Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-27
J, NJ c.xpntr,. thereupon offered the following reso-

4 the contested pIPCtlODs W. 49, -.
| District of Pennsylvania and the Sixth CongFeSS'oha'
District Of Massachusetts. h,
Mr. RIDDLE asked for the reading Of the resoiu-
ton again, that he might know precisely M "NS :"
tended.
The resolution was again reao. ii.
Az JEWJS WILLIAMS commended that sucn d
Grant would be a departure from .he usas.s .n -
House. II had been usual to have tesu"ohy 49,"
the District where the contested eiec.'o" nnI n -
nl,co before 4 State officer. If there were no laws ~
p.doo, - - N.s.ocbusetts to meet the case, II
would he another matter; but surely es'iniohy eoum
be better taken ON the spot than by dragging up W.T.
nesses to this place. Under that resolution ~ .oi
mittee might send for every VoteF ~ : n'i"u l.,
Md voted Tor either of the d~isputIng candidates. !.
"m.s = J,nae,ons prccedent, and he should vote against
NJ BRIGGS was understood to move us an amend.
,nent that the committee have power 10 sehu . per
sons and papers. ooa Con, tho h..
III chairman mir. CAMrBELL) that the power to
send for persons and papers included the power OF up
no;nt;nu a commission to take testimony on the spot'
That was the better plan. IL wouia DC atenu.d W.
immense expense 10 Wing VI
" NJ vaNDERPOEL said, if the resolution did not
rive s,ch n power, il ought to give it. The power OF
1sok;ng testimony might be delegated to some suitable
nerson residing in the State.
NJ CAMPBELL said that, although it was the OPT
MON or most OF the committee that a power to send Tor
ner.ons and papers did include the power to appoint a
COMMISSIONER, still he had no objection to modify the
resolution 50 us expressly to confer that power
And ne so modified it accordingly.
Mr. JAMES GARLAND considered the modihca-
ton % unnecessary. The committee which had been
,,nointed in 1911 had under the general power 10 sehu
for persons and papers, exercised that OF appointing
commissioners; and he, as chairman OF that cominitlee,
had ;ssnad both subppnas and commissions. Inc
question had been raised, and the then Speaker decioeo
that the general power did embrace the other; ana, &c,
cordingly, dispositions had been taken IN The states ano
sent up to the committee.
Mr. FILLMORE said that, in a matter of such grave
consideration as this, he thought the power of issuing
commissions. if intended to be given, ought TO be ex-
nressly speciied. 1t ought to he remembered that the
House, in Judging on elections, were exercising a pow,
er strictly judicial; they acted as a court; ana ne nae
never heard ola courts dclegating the power to IS
sue commissions to take testimony. Inc powe'
OUGHT to be exercised, if at all, only by the House IT.
self, and should not be entrusted TO q committee
Such a power, improperly used, might become oPPres'
sive, as wella expensive. And though he had no ielrs
that it would be so used by tins committee, YET te
precedent was a bad one.
Mr.. BlDDLE understood this to be a departure IRON
the usual course. The ordinary practice had been to
the competitors for a seat to 20, themselves, through
their district, and there name commissioners 10 take les
timony on the spot. This would be the taircst course
If the committee should name commissioners, 1T mus
no on the information of one Of the partIes-a course
Of proceeding that could not but be perilous to justice
and very likely to occasion fayoritlsin, DC.
IL Mr. HROt w n. OF tennessee, SliU IN lItiltAN hue
asked for power to send for persons and paPers-tla
2 was a common case, and there could be no difficult.
? about that. But the committee feared they could no
9 oct along without power TO take dispositions in TIN
neiqhborhoods where the polls had been held. ih'
power TO issue q commission to lake testimony was ont
I. of the bumblest powers a committee could exercise
But whether the commission should be signed by TIT
chairman of a committee or by the Speaker of thu
;. House, made but little difference. The difficulty an
: ticipated by the gentleman from Pennsylvania tMr
d BIDpLr) would not arise; as the parties could agree
G here, before the committee, rs 10 the proper persons L
0 act as commissioners.
! Mr.. PhRMENTER stated that the case in Massa
n chusetts was different from that where a seat was con
tested by two adverse claiments there was but on
. claimant: but n memorial had been presented, declar
: inc that the sitting member had not received a clea
!. majority as required BY the laws of Massachusetts,. S
that, if it rested with a competitor only TO prove ad
: verse testimony, none would in that case be taken, be
cause there was no particular individual appearing as
/, competitor, and nobody would assume the expense an
!. trouble.
MI. FILLMORE desired to state a fact.
MIR PETRIKIN objected, as Mr.. F. had spoken once
+! but withdrew his objection. and
Mr. T. proceeded TO say, b. the leave ofthc honorah!
/. gentleman from Pennsylvania, without whose leave,
. seemed, he was not at any time TO address the House
Q IA laugh that the contcstors OF seats had always here
,ofo-. taken their own testimony, al their own expense
e before some State officer. But this resolution as mod
fed rave power to the committee to appoint as con
j missioners whom they pieascd, whether State officer
!. or not. II made the gentlemen thus commissions
!. emyloyfs Of this House, and, of course, threw the Who'll
r expense on the contingent fund OF the House. Wh'
j. number of persons were to be sent Tor, or at what ea
pense. none could foresee. WHY should the comaitte
ask for more power in the Pennsylvania and Massachu
sets cases than they had possessed in the New jersc
case: He called the House TO the consequences Q
j granting such a power.
r Mr.. PETRIKIN now moved the previous question
/. but the House refused TO second 1t: Ayes a., noes ::
~. MOI 4 SIN - "a ..- ,t,y tI1 H.,
: were mol prepared to act on the resolution at this me
ment. There seemed some doubt on all sides in re
3 gard TO its true import. Mr.. 7. had no wish to della
, a decision of the disputed claim, but he wished it fairl
y and understandingly as well as speedily. decided. II
b moved to postpone further action on the resolution II
; Mr.. CAMPBELL, after remarking that the porto
:. of the resolution most objected TO was The clause h
5 had added as u modification, would withdraw tba
clause, and leave the resolution in snch a shape as onl
g to ask for power 10 send for persons and papers. Til
;. power was Indispensable. lie committee could nc
, proceed a step without it.
. Mr.. BOND opposed tie resolutions; but his remarks
t owing to the noise and confusion in the House, coul
scarcely be heard. He was understood to oppose III
power asked for as unnecessary. lie referred to th
4 case Of Lctcher and Moore, who had ridden round thci
district and collected their own testimony; and thi
was nov doing by the members claiming seats frol
/; New Jersey unGer the Governor commission. Wha
witnesses did the committee want 10 send for:
D Mr.. CAMPBELL- explained. when the number Q
witnesses was not great, il was always most satisiactor
! to have them present before the committee, and hav,
their oral testimony; but, when they were numerous
/ this could not be done, and then their testimony mus
e be taken under a commission, or their dispositions b
! given before State authorities.
Mr.. BOND thought the precedent a bad one, as open
ing a door for an enormous and unnecessary expendi
ture.
:. MI. GRAHAM insisted that the grant Of such 4 pow
or was totally novel and unprecedented. lie could Sc
not the least necessity for it. He referred to a case o
/. contested election in which he had himself been one Q
the parties, when no such power was asked for, o
thought of. AS to what had been urged by the gentle
man from Massachusetts, (Alr. Parmentcr,D if the PEG
pie of Massachusetts, were 80 Indifferent about their re
presentation in that House that nobody would undcrg
the trouble or expense of turning out an individual VIII
had not been legally elected, let them bear the conse
| unences. 1t was quite a new office of a committee /.
90 about to take testimony. The committee sat as
court, or as a jury: let the claimants collect their test