The Madisonian., 1840-01-07

vie. migh, moi be found by which this adjudication
should take place, without consuming an unIeasoh,
able or unnecessary portion VI lime. ms nau iea
me 10 inquire in nv own mind intoN Nhe prlnciple
upoa which Is established the law, bohpI The bri-
;.sa House Of Commons and oi this House Whai
Is is principle Every one viii adnil ma, - "h
evil-,haI il is wrong done 10 portion oI Inc con.
situeucy--lhaI il is great Inconvenience 10 dectle
that man who ailer all shall ,urn oul not - be duly
elected should BE- Admitted 10 vote unii thai deter
mination Is made. But now was The evii 10 DC re-
medied The remedy which had. occurred 10 me
was that which this House hnaIiy deiermlned Il
would take; that is that whatever lime II might take
they would examine, try, adjudicate, and decide
the case before The election OF Speaker. But there
are great difficulties in this mode OF proceeding. Il
is choice Of evils and iaeonveniene es; and must
confess that have not yel been able satisfactorily 10
my own mind, 10 devise any principle lnut an afbi
uafy proceeding or autocralic acl, but PTiaee)
upon which these contested elections can be lfied
without consuming lime be.o,e The election oi Speak
er And hence | derive what believe 10 be The
principle OF the establishment Of the law have re-
terred o that is TO say, that il must be assumed ia
the hrst place, that members regularly returned ac-
cordlng 10 law duly returned. This u seems 10
me, musi be the principles because The only alsrna-
tive Is to deprive The constituency of us Representa-
tives. The moment you determine TO take any other
course for the decision o hls question: you mol only
turn member oul Of The House but you deprive his
constituents OF their Representative. Now, that Is
much greater evil oi The two and il appears 10 me
TO GARY with il all the reason OF another principles
that is, the principle OF prvese-the right OF pfi-
vilege-ihe privilege Of members ol The House from
arrest, from summons in court Of justice Why,
tue privilege OF man from arresI-trum being
brought To obedience To the laws-is great evil aud
Inconvenience. There are many individuals wno
suner IN consequence of ii. The piivge by which
no member shall be summoned 10 court oi justice
as witness, either in public criminal cases Or IN
individual cases between man and man, is great
evtl-a great Inconvenience. But what then The
privilege here Is estabshed-u Is estabiShe ed here
by the Constitution. 1t is established 10 an inhniley
greater extent in the Parliament OF England, Tor
privilege there is indefinite determined upon prin-
clple 10 be so--and IL has been carried 70 ex-
travagant length
But the principle upon which This privilege from
rest was settled Is laid down IN Jedcrsons Manual by
an opinion OF the author oi that book and
extremely applicable to the pfeseut case Will read
9 This privilege from arrest, privileges Of course
against all process the dsohedieuce winch punish
able by an attachment Of the person; a subpoena ad
respondendum, or tes.lhcandun, or summons on
Jury aud with reason because member has superior
duties TO perform IN another place"
That Continued Mr. A Is the authority given by
the book which Jefferson Now, what Is his own
opinion
"When Representative is Withdrawn from his sea,
BY summons, the 10000 people whom he represents
lose their voice IN debate and vote, they do on his
voluntary absence: when Senator is Withdrawn by
summons, his Stale loses half its voice ia debate and
vote, as does on his voluntary absence. The enor-
nous disparity Of evil admits comparison"
There CONTINUED Mr.. Al is the opinion Of Jeserson
10 which consider 10 he perfectly analogous -
The enormous disparity Of evil adnils com parison
What Is the evil on the side II Is the special pri-
vilege Of an individual which may be injurious TO The
Public to individuals What the eyl on the other
side! Il is, that the 10000 (now Al, 7OO) whom, he
represents deprived Of their and vote In the
representative assembly Of the nation Now this prn-
cpe gives me also the principle upon which il has been
Oshp inc .suIc. al
bers regularly returned shall be admitted until the
House shall have adndged that other persons et
tied to the seats say that the enormous disparity
OF evil admits no comparison"
What Is the evil OF the admission OF members upon
the regular credentials or commission which The law
has prescribed as the testimony alone admissible for
giving them seats here IN the hrst Instance What, [
ask, Is the evil There are two points OF which
the evil IS 10 be considered. Inc first is IN a party
point OF view. The second Is In view as it respects
the People, The constituency, the nation. Now. brlng
this question to the precise before ask what
Is the evil oi admitting the hive gentlemen here from
New Jersey who have presented themselves accord ny
to the law and the Constitution, aud have asked 10 be
swornl What IS the evil 7! Why, gentlemen very
in their party feelings will say the evil is enor
nous; upon all those party questions which may arise
II may give majority 10 The party opposed That
the answer Of patty, OF party spirit
What is the answer respects the nation! In the
present have been told thai the gentlemen who
demand admission would msreprcsent the People Of
New Jersey and that their competitors the five Others
would be the only true representatives Of the People
What is the fact The People Of New JERSEY and. /
believe might say, the People Of the United States of
almost every separate Stale the Union are precisely
IN the condition OF this House which represents
We all know II Is 50 III New Jersey for, in this very
case, there were two tickets oil these partes-one
member OF one party elected that ticket by ,nalo-
n.y. ana hVe others ot The other party claiming TO be
elected on the other
Now, what do justice and equity say? Are we to
take the Of the People $50 divided that spiders
web could scarcely stand between the question) be-
that one portion to be considered reprcse-
tatives OF the whole People Of the State Of New Jer-
sey that the other portion is 10 be 50 considered
say for myself, in all cando that believe the State Of
New jersey would not be nIsreprescnted by either of
the two parties believe that the People Of New Jer-
sey would be well represented by either They are all
respectable men. lnose who claim seats here we
know, they having been uncontesied members of the
last Congress On the other side, we know that there
are among the competitors two who have recently
received from the People OF New Jersey tho highest Of
hce IN their giit. VI Que OF them say more He
has served here with served on one Of the CON-
mlttees, IN The business Of which the great parties Of
this House were as much Interested probably 10 any
other committee, aud, on the great question Of proec
ton to domestic manniactures--one Of the bones Of
contention amongst us-my word for 1t, not one Of the
members claiming would vote differently to what he
did These were the interests Of New Jersey and the
great question Of the tariff which divides the People of
this Uaion, but most deeply Interesting to the People
oi New Jersey, would DO decided by the of both
these parties III the same Am TO be permit.
ted 10 say that these Two Governors recently chosen
by the People, or that the three other gentlemen equal
ly respectable with them, would msrepresent the Peo-
pie! | say no such thng-l believe no such thing
1t Is not amongst my principles TO do this cannot
undertake to say, upon political difference OF
opinion, however deep or important, between my self
and another man-l cannot undertake say that he,
with the oath Of God upon hun miseprcsenis his own
constituents. do not believe It. And for every thing
that relates the interests Of the People Of New Jcr.