Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-12-19
TENTH DAY-TuuRSDAY


After the reading ofihc journal the resolution OF
Mr.. Rbeu was enforced. and HE Clstk proceeded
To read the names al the members from tie States
whose nnmes we're not read upon the isl day Of
the session. The Clerk commenced with tie
STATE ul peunsylylnia and read The names Of the
members through, including those from The Ter
rlnrlcs.
Mr.. RANDOLPH of New Jersey. rose aud ask ed
PERMISSION read statement Amer oppose
lion from Mr. Smith OF Maine. lac read in helaif Of
his colleagues, the following PRorEsr against the
action Of the body:
We, the undersigned Representatives The State
of New Jersey. duly commissioned as such in con
iotmiiy Win The laws OF said State, having been in
pant excluded from our privileges IN this meeting of
the members oflhs House OF Representatives., deem
II euruuty 10 place before his body and the country
views with respect 10 the rights Of on, State and
Of ourselves, aud the powers aud duties OF this meet
ing.
We therefore afliim in the presence OF The members
Of the House OF Representatives here assembled, aud
ofthe whole American people, tue lfuih OF tie i0i'
lowing propositions -
l. 'rhat by the Constitution OF the United States,
each State has the power to prescribe by law The
time, place and manner Of holding elections Tor It's
ouu 4 rpresenratiyes 10 Congless, which power IN
cludes the riphl oi prescribing the ilme, place and
manner Of aser,dlulas and making known the re-
suit to Congress and the world.
g Thai The Determination OF the State anihorl-
ties authenticated III The manner prescribed by the
State laws is the oply evidence ol The cIcctIon oi
members Of the House of Representatives "lneh
can be received prior 10 the oiga0tHaton "i the
House aud is 6nal and conclusive hhth reversed ny
the House itself duly organised.
. That no who cannot pto1hGe The evidence
of his election prcscrihed by .laws Of his State is
eutltled to take u seat III no house oi Representa-
ives; and no one who does produce such evidence
can be excluded beio'e 'l 'h'tstig''lo" o, ,"o
House, without seross violation Of The Constitution
,f ,b, United States aud the fighls ~ the States
themselves. . ~ !,
a ThaI the House of Representatives. cannot be
coustitutichally organized, nor quorum formed
untI al the States OF the Union have had an oppor-
,n,i,, to appear by all then Representatives., aud
,Iy, a constitutional quorum Is MOI merely alnaony
.l nj Reprcsentoli,es eeet,-aiier the arbitrary
exclusion Of other ne nbers on any preeAt "halever
hun j, majority of all The members from all the
States after each State has had opportunity to APP
peafby her representatives. 'pu ~ eo"s'''"'' P"' !"
that gdor1m'
djcIal p ucfs, possessing no means OF sending Tor
pcisous and papers-uoi legally authorised 10 exam
me Witnesses, under oath, aud expressly forbidden
by law 10 90 into The consiI fauns oi any business
before the House is oiganzed and ibe oath to sup
port the Constitution administered 10 lis members,
cannot exercise the highest Judicial function be-
longing to the House ofRepresen dtves, that Of re-
viewing and reversing the decisions of the State 1u-
tho .itles in relation TO then own elections, and
that IFS only power is to require the pe'sons appear
ing here as members produce the credentials PEE
scrbed by The laws Of their respective STATES
That The STATE OF New jersey having by law
prescribed the lime, place and maruer OF holding
elections also the line, place and manner oi ma
king known the result-and layIu. for that purpose
selected the hig hest kind Of evidence known TO tue
Constitution, to the common law TO the parliament
ary law aud 10 the law OF natons-a commission un-
der her great seal, and signed by her cxecntvehas
thus made known TO Congress aud 10 the world that
we are her REPRESENTATIVES IN the twenty sixth
Congress.
This body having in derogaiion Of The prn
ciplrs above affirmed refused III part 10. recog-
sze our credentials, andthal upon die authority Of
paper, which emanaling from Officer not recog-
nzcd by the laws Of New jersey regulating electo :.
aud therefore under the sanction VI an oil c;,l
ibstat'ng merely ir.,risuses from other carers
themselves no, evidence, being or part. AFFIDAVIT,