Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-05

The law you will find that there is not single function
which the Secretary Of State has to perform do not
know that he has tn" custody Of the papers b.
turning to tic law il will be found that the Governor
al New Jersey On the returns being made 10 h, I"
summon The Council The person who has the custp
,lv Of the papers BELONGING 10 The Council is the person
who has the charge Of all The papers, and take it for
Granted therefore that they ar, now III the possession
of The Governor and Council or OF then clerk if they
have Is there any thing from the Clerk 10 the
Council: No.
THIS question becomes very serious ono because, Is
indicated 1T thr outset Of my remarks, the doings q"
this day are or less, direction la those
who come after u>-and say that this is the first time
that any CLERK IN tile Congress Of The United States
ha- ever rhaln." the principle that, under the Con
,,itul.on of tho ntrd STATES, til" man who holds the
is cn,:.lcd 10 seat have looked through the
decision gwen III tie o. Nucrr and Lctchcr. Il
was there argued by many distinguished members, and
among others, i.y the gentlemen formerly Speaker of
ihs House, and nov tie Governor Of the State Of
TrmucSSrc, vino brought forward precedent IN support
Of his opinion. lir argued concusiyrly and triumph
anttr that yow cannot 20 behind or beyond the return
onmission-b"y"nd the authority which comes 10 you
from tn" State. Those who argued on the same side
OF the question t'uk the ground What did the
opponents do: Did they question this principle, this
nnvoidlbIc principle ;or such it is III Government
Ike ours which consists OF ndc pendent States. each
titled exclusively and roncusvcly until Congress
shall hay" power 10 act. The opponents to man
agreed Ia the principle all that conicndcd for was,
whether the certificate III conformity with the law
of kcntGck y-onr side saying II was, and the other
that nut-hut both agreeing that III was, he who
had Il MAS entitled /" his We come, there
fore, only 10 conclusion, 80 far know
at present namely. that these gentlemen delegates
from the State Of New Jersey If their are Liable
t. ~ contested know bow that be- done
cofdim" 10 the law al the United States In the mean
time, hawcyrr the gentlemen should take their seats
and have right t. do. Thai, Them which appears
wrong is that the Clerk should raise question
which he is not competent 10 raiSea question which
THIS House, the ui Lctchcr and Moore, decided
that II mus; itself settle.
submit therefore, that unless snnr HING is brought
forward 10 lnIPcacl The gcnuncncss OF the commission
Which these gentlemen have produced, they emit
tied 10 their seats and should take them accordingly
TIN" Clerk having. al the request ot Ac. Randolph,
stated the ORDER Of the questions pending,
Mr. Randolph proceeded To say, that u" hrs, thing,
his opinion, 10 be done, Ia read the law and at
forwards the certificates Of the other gentlemen clam.
mr.. This. he hoped, would b" done 4 discussion
could not be- ayn,icd; and, if il must come, let the
House al cas: have The law before il.
He wished to say word in reply 10 the position Ia
ken by the Gentleman from Vermont, CNlr Sad",) Who
had said that the Clerk co,!d pu, questions In this
Mr. r. differed. The Clerk could and must put qurs-
tons. Mr. r. proceeding, when
Mr.. Shade explained lie had not intended 10 say,
that when the Clerk had called the names ri all the
members whose names are not contested. the lious"
should then proceed to organic" bu, that should then
proceed before organza:on act upon the question Of
the contested seats, lar 10 decide who arr pr'md
tncic entitled 10 such seats.
Mr. Rando pin SAID he had misunderstood III" gentle
man. All that he wished that the law might br
read and that ticn the certificates Of those who con
tested III" q" his colleagues nigh! also he read
There would then h. something before the House.
Mr. Bvmum rose To- reply to certain statements
which had been made for facts, bat which were not so.
He knew be tn" practice with many III and out Of
this House, ;iSSuIl" ioT fact every tang which
they thought proper III" gentleman from PrnnSyl.
vania tNr. Scrgcanr,j with whom II was characters
TIC had assumed for fact that this the first tim"
that ever tl. seat of a member had been questioned
who had been elected according 10 the laws and the
Constitution Did the gentleman undertake Ia say, that
he alone had The r..ht /" rdrr Of what was the law
aud the Constitution IN relation 10 this subject II
the law and The Constitution clear the gen
ilrrnan would make cut, he Mr.. Bynua) presumed
that there wonld not BE- dissenting voice rs I" these
gentlemen taking their seats. But this precisely
the fact 1T ISSUE. he said that these individuals
not elected according to the law and the facts The
gentleman from Prnnsy lyana said they wrrr-that 1t
was clear but II 10 b. borne III nnd that
there were other gentlemen in this House who had
equal rat to their opinions, and 10 the exercise OF
their powers of construction OF the laws and tn"
Constitution, who The, matter IN very different
light. The gentleman thought, too, that 1t would
be- reflection the Governor of New Jersey, that
ii would be- tisrcSpcctfIl 10 the State of New Jersey,
10 question the right Of these individuals 10 Their
seats, doubt the proprlcy al their names being
called We're there not others whose interests and
opinions to he respected besides the Govern"f
and his coadutors III New Jersey: tie tMr. 30
thought that the sovereign people OF New Jersey should
be- heard and that tier rights also should be- respected
on this floor. Ii h. understood The matter correctly,
The members Of this House not much the
Representatives Of the Executive of the State of New
Jersey they are cmphacay the Representatives in
part the great sovereign People %: y Jersey. Here
a contest between the People and the Exccuiy" of
\. Jersey. The People called upon t'is House TO d"
justice; they say that the Governor had committed
outrage upon their feelings and rights; thai he had
been guilty Ola usurpaiionat Sirpation for which III
countries h., would he subject 10 high responsible
Its. If the object Of gentlemen 10 90, the names
1t these five individuals called while the House yet
unorganzcd condition, what was 10 prevent tie
names Of the other five being called The Governor OF
New Jersey had ordered his Representatives to BE- call
ed, and h. be- heard but the People oi New Jcr-
scv had ordered their Representatives. 10 be- called they
not TO be- heard This was matter in which the
rights of the People AT stake.
He considered all the propositions which had been
contcndcd for BY the gentlemen the other side I'M
practicable. Nothing could hr done in the matter un
til the House had adopted the propos ton o.! The gentle
man from Virginia, (Alr Rivcs.) Before decision
could BE- had. il would BE- necessary to take INTO cons
dcration the law Of the State ON Jersey, but that could
not be done now, because this not organized
body Here was the sacred char; that guided point
ing TO the Constitution Of the United Statrs But, in
dccd:n. this matter, the facts well as the la" must
be considered Each House shall he the Judge Of
the elections, returns, and qualifications Of lis
members: and majority Of each shall constitute quo
rum 10 do business, irc2dingD The House must
be the Judge of the rights Of lis own members--
Was there any law, To c"ntravonc tins provision =
If tie Governor 81 Ncw Jersey dared 10 cantravenc
the rights OF icmbrrs / ,h:s House let his meet
w!;h the contempt key merit. lie Mr. b. had been
told tina, this debate had been got up hero a
catch, prc-occupy public attention: and he doubted
whether the Executive Of New Jersey had even acted
in CONFORMITY, with III" law Of his own State. III 20.
rtv of the people of his State thought that hc had not
The Constitution, then, gave this House the power IN
take the matter entirely int" is own hands BIT what
was first TO b.. done; The House be- organized
The gentleman from Pennsylvania had comcnded that