The Madisonian., 1840-02-06
Housr or RspnrsssrAnvrs, January b, 1910.
CONTINUED.

CONTINUED.
L But, Mr. Speaker, are We len In doubt as to the
proper course OF proceeding here7 Are We Iell
alone TO precedent 10 usage practice and conlec-
lure, OF what Is rgh. and LAWFUL NJ, sir; the law
on lhis subject is written law which has for cen
lures governed every legislative assembly both in
this country and in England | hold in my hand The
Parliamentary law-the Ler Parliansafarian-
which is The fundamental law OF G. ,vernnaent; and
what does II sayf Page 2iI it reads:
AN conrscts, PROMISES bonds ard securities what.
socver hereafter made gwen procure any return Of
any member, Or any thing relating thereto. be adndged
VOID and that whoever makes of gives such contract
security. promise. hond any gf, or reward TO pro.
cure such false or double returns, shall forfeit f300 &c
| Here, then the case is evidently contemplated Of
purchased relufn--a return procured BY fraud; and
yes y Is provided, page 229
~ sheriff shall return one for knight Of N.
SHIRE, ,cho ras naduy nofat all eieeted yet he Thar
IS 80 returned remdins member Of The House tH his
election be declared roii ("
| So in the case Of Mr. Downs, whose return was
disputed in January, l64l jus, 1899 years 60 he be-
ing returned Tor Arundel. II was ordered that he
| be presently sworn and admitted as member into
The House until such time as the election be deter
mined" But all this, we are told, comes from ,hc
olno' OF antiquity and must therefore be disregard
ed, and new order Of things is 10 be established
u ms Is me doctrine taS firmly believe il iS) ofhe
friends OF the present Administration, let them say
so al once % The substantial People OF this country
ana we shall soon be rid OF their aid in the councils
| Of The nation.
! Now, sir from the period Of I6iI down 10 the
present day defy any gentleman to show me one
single precedent either in the history OF the British
Parliament or in our own country, where there has
been departure from this well-defincd established
parliamentary law. Yes sir, there has been one
/ distinguished case in the Stale Of Maine which |
must except, and TO that will presently refer and
show who were among the principal actoIs in that
scene; but nowhere else has il ever been attempted;
n nj in phi oh ~,
has been raised in regard to the right Of member
TO take his searin the first instance who produced
me only legal, formal certificate return, or commits
! sion, they are variously called in the Il 0arent
States and 10 that will presently refer Tor The ne
NJ Of my honorable colleague over the way (Mr
Dromgoole,) who was so hard put to it for prece-
dents few days ago.
New Jersey, then. entitled to six Representatives
here, hoFs regular elections al The lime place, and
manner prescribed by law, and grants commission
70 those six Representatives, and they present them
/ selves, and demand to be sworn. They come with
their e-deed in their hands and claim the posses
sion Of their seats.
I [Here message was received from the Senate :;
after which there being special order Of the y,
il was moved and carried unanimously that said or
der be postponed until Tuesday following.
Mr. BORIS resumed Let me suppose MIR. Speak
err that you were sitting as judge n our own
State, and was in possession OF my estate,
property for which had legal and formal deed,
I regularly signed, sealed delivered, and recorded.
Suppose another files his bill and says it is that
Mi Bolts has legal title TO The properly he holds,
but here is a certificate from my counsel, in which
he says am The equitable owner Of thai properly,
and entitled to the proceeds, and demands oi you
either 10 put him in immediate possession Of the
property, or dispossess me, and retain il in your
own hands in his behalf: what would be your an
| swer as Judge Bring your suit prove your tile,
prove that The deed has been improperly, illegally,
or frauduleny obained-prove this 10 the satistac-
lion Of The court, and you obtain decree; but,
in the meantime he who holds The legal title must
Z r., L,,t - ~
you hesitate 10 give such answer in such case
And ii not, what must you think Of that Judge who
would act as is here proposed, and has been done
in relation 70 these parties presenting legal title,
| formal deed for their seas2
! Are not the cases analogous Do not the parties
On one side present legal claim, while the others
present only the certificate OF the Attorney Secre
tary Of State OF what he thinks might or would
have been, provided SO and SO had happened which
the law forbid should happenl
Is there any reason 10 this Why depart from
| the established law? What mischief may not grow
out OF il Let us suppose the Presidential election
10 be thrown before the House Of Representatives.
There are twenty-six States in the Union. Let us
suppose that there are thirteen in favor Of the cleo
lion Of Mr.. Van Buren, and thirteen in favor Of
| General Harrison; and suppose the vote oi Viz
gin ia stood ten for Harrison and eleven for Van
Buren, as the tact might have been, If Mr.. Barton
had prosecuted his contest with my colleague on my
| left, Mr.. Lucas, and had succeeded. Now, what
could we do under this precedent that you have es-
I y
selves get certificate from some man, matter
who o.-if you choose from The Secretary Of State ih
/ Virginia, who has no more to do with our election
law than the Secretary of State in New Jersey has
TO do with the elections in New Jerseyl that he be-
evcs that il the sherfs who have returned my col
league from The Chesterfield district had discharged
their duty faithfully, orr all illegal votes and returns
/ had been counted, somebody else would have been
returned, and then Mr. Jones is told TO stand aside
until the election Of President is over, and then his
case can be decided. You proceed 10 vote General
| Harrison gets his thirteen States; the vote OF Vr-
gna is given ten and ten and Of course is lost, and
| Mr. V Buren cheated out OF his election by this
/ palpable fraud. ask the People of Virginia, and
| the Administration portion Of them particularly,
what they would say to il Yet this Is the case
this is the fraud practiscd on New Jersey Tor The
purpose of electng Speaker and other officers Of
! The House.
Islhcre intelligent man in our country who
must not shuddcr at the consequences that may re-
! suit from the course you arc pursuing
! Is this House at present constttutionally organz
/ ed Will any law as'ed by this body be recog
nised by New Jersey as carrying authority with il Z
Suppose the States OF New York, Pennsylvania Vir-
snia Ohio and Kentucky sending I22 Represent nta.
ves here, constituting bare majority OF Congress,
embraced the entire Opposition 10 the Aministra-
ton and the other 2l States, being minority, aud
constituting The whole Administration Vote were TO
undertake. Tor political and party objects 10 exclude
| the New York, Pennsylvania, Virginia or Ohio
vote, or either or all, leaving the Stale OF Kentucky
! TO constitute with them quorum, and they were to
succeed before you were an organized and sworn
body: docs any man believe that these States hav-
| ing done all that the law required at their hands to
| entie them 10 representation would submit to
decision thus formed, or that any law passed by
body thus organized would be regarded or rccog-
missed as a constitutional law2 And if not then the
principle i'll surely apply as well 10 one State as to
four, and her situation, her weakness her want oi
power TO protect and defend herself cannot possibly
be urged seriously obstacle to her constitution
al rights. II the principle is true as 10 one State
is true to all !; and imagine to yourselves what