Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-06

semblins and forming He then referred the House To
the case of Hammond and Herfic from the State oi
Ohio This case decided al the hrst session o.
the fitteenth Congress. Samuel HerrcS, VINO was
tho sjtt;ae member was elected to Congress IN octo
her, 1916, being then in commission rs district at,or
ney OF the United States on the 2th november, 10Y
he RESIGNED his Office of district Attorney and on the
Isl day of December following, took his seat IN Con
press The Flurteenth Congress expired on the a.h
March 1877. On the Sth day of December, 1917,
memorial was received from Charles Hammond, OF
The same State contestng the right of Herrck to be
member of the House, in consequence Of having
held the said commission after the 9TH of March, 1917
which memorial was referred to the Committee OF
Privileges and Elections. Mr. Hammond ranks ana
dseryedly too among the abest ursts OF the country
and had presented the question in strong anu
point of view; and it was understood tnat VI.
of several other members to seats would De
the decision in this case on the io.n %
Mr.. FORSYTH, then member from Georgia, now secre-
tsry of State, offered the following resolution which
was adopted ..,n.s :, ;,,,.a ., i;
have accepted held osss under the Govern
msns q , ibt 70 seat in this House, is affected by t
II Is Constitutional provision that "no person hold
;,1 my office under the United States shall! De mem
Der OF either House during his continuance IN once.
II ns decided that Herrck twas not rendered ncapa-
be of being a member Of the House, BY reason OF his
having held the said Office after the 4th March, and un-
Ill Goth November 1917 And 50 decided, because Il
was held tina, his membership did not commence on
9TH March, Immediately, and at the instant of the ex-
p-aton Of the 18th Congress, but commenced with the
session Of the 18th Congress. He would particularly
refer gentlemen to the very able report made IN that
case BY Mr.. Taylor Of New York de presumed u
was John w Taylor, for some time q d'stnguished,
member, and we'll known 70 the country as ieaiheu
and able man.
In connection with this idea, that person can DC
nm actual member ofthis House, ''for long time De
fore il meets and before he attends, and ~ received
tha rnnfIa Tn0
there i. no nterregnum in the House OF Representa-
tiyes that it is perpetual body-and therefore ne
would seem to suppose that the Representatives elect
of each Congress succeed each other as members OF
corporation This he, Mr. D., denied. One of the frs,
distinctions he had learned was that the Senate was SO
organized and constituted to preserve its existence
peTpetually; but that the House of Representatives
had limited existence; was restricted TO particular
period which it not permitted by the Constut on
to survive On the 4th of March every second year
the term of all the members expires and in point aet
absolutely ceases exist notwithstanding any contrary
,heorg which may be entertained. IT the Twenty -hith
Congress had ne ser me:-f the House of Representa-
tiyes had met, indeed, had never been elect.
cd from 4th March, 1887, to the Attn March, io59-stii
the present House of Representatives would be perfect
in its existence and in its functions. Every second
wear there is, as every body knows, an entire new
House Representatives, who, together with the Sc
nate which has remained in existence, constitute and
commence i new Congress. Members are to be cho-
sen every second year by the people of the several
States Suppose all the States, many do were not
TO choose their Representatives until after the lapse OF
severa months succeeding the termination OF Con-
arcss what then becomes of perpetual succession
of membership without intervention of time without
intcrregnum: Mr. d. declared that he more belicv-
ed in the continuous and unbrokcn existence of the
House Of Representatives, than he did in the unbro
ken succession Of the Popes from Saint Peter down to
the present time.
Mr. D. said, gentlemen expressed great Yeneration
So G.,{ IN
of going into conflict with State laws. lie had before
shown that the members do not represent the State as
organized government, but that they represent
the people directly When Representatives have been
.cosen according the Constitution and laws, is
our duty solemny to nterpose right OF judgment to
give efficacy to the popular choice and to protect from
the frauds or bunders of State officers, and from
defective and unconstitutional State Legislation Here
Mr.. D. quoted the Of Barney and NcCreery, which
occurred at the first session of the Tenth Congress-
The Legislature oil Maryland enacted in 1872, that
Baltimore town and county should constitute the t
Congressional district, and should elect two members
ono Of aoheh shall be resident Of Baltimore county, and
the ether rcsiden, Of Baltimore city Mich p Moore,
resident of the county, elected oy large ma oEy
VIM McCreery, also resident OF the county obtain
ed the next highest vote. Joshua Barney reSiden;
of the city, had the next highest vote, and contested
the election Of McCrcrry for want of residence IN con
forEty to the law OF Maryland It held that the
LEGISLATURE Of MARYLAND could not superadd lnalca
House nerposed its unrestricted power OF lndgng
tho pcaas to elect in the face of the law
MARYLAND and protected that choice against the uncon
sttuona enactment Ii is better, S!r when 1t unlor
tunatey becomes unavoidably necessary, TO 60 lntt
conflict with State law, with State authority, thar
10 concur with them in conflict with the Conslitu
ton, and with popular rights If, as gentlemen con
send these certificates and seals conclusive OF the
right of those who hold tem then the question OF The
right to seat is settled by the form of return pre-
scfbed by law, and the House precuded from Judg
ing Of the elections and returns as it IS solely EN-
powered TO do. Surely gentlemen perceive the alb
surdty to which their principles conduct them. If thu
doctrine Of the gentleman from Pennsylvania, (Nlr
Sergeant,) as TO the conclusive and unimpeachablt
character of the Governors certificate, be correct ex
ponent of his opinions of State Rights then it won!t
seem that he maintains species Of Modification, which
Mr. D. presumed could hardly obtain the sanction Of hi
State Rights friends The Notification party, as h.
understood (appealing TO Mr. Pickens of South Caro-
lina contended for the nterposition Of the States
sovereignty to arrest unconstitutional enactment
Congress- but this notification of provision of the Con
stuton By State enactment, the gentleman woult
now have it, going much farther than any Nullifer
whom he had ever heard, was disposed togo. Mr..
fattered himself that if true to their principles
we should have the cooperation of all the State Ri hit
in preserving the constitutional powers of THU
House. and the constitutional rights Of the people of
sovereign State from all Legislative or Executive in
frngemcnt. Such course woulG De in accordance
with their professed doctrines, and Mr.. D. said hs
should insis. upon holding them to it.
Gentlemen had asserted and maintained that some
persons qualify and take their seats rs members
from the State of New jersey before the House
decide this controversy. Suppose this position bf
granted that there must be qualification interim does
not the question still remain for decision who shall be
permitted thus to qualify? Shall those holding the
Governors commission have this privilege, 10 the ex
clusion Of those who, from estimate of all the re
turns appear TO have majority of the votes received
BY the proper officers and must, therefore, according
established principles, be presumed have beer
fairly and legally chosen, until the contrary shall BE-
made to appear in due course of investigation
should like, said Mr. D., for gentlemen to produce
authority for this assumption that there must
cessarily be qualification of some BODY before there
can be decision properly made should like to know
when where it has been decided that member mus
take his seat before it be decided whether he is
titled TO take it. He said he would lay it down ~ ;
rule of action that ,chen The question Of right TO taxi
his seat had been raised and presented the Rose bror