The Madisonian., 1840-01-07

Jersey here as one man. Then, 10 come 10 nnolheI
dramatic representation, think hear The people
oi New Jersey say, "Whal is my bondi You have
right "a cut pound of flesh next 10 my beart out
OF my bady-ihat Is the bond; that IL according TO
| the law OF Venice" do not know how u may be
here, bnl according 10 thai law, the bond was so.-
lnere was the right, or nj least the power, 10 cut
oui pound OF flesh next the heart Of the indivi-
dual. And what was the final decision in that case
"a decision devised by woman She Lwed
| The man al last u cu oul The pound Of flesh "You
have right to do IT, said she 'ihe law says that
your bond shall be carried into execution /. you
in>isi. Take your pound OF flesh, therefore, but be-
careful not 10 spill one drop OF blood II you da spill
one drop of blood, your bond is forfeited and your
lands and goods are conf>cated TO the Stale" Now
l maintain that The people OF New Jersey have a
right 10 say the same thing There is the pound of
i aeshi here are1myN9ye representatives. they
pan Of ny corporation, Of my body; cut out the
pound OF nesh u you will but take care not 10 spill
one drop OF my blood for if you do
Mr.. BYsuM here rose suddenly and addressed the
Chair, supposing Mr.. ADAMS 10 have concluded.
Aner very general laughteIl-
Mr. ADAMS resumed. | have too much respect,
Mf. speaker, for the candor which the gentleman
from North Carolina, Mr. Dynum, has this day
evinced, To deprive him much longer of the oppor-
uhiy to present his views shall close my remarks
| very
! Sir II has been said that this Is jldicata-that
| this question is settled AM think thai the argu-
| menl proceeds from gentleman who, al the same
time, declared that was according 10 his views
/
although he was against il, and though he thinks IL
was wrong for the House 10 decide, yet when he
came toll question:
/ Mr.. RnErr asked leave,l explain. He was un-
derstood 10 say that he had not taken The ground that
the House could not Judge the question. The
ground he had taken was that The House ought o go
/ either on The commission, or should go eaboraely
/ into the whole case He was opposed 10 going ella
boraiely into the whole case therefore he went for
| the commission.
| Mr.. ADAMS referred to the resolution which the
| gentlemen from South Carolina, Mr. Rhett, had
himself offered and which was sill upon the jour
mails Of The House
Mr. A. then proceeded But the gentleman saws
| the question upon the commission was decided by
this House. Does the right Of the people Of New
jersey depend upon that commission II 50, the
members coming here under il have right To be
sworn II not, the House has right TO sci It aside.
! That Is my doctrine and must confess that do
not altogether understand the logic the political
morality Of that principle which, in the first place,
! opposes wrong, and, when The wrong comes 10 be
Carried into execution, supports II. have read, in
certain book, something like this charge made
!. upon man, ~ hen thou sawest thief thou con-
senedst 10 ip do not mean to say that the gentle
man consented 10 lhievery, or that there i, any
! theveIy in the case. But hear him say tina, what
| Is wrong and what he has pronounced 10 be wrong,
he VIII consent lo and as il cannot be carried but
through his vote he will give decisive vote for il.
| Mr, RnETT again rose 70 explain. He had never
said what The gentleman attributed TO him. II he,
| Mr.. r., recoected, what he had said was that the
House having decided tins matter he would vote for
every proposition giving it the direction proposed
BY The resolution Of the gentleman from Virginia.
which was, 10 make IL a question OF election. He
wanted 70 get rid of II, SO that the House might go
on with The greater matters before H..
Mr.. ADAMS resumed. The gentleman is al liber-
y, MIR. Speaker, 10 make many explanations
he pleases; but The saying thing aud the doing
anoher setm 10 me 10 be SO nextricaby involved in
/ his two processes that cannot reconcile them to-
geiher as logic. ITO thai complexion il must come
at last" You say one thing and you do another
the one and the Other directly and Immediately sue
ceeding. And that House-the body that now com
poses this imperfect and unconstued House
agreed upon this proposition they determined to go
to trial, and ten minutes afterwards they determined
to elect Speaker without trial; not TO adjudicaie,
not as the constitution authorises tbem 10 be Judges
OF election but TO decide the question, without trial,
without evidence, without hearing the parties, upon
their mere will aud pleasure. Such was the action
| OF that body.
| And, as to the process Of reasoning here have
| not upon the Journals OF the last Congress most
signal example Of a case in which the res judieata
4 was set aside by This House What the reso-
! luton in that cAse2 1t was not resolution depri-
vins the People of the States OF their Repre-
Sentatives, but IL was making Representatives
| for them. Two members came here claiming
seats from the Stale OF Mississippi at what was
called the special session-the irst Session of the
18th Congress. Some inquiry-a very modest one
| was made. One gentleman rose and said that il
his credentials were called tor, he would call for The
| credentials OF every member in the House; and
saw ii boasted in an Administration newspaper that
| this frightened the Wings out OF their senses, and
that they agreed to let him in because they had not
gottheir credentials in lheI pockets say saw it
| gloried in as capital man9uvre. Well, these two
gentlemen had credentials, which upon their face
declared that they were elected for the called or ex
ira sesson--irom the time when The election
! held (probably in June) until the next November,
! which was the lime OF holding the regular election
! in Mississippi. These gentlemen not only fright
ened Tie Wings out OF any question as to the vali
~ M he fials htitp dal mt
lee OF Elections 10 report that they elected tor
the whole Cong ress-yes for The whole Congress,
with credentials bearing upon their face that they
were elected for the called session, or until the
| month OF November. Such were the credentials;
! and the gentlemen never produced them either TO
the House or the Committee OF Elcctions and
good-natured were The Committee that they not only
did not ask for them but they reported that the Two
| gentlemen were elected for the whole Congress.
! This is the his ory Of the first decision, and this
| House decided accordingly.
i The month OF November came. The people Of
! Mississippi according TO the laws of their Stale,
! elected Two Represenatives-olher men, not those
| whom This House had thought proper to make their
| Representatives. These Two others came here and
claimed their right to represent the State OF Missis-
sippi. What did the House dol The House re-
scinded their resolution ot the preceding session.
The res jndtcata-by majority, not by tie--turning
| neck and heels out Of doors the two gentlemen
| whom they had previously declared TO be members;
and then went on 10 make anolhes decision as wise
and Just as The former that is TO say, that the mem
bers duly elected by the people of Mississippi were
not elected, and that they must go back again
/ What was The consequence Why, that the people
of Mississippi had The trouble and expense and
charge OF third election, in which they returned
The me two individuals whom this House had re-
fused TO recognise, and this House compelled 10
receive them. Sir, every decision OF this House
>was precedent TO BE- avoided and the only decision
that was right and Just aud true was The hnal deci
sion Of The people of Mississippi themselves. But
in the mean time, the people Q. Mississippi had been
here iOr four or five months without representation
at IT, Silll these decisions OF the House made
by JUDGES. There was an adludlcalion il was