Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1840-04-02

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oler year uu,ler this constitutional provi-
sim. aud who are entitled 10 assemble here
as The Constitution directs. The Cousli-
tuition then goes OH TO define what shall
constitute the House of Representatives.
."it declares The House Of Representatives
shall be composed of members chosen
every second year by the people of the sew.
eral States" 1t does not say of members
aud = Speaker. hui of members chosen by
The people. This constitutes House of
Representatives, iu The definition Of the
Constitution. The same instrument de-.
clarrs "tha, the House Of Representatives
shall choose their Speaker and other otii-
GERS" This ,presuppDses the existence Of
a House competent al least. 10 decide upon
its. own organization. Can the consliiu-
,innaI existence of The House be more clear.
-ly defined and demonstrated! 1t is chop.
ping l"sic upon mordsIo deny our legal ex-
Islence. Now, gentlemen suppose We musl
take au oath briure We ran act, judge, or
decide. Let us read provision. Aud il is
TO be observed that il is mere general
provision.
The Senators and Representatives be-
fore mentioned, and the members of sever
al State Legislatures, aud alt executive
and Judicial officers, no h Of the United
States, aud of the several States, shall be
buuud by oath or affirmation. to support
the Consrrution." Now, Continued Mr.
~ will ask, does the Constitution pre-
scribe tile time when This oath shall he ia
ken! Dues it say that il shall be on the
first secnnd, or last day "f the session?
The law of seventeen hundred and eighty
nine prescribes and authorizes The oldest
member on this floor To administer an
oath To the Speaker, and then presrrbes
The mo'ie III which the Speaker shall all
l.iul-ler it to the members. But Nr. P.
conlen,ed that The Constitution itself hav-
luz fixed the day of meeting, the House of
Representatives are body on The first
! Monday of December. competent Ia decide
on questions of returns; and, if we think
proper, To go into the whole question
IF election. That however, would be
vastly inexpehienl. Bul on question
If mere qualifications ami relurus-if
an issue he raised, and it is Objected
that one class Of members he falsely
returned, we are then competent 10 de-
eide than question, and we must. from,
necessity, do SO. tits iuhpreu' i'll the pow
er ard the right to organize.
Nuw, let us diSrnangIr ourselves from
This confusion of ideas. The legal appor-
rionment Of Representatives given this
HnuSe lwo hundred and fnrrv-lwo mem.
hers, aud the Constitution has, in express
ell terms, made them exclusive judges on
questions Of "elections, returns, and quail
fca1ioms." Suppose. instead of that con.
Stitu,inial provision, that it had been de-
rlared that A Or B were 10 he exclusive
Judges on those questions. would there he
any difficulty in deciding upnn the point ?
The whole confusion arises from The idea
of having two hundred and furty-iwo
| Judges instead of only one. If only one
|; Judge had heen created by The ConSii'u-
lion, there would he difficulty in deciding
The whole question on the 6rs, day. Yet,
as far az rishr and legal principle are in.
vowed. il is the same thing.
Viewing the subject in this light, and
fOreseeing the difficulties that mnst inevi-
tably arise. WAS disposed to confne the
whole question TO a question of returns,
and contend that we are the competent
Judges of that question whenever we think
proper to take it. II is nut only sound
sense. but sound policy, to keep The ques-
tion separate. fyru decide that the mere
returns uf officers must. il NIL eases, cou-
cu,le The judgment ofthis House as to who
are entitled 10 their seats and to the returns.
then yuu hold out the the creates, temp
latiolls 10 bitter and cou,eniing parties To
perpelrale fraud and injustice hy false re-
lurus. The consequences will he. that
when This House may he considered as
equally balauce,l. aud power aud empire
are al stake, the elective franchise will he
al the mercy of obscure and Irresponsible
officers, aud this House will be made any
thug aud every thing that their prohisary
and partly bitterness may chm'sr. Il is
OF the very essence uf our sy STEM that we
should he the exclusive guardians u Judges
OF our own creation and IrmlalIon. W he,h-
er right or wrong, our JUL grEent over re-
turns, qualifications, and elections, must
he exclusive and unlrammeled. Auy 9th
er doctrine must introduce i,nbeciluy aud
immency into this, the very cen,re Of
| vitality in our system.
presenting these views to the House,
have acted entirely on my ownjudsmrni,
aud have introduced resolution to meet
the prerise issue, according To my consci.
euliDus conviction Ufthe truth of The case.
helIevelhat we are The judges-l believe.
according 10 The velopenlenIs which have
been made on This floor, the gentlemen
who have the certificate ol the 20, ernor
are nol entitled To The returns; aud, so he
lipving, | am prepared 10 meet the ques.
tion. Was prepared 10 do 50 several DAYS
ago. l desire TO decide it now, frankly,
fairly. and boldly, before tho world. with.
ouI ihe Irammels and The collateral issues
that have been thrown around il by The
| ,arhuic,litieS uf fcu,Inlry cuIIrt Spnrial nlea.