that member must take his seat before II can De ae
c;ded whether he is entitled TO IT. Mr.. d. here refer
rcd 10 the decision IN the of Mr.. Edwards OF Ma
rvond 10 show the error of his posIton and Also TOT
the same purpose, referred to the case OF MI 'oi h
nrds a member from the State OF PENNSYLVANIA, IN
,rhcb Ease the Governor of that State acted with much
more delicacy and moderation than the Governor OF y
Jersey: for he gave the lssIon 10 neither OF inc
contcndng parties but left the controversy TO be de-
c;d.d by the House. Now in this New Jersey case
',t refusal of the Governor to give his certificates
yould not in the least have pre- udIced the Ct aims
Of those gentlemen TO whom he did give ueih
for they would still have had the same rights winch
they now possessed, and which only the House was
com,.,.nt 10 decide This book, Iholdng up the vo-
Iumc of contested election cases SAID Mr. d. Is full Of
cases in which the House has counted the votes, either
where the authorities the States refused !" count eh
or where they returned too late I" be counted I'M
der the SatI laws He would not undertake here 10 d.
fine what was by the phrase 'prt"" tHc'e c''-
dcncc but he grossly deceived fit meant any thing
more than first blush evidence and became good only
IN The absence of testimony to conrorcrt H. loa can.
not cn said Mr.. d. where there Is clear, strong ana
impartai testimony staring you IN the lace, lmpca'-
mo this zyisG4 facie evidence. conclude that YOU VIII
not give il hearing. without violating every prnciplE
Of Justice well Of ,ie Constitution oil the lhited
States.
After having shown the power OF TIE House 10 ex-
AMINO into all the returns of III members, bo'n PRIMARY
and ultimate Mr. D. would merely say that II the cer
fcates of the Secretary of State are not evidence
IN this case IL twice decided III The House, III me
case Of Spadn" and Mead that they we're; and further,
that this was the first time that the certificate ana seal
Of an Office of record considered good evidence
with regard to the records IN that oihcc lie haa
briefly touched on the points involved IN TINS case, Tor
the purpo.c of showing that the House ought not to
resolve with this nconsdcratc, he would not say m
decent haste that they would not look into the I'M
portant testimony uIraching these certificates, but
ought to make up decision after full knowledge OF
all the evidence belonging to this lie alr Drom-
roalel was for going regularly INTO an examination
of this case and for gong into It III tangible fotia
He was for permitting both parties to be heard 0"
their trial Believing this 10 be the coarse required
well by expectancy as by Jastce'Ihc woulo
emen had the right the returns, vote tor the pro
position of his colleague; for II would rot be riGh
10. lust PREJUDICE the case before asccratng al Inc
facts connected with it. lie hoped, therefore, mat u
would be the pleasure Of the House to have the whole
case faiTy brought before Them and then, after hear
inr both parties discuss calmly and deliberately, and
decide upou it s,h a full understanding Of lis merits
Mr.. d. said that he ras for gong INTO an examination
of this question through the medium of a committee
both for the sake of convenience, and for the SAKE
Of bringing all the evidence more clearly within the
view of the members of that body This would be II
conformity with the precedent established IN ,h' cas
Of Moore and Leclcr where 1t was solcmhiy dccidc'
that pending the controversy, neither party should b.
permitted 10 qualify. He believed there wasnot single
exception in decided in either branch OF Con
yrcSS, where gentlemen presenting themselves, am
whose credentials objected TO, IN which the mat
not referred to committee, who reported b.
fore there any further action upon It. The hooi
full Of such cases, and gcntlemen with all thci
ingenuity, could not find single case. IN winch con
rrary course was taken. He found cases where TN
Governors of States had commissioned members, an
where they were permitted to qualify, but were sen
with their credentials to committee. Where no qucs
ton with regard to the credentials raised, the mem
Der presenting them always permitted 10 qualify
Of course; but whenever the question raised TO IL
validity of their commission, they not suffered I
qualify until it decided that they were entitled 4
their seats. Mr. d. in this part of hs argument rca
the case Of Mr.. Iandon, in the Senate VI the Unite
States in March, lS25 by which ii appeared that Nj
t.. credentials having been objected 10, he was no
permitted TO qualify, but the matter referred to
committee.
Mr. WISE. What the objections to Mr.. Ian
don credentials:
Mr. DROMGOOLE. Not that they ntorma
not that they not signed by the Governor, nc
companed by the broad seal of sovereign State, bu
that the Governor had right to give them. In tn
case of Mr.. Landon, there proposition that h
should be permitted take the OATH and reject
ed and his credentials referred to committee.
There was also, long list of preccdcns 10 the SAM
purport, which he would not take up the time of tn
House By reading, though he would cite one of tn
cases TO show that where the objection raised as t
the credentials, the House went INTO examination
them through the agency of committee Cir ID
here read a case of mcmhcr from the State of Ohio