The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-07-21

People the extent To which the reckless i0ao"se ~
power has carried the majority than 'n. sna y
for that and not dle saunt tha' 's y1a sa'
was in INV seat when nv name was called. aIa no'
vote, and will not. defy the power o. INC
To make me vote.
MIR. THoMpsos was not excused
Mr.. POPE, in some remarks when cou.u $50 -.
heard amidst the noise stated his inabiiity 70 so's
without hearing the testimony he had not preJuagen
me cass mn, wished 10 give honest vote upon y
but how could he, as sworn Judge, 90 'his, e "
had moi heard word OF the evidence mr. =. aP
neaIed with much feeling TO the majority, tor the no
por ~ the House and the honor Of their party that
they would not perpetrate great an act OF opPfes
sion. Such a thing had never been Witnessed since
the foundation of the Government. Never before, ~
any Legislative body in this country had persons cia
never had judges been called on TO decide without
hearing either parties or testimony
MIR. PoPE was not excused.
Mr.. SERGEANT said cannot vote upon the
question, for the following the question Is oil
judicial nature to be decided according to the evil
dence and the law and deem my duty never loren.
der Judgment without being informed OF the law ana
the facts Of the case and in proper cases having heard
the parties. The resolution Of the House to decide
Immediately upon the coming IN OF the reports, peiofo
they printed and when there is no opportunity 70
examine them, TO examine and compare the eSr
dence all opportunity for discussion and amendment
being the time cut OFF by heprevious question,
would be, in my opinion, to pronounce ludgheh.
wit bout knowledge, and violation OF the dictates OF
conscience and duty. | consider myself deprived OF
my vote by being deprived of the opportunity OF IN
forming myself how to vote.
The question being put the House refused to ex-
cuse MIR. Sergeant
Mr.. BOND also asked to be excused, but what he
said in support of the request was totally inaudlble to
the reporter
Mr. CUSHING asked TO be excused from voting
the question for the following reasons The Com
m,ee Of Elections (said Mr. o. present to the House
a resolution, which the members are called to vote
That resolution afirms that certain gentlemen are en-
titled to seats in the House from the State of New
Jersey. This proposition involves many complicated
questions of law, and is founded vast mass of
evidence and am called on Judge in the mat
ter under the Constitution, TO decide thereon
decide these questions of law without opportunity
for consideration, which has not yet been gwen to
cannot decide the questions of fact without hearing
reading the evidence, which, however has not yet
been submitted to me for that purpose. Under such
circumstances, cannot conscientiously vote either
yea nay; for do not and cannot know on which
side the truth lies am in the condition of the Roman
Judges, when they returned verdict of H9ua -
Thus situated, cannot and will not vote the
question: but out of respect to the House ask them
to excuse me for the reasons have assigned.
Mr.. Gushing was not excused.
Mr.. PROFIT referred to the contradictory state
mcnts of the two reports He had attcntyeIy listen
ed to them both, and his mind had been balancing
the subject, and for this he had this morning
be excused but if the request rejected he should
refuse to vote Ii this question of dollars and
cents merely, the House could not refuse; how much
less when il involved such great principles and such
serious consequences!
Mr.. Profit was not excused.
Mr.. CALHOUN said ask to be excused from
voting for three reasons, and in three words, The
reasons are, that profess to be guided by my
science, by the Constitution and by eridence to all
of which ! should do violence should ! vote under
existing circumstances either side of this question
MIR. Calhoun not excused.
MIR. BELL said he could not ask to be excused, for
he was utterly unable 10 vote, and as it was not his
duty to vote under such circumstances there no
thing to be excused from.
Mr.. SALTONSTALL, Of Mass, said he felt i'm
PEELED by sense of duty to ask To be excused from
voting. am, said he, wholly unprepared to vote
upon the resolution, and without any fault neglect
OF my own. The House will recollect that took a
lively interest and had decided opinion upon the
question which agitaed seven eight months ago,
as to the right of the regularly returned members to
seats. Since that time have known nothing of the
progress of the controversy. | have not read any
statements upon the subject and have not had ten
minutes conversation with any member of the com
mttee upon the evidence in the case the questions
which it presented How, then, can | now vote =
uoM Gan undertake To decide who are entitled tc
What is the state of the case Several months
ago the subject was referred to the committee they
have been ever since engaged in its examination
nory reports the reading Of which occupied sevcra
hours These reports refer frequently to the evidence
and to their own journal The volume of evidence
which you, sir have just informed u.s. contained
~ 700 pages, icas laid upon YOUR table nth the re
ports, THIS MORNING. has not been placed upon
ours; neither has the journal another large volume
have had no opportunity TO read word of either
This is most complicated case, presenting very i'm
portant legal questions upon which able com
mttee, composed OF professional gentlemen, dvid
nd t.,l lal,.
nation, they have different results bare ma
orty deciding that certain persons entitled /,
seats in this House, which the minority of the com
miitee are of opinion belong to other gentlemen.
listened attentyey to the reading of the reports unit
found that it would be utterly impossible to form al
opinion upon the merits Of the without examin
ing the evidence, not doubling that opportunity
would be allowed us for that purpose. ! cannot vot,
understandlngly upon the resolution. | cannot un
dcrtake to decide which have had no opportu
nifty to examine, without the hazard of doing fagran
injustice. therefore respectfully ask that may b,
excused from voting.
Mr.. Saltonsta was not excused
Mr.. SLADE asked to be excused from voting il
tins case, because II rs morally impossible TO render
judgment without being in possession of the case.
Mr.. Slade was not excused.
Mr. G, DAVIS of KY. respectfully asked thu
House to excuse him from voting on the resolution re-
ported by the majority of the Committee of Elections
IN favor Of Mr. Nroom and the other four gentlemen
associated with him entitled TO seats in the House
Representatives from the State of New Jersey moi
from any disposition to avoid the responsibility Of ad
judging the case but for the following reasons viz
LIST. Because he understands the other gentlemen
claiming the seats DESTROYS to be heard tho
Bar OF the House in support of their right and il
has been universal usage to allow gentlemen placed
in such circumstances this privilege.
I'd Because he considers the House in passing on
said resolution TO be acting a court and himself as
Judge and that as such he is to decide accord
ing to the law and evidence of the case. He has
neyenread the testimony in the He has had nc
opportunity until this day understand the points
which the several parties rely for maintenance Of
their rights And since then he has had no opportu-
nifty of reading and examining the evidence bearing