Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-21
HUGH A. GARLAND'S STATEMENT.
House OF REPRESENTATIVE, L. s.,

Congress having adopted general law TO ascertain
the title of those who claim seat in the House OF Re
prasenat;rcs any rule to organize the House itself
in the meaning OF the Constitution, the following IN
yes,iuaton is undertaken wiz. the view Of ccittng
from former presidents, and past usage, those gene
raj principles of parliamentary law, which should bere
ceved and acknowledged until modified by positive
enactment.
The Commons House of Parliament in Great Britain,
from time mmcmorial, has been organized after the
strctest mode Of legal processes Whenever Parlla-
ment was to be called the King gave warrant to the
Lord Chancellor to summon the Lords spiritual and
temporal and TO issue writs of election for the several
countess cities and boroughs, directed to the sheris OF
the same By virtue of this authority the sheris sent
their precepts the election officers, commanding
them 10 hold elections in those places entitled to repre-
sentation in Parliament Returns of the elections IN
the form Of indcntures sent to the sheriff. and by
him attached the original writ, and forwarded to the
crown-offce whence they originated and were there
fled From these, in one authentic book, the names
Of all the knights, citizens and burgesses were certified
to the clerk of the House Of Commons. On the day
the wts returnable (being the day for the meet
ing of Parliament,) the Lord Steward Of the King $
Household in an attended By the clerk of the
Crown, and clerk of the Commons, with the rolls or
such names of the Commons as were returned, n.
lnanded the rolls 10 be called and those who answered
10 their names received the oaths required by law
This ceremony completed the members took their seats
in the House and watedH summons from the King to
come into his presence. After hearing the King s
speech, leave then granted them to assemble IN
their usual place of meeting, and TO make choice OF
one from among themselves to be their mouth and
speaker. The nomination was generally made by one
Of the King officers, and agreed to.withou division
II, however, others named the House proceeded
the question: and directed the clerk 'stng at the
board las the order u.s. before the speaker be chosen to
make the question
From this mode of procedure two important conclu
eons to be drawn.-First, that the Commons were
regularly organized and constituted House, capable
Of propoundng and deciding questions, before the eec
of a called,
members had answered to their Names taken the oaths
prescribed by law and seated themselves in their usual
place of meeting-thcre was then House of Commons
The appointment of one to be their mouth piece, was
important for their convenience but not necessary
10 constitute House There PariiamcntS before
Speakers, ancient and significant phrase. Indeed,
we told by historians, that AT first there were no
speakers; but some person selected as "spokes-
man for each particular occasonthat then the
individual nominated for the entire session, qui
les paroles pour les eomnnes, and not until the
time Of Richard H., he styled parer pour les COM
names, speaker of the Commons.
a memorable occurred in the time OF James I'd,
I67S, when the Commons were without speaker for
en- entire week, and at last prorogued without having
made an election. They at first had selected Sir Fran
els Seymour, and presented him TO the King for con-
irnaton, supposng the ancient usage IN that respect
TO he a mere ceremony. But the King wishing to test
the strength of his prcrogatve refused to sanction the
nomination. They then returned to their own House
without any at their head, Sir Francis not making
hiS appearance. This occurrence was on FRIDAY,
until the next Thursday, the House engaged IN
long and discussions various Subjects adjourn
ing at the time from day to day. Propositions
were made TO appoint chairman, and rejected-Com-
mittees appointed to hold conferences with tie
King-othcrs with the House of Lcrds-others again
to search the records for prcccdents guide their pro-
ccedngs and after week thus spent in frui,less ef
forts they were dsbanded without coming Z conclu
sion among themselves, agreement with the
King This case is to be found in Grey Debates, vol
6, page 404.
The old Colonial Assemblies, having the British Par
lament as model were organized in the same way
and our present State Legislatures ALSO varying only
in a few unimportnnt particulars. Whenever at the
time appointed members presented themselves at the
seat of Government, assembled in their usid place o.
nee.ing took the oaths prescribed BY law, and ascer
tanned quorum be present by the calling OF ROLL
there was then duly constituted House competent to
entertain and decide all proportions touching the prl-
yilere of members the claim contested seats, and
whateyer else that might appcrtan to their more COM
plee organization. There are doubtless many gentle
men here present who remember cases similar to the
one referred to in the British Parlamentwhere their
own Legislatures engaged for days in discussing
and deciding questions before the election Of Speaker
that officer being regarded, az it undoubtedly rs,
mere instrument or labor saving machine TO
Ias second conclusion TO be drawn from an OBSERVE
ton of the mode of organizing Parliament the ex-
treme liability to fraud aud the imposition OF spurious
members None but those whosa names are recorded
on some return Elsd IN the Grown Office, are permitted