The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-19

..n, 4 new question IL is question 70 be decided
NV on evidences now 70 be sddoced, Then the mem
hers we're not sworn the House organised, and they
Nd no power decide the question. or even 70 90 into
no inquiry a. 10 the validity Of the credentials but
now ~c sworn Judges with power 70 Try and deter
mine, -,
lowing
Resol,ed, That Ms.sr, John B. Aycnrg. William
Y,.ed J. p. b. Maxwell. Charles G. Ssra,ton. and
Thos Jones Yorke NOT entitled to be sworn ss men,
her, Of this House from the State Of New jersey.
Mr. Wiss My colleague ar Dromgoole) will not,
bone forget so soon AFTER we have escaped from
ehrsas state, now that we have just got our wings,
h, one OF the charges OF usapaton against the honor
NE gentleman who lately presided in that Chair was,
that he assumed put questions 70 the house, la his
own FORM which nobody had meved. You, cir. have
ot 40 acted Won have not assumed 10 give direction
"a the action Of this body You stated 10 your own
CONVICTIONS and what would be the question for this
house settle; but yon did not. on yonr own mere
mo,oa undertake TO decide IN what precise FORM tho
question should be presented ,ohe house That would
necessarily be question Of order Bot you stated the
rrea, question Of right Not believing thst gentlemen
Would offer resolution in this shape themselves have
taken the liberty Of anticipating their movements and
move YOU the resolution 10 negafiee form. Ii this
decided ia the negative by tie otherwise, il will
be what the oglcians call negafioe pregnant, and
,,,l amount in fact q negative vote. presume the
Char has no prediction for any particular form id
which the substantial question shall be pac ed before the
House,
oueson TO this House for decision, whether those gen.
Ietnen demanding TO have tho oath administered to
hem shall he sworn; but he did not decide as to the
particular form Of the proposition He merely indcs-
led what was his impression as to what the ques-
,oo would be which he should have put TO the House,
| ahouId relieva m frptn M
necessity BY submitting proposition. He should sub
mi, the resolution now moved by the gentleman from
Virginia
Mr. WISE Then was not mistaken in my UNDER
Standing Of the Chair and now, with great pleasure,
relieve him from all embarrassment by moving my re-
solution; and-uness there strong to the
contrary pausing and looking round) will move the
previous question.
f. How eau you'll We have no rues!"l
Mr. WISE. Well, will withdraw my call for the
previous question. and just submit my resolution.
4 Atsr some further debate batween Messrs Tho
mas, Wise and Tillinghast,
Mr.. SERGEANT rose and said that he approved
j heartily Of the course which had been adopted by
tue Chair in offering to the House the consideration
81 this question, and as to the mode in which u
should be presented. That he had not understood
the Chair to decide, but he understood that It was
sh 10 the House
The gentleman from Virginia, Mr. Wise thus
cicumstanced, had offered resolution which ne
IT. "
Inc spirit and provisions Of the Constitution of the
unted States. The first question which presented
Itself here was no less Than this. II gentlemen pre-
sented themselves, with regular credentials, Offering
tobe sworn, were they 10 be excluded by less than
majority of the House In other words, did il re-
ouire majority 10 bring them in, or did II require
majority 10 exclude them2 Those who maintained
thath required majority TO bring them in, main
nued what appeared 10 be aplainly unconstitutional
tatine because it assumed that to entitle gentle
man 10 a seat and to be sworn he must have some
Ting more than the regular credentials Of the State
that was to say, the aid OF majority OF the House;
add thus, whether members were 10 be admitted or
HG was made dependent upon that circumstances
He considered the decision of this House, made
Nne days since, as being on this account Of very
toObtiul character, g say the least; nay, he could
consider the decision in that instance as comtor-
mbe 10 the Constitution In its terms spirit mas
much as that decision, too, went upon the ground
thai majority must invite the members in, or that
they could not come in, notwithstanding they had the
regular credentials.
Now, was that the law Of the land /? II there were
choice between TWO modes Of putting the question:
was not plainly constitutional 10 give il that form
X and direction which should yield to the voice of a
sovereign State the greatest power which should be-
onsn i, at least until hushed by majority OF this
~ House Or, should they Gas in former instance)
regard that voice as nothing, and determine that
gthiemen could not be sworn until majority de-
cared them entitled to como ina
Now what was the present easel Who were
called TO decide upon it, and what was it upon which
hey had to decided This was not yet the House Of
representatives of the United Stales--he meant in
Prtect and organized sense--and for this reason
Ga he held House In all stages of It's existence 10
man a representation Of each Of the States Of the
taon in the proportion given to them by the Con-
shlion, or BY the laws made in obedience 10 It.
And the very first reqnisition Of the Constitution
vas hat in every stage of the existence Of the House
FgeY State should be represented. The same clause
the Constitution, which had heretofore been read
par, declared that whatever might be done in re-
Moa 10 the apporionment of representatives, to
number required to give a votc-no State should
Gd unIepresened. II she had not enough under
awS TO entitle her to more, she should SILL al all
Mes have one Representatiyes-thu proving that
DER The Constitution Of the United States, no Con-
rs was perfectly in existence for the purposes for
aGn il was established, until every State had had
Pportuny OF being represented Was there any
la OF this : Let us look further.
ne latter part oil the third clause of the second
dDH oil the first article of the Constitution said:
The numb,r of Representatives shall not exceed
fnr every thirty thousand, but each State shall
Hat least one Representative"
Yet Mr.. s. continuedl she was TO have one becapse
Congress- OF the United States was to consist OF
esentation from every State Now, what gentle
proposed was, to constitute the Congress Of the
KN States withouta representation from the State
New Jersey. How! BY the Representatives OF the
G Nates voting against the admission of her mem.
and hh were tie that was to say, If there was
am")'r''y IN favor Of admission, then State was
| deprived OF that representation which the Cons,i-
n o. The United States distinctly declared that she
@Sa'c How was it that the States OF the Union
mA@"n to the Congress Of the United Statesf AS
"I bodies, as sovereign and independent States
@"'Ao sphere OF their suthonty And he would saw
@t that, under the Constitution and laws as now
s, State was not otherwise known 10 the Con-
u the United States than as an organic BODY
e members Of that House had no right, under he
gIa"s' aud IN The present state Of things to look
view JERSEY other State hntas
ian independent and sovereign power, coming
aiming to have representation and TO participate
Nsy thing that was done under the Constitution. u
Had New Jersey failed TO do her duty under