Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1840-01-25

prescribed by the State laws. is the only
evidence OF the election of members of
the House Of Representatives which can
DC received PRIOR 10 the organization of
the House; and is final aud conclusive
until reversed by the House Itself div
organized.
, That no one who cannot produce
the evidence of his election, prescribed
by the laws Of his State, is entitled ia
take seat in the House Of Representa-
tives; and no one who does produce such
evidence can be excluded before an inves
tlgation by the House. without gross
violation Of the Constitution of the Uni
ted States and the rights OF the States
themselves.
4 That the House of Representatives
cannot be constltutionally organized nor
a quorum formed until all the States Of
the Union have had an opportunity TO APP
pear by all their Representatives and
that constitutional quorum is not mere
~ a majority of the Representatives e.
sect alter the arbitrary exclusion of 9TH
er members. on any pretext whatever,
but majority of all the members from
all the States, after each State has had
an opportunity 10 appear by her repre-
sentaiives, and TO constitute part OF that
quorum
That the body here assembled, hav-
ing no judicial powers, possessing no
means OF sending for persons and papers,
not legally authorized TO examine Wit
nesses under oath, and expressly forbid
den by law TO go into the cons liberation
of any business before the House is or
ganized, and the oath TO support the con-
situtIon administered to lis members.
cannot exercise the highest judicial (unc-
lions belonging 10 the House of Repre-
sentatives, that Of receiving and revers-
ing the decisions Of the Stale authorities
in relation to their own elections; and
that its only power is TO require the per-
sons appearing here as members 10 pro-
duce the credentials prescribed by their
respective States.
8 That the State Of New Jersey hav-
ing by law prescribed the time, place
ana manner of holding elections. and al
SO the time, place and manner of making /
known the result, and having for this /
purpose selected the highest kind OF evil
dence known 10 the Constitution, 10 the /
common law, 10 the Parliamentary law,
and 10 The laws of nations-a commits /
sion under her great seal and signed by
the Executive-has thus made known to
Congress and 10 the world that we are
her Representatives, in the twenty-sixth I
Congress.
This body having, in derogation TO the /
principles above affirmed, refused in part
TO recognize our credentials. and that I
upon the authority OF a paper which,
from an officer not recgnized +
BY the laws OF New Jersey regulating /
elections, and therefore not under the
sanction of an official oath, stating mere
~ differences from other papers, them
selves not evidence, being &c PdTte affida-
Wis, taken without authority of law, and /
without notice TO US, and proved by the |
law itself to be false upon its face, could |
not be received as proof of the facts II
asserts in any court of record in the u
Mon; and an intention being manifested /
TO carry further this result TO our State,
and 10 consunmate the outrage upon her
rights, BY excluding US, her Representa- |
tlves, from taking part III the organlza- |
ton OF the House, we, IN the name OF our |
STATE, and of ourselves, and in behalf OF /
our common country, and of ali the 9TH |
erStaies whose rights are outraged IN the /
violation Of ours, do most solennly pro-
test against any usurpation of power by
this body, and DO utterly discaim It's
ri ght to do an act which will be bolder
and more fragrant violation of the consti- /
tnlion of the United States and of the
laws and rights Of the States themselves |
than has ever yet been attempted III this
country.
WASHINGTON. Dec. 18, 1899.
JNO. B AYCRlGG,
CHA'S. c. STRATTON,
]. p. b. MAXWELL,
j. HAuSTED,