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

0lller year, uu,ler this constitutional prOvi-
sim, aud who are entitled 10 assemble here
as The Constitution directs. The Consli-
tuition then goes on to define what shall
constitute the House of Representatives.
alt 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 memhers
and Il Speaker. hui OF members chosen by
the people. This constitutes House of
Representatives. in Tie definition of the
Constitution. The same instrument de-.
clarrs 'thal the House Of Representatives
shall choose their Speaker and other otfi-
GERS" This presuppuses the existence Of
House competent at least. TO decide upon
its own organization. Can The conslilu-
rinnal existence of The House be more clear
ly defined and tlen,nuslraIe,l! 1t is chop
ping l"sic upon ords,'o deny our legal ex-
islence. Nov, gentlemen suppose We must
take au oath bcfure We can act, judge, or
decide. Let us read provision. Aud il is
10 be observed that il is 4 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, shull be
bound by oath or affirmation. To support
the Constitution" Now, Continued MIR
P.) will ask. dDes the Constitution pre-
scribe the time when This oath shall he ia
ken! Dues it say that il shall be OH the
first second. or last day Of the session?
The law nf seventeen hundred and eighty
nine prescribrs and authorizes The oldest
member on this floor to administer an
oath 10 the Speaker, and then presrrbes
the mo'le IN which the Speaker shall all
minister il to the members. But Nr. P.
cUnIented that The Constitution itself hav-
luz fixed the day of meeting, The House of
Representatives are body on The first
Monday Of Dccenrbrr. competent lu u,lecitie
un questions Of returns; and. if we think
proper, To go Into the whole question
"f election. That however, would be
vastly inexpedien,. But on a question
"f mere qualifications and returns-if
au issue he raised, and it is Objected
that one class Of members he lalsrly
eide than question, and we must. from,
Necessity, do so. Iii, Inherent in The pow
er ard the right iu organize.
Now, Irt us diSrnIanglr ourselves from
! This confusion Of ideas. The legal aIipor-
liumment of Representatives given this
HnuSe two hundr anl forIv-lwo mem
hers, aud the Constitution has, in express
ell terms, made them exclusive Judges on
questions elections, returns, and quail
Gcai"as.' Suppose. instead of that con-
stitulimal provision, that it had been de-
rlared that A or were 10 he exclusive
judges on those questions. would there he
any difficulty in deciding upon the point !
The whole confusion arises from The idea
of having two hundred aud furty-,wo
Judges instead Of only one. If only one
Judge hal heen created by The ConSIiin-
lion, there would he difficulty in decding
The whole question on The first day. Yet,
as far as rishr and legal principle are in.
vowed. il j. The same thing.
Viewing the sub ject in this light, and
foreseeing The difficulties that must inev-
,ably arise. WAS disposed To confne the
whole question 10 a question of returns,
and contend that we are the competent
Judges nf that question whenever we think
proper to lake it. ir is not only sound
sense. bur snuud policy, TO keep The qurs-
tion separate. fyru decide that the mere
returns uf officers must, III NIL cases, cou-
cu,le The judgment ofthiS Huuse as To who
are entitled 10 their seats and To the returns.
lilen you hold out The the greatest temp
latioli, 10 bitter and conten,iing parties 10
perpetrale lraud and I'M usiice by false re-
Iurns. The consequences will he. that
when This House may he considered as
equally balanced. aud power and empire
are al stake, the elective franchise will he
at the mercy of obscure and Irresponsible
officers, aud this House will lie made any-
thug aud every thing that their prnhisary
and partly bitterness may ct"'sp. Il is
OF The very essence ni' our system that we
should he the exclusi, guarians u judges
! of our own creation and IurmIaIun. W he,Il-
er right or wrong, our jml gn:enl over re-
lurlls, qualifications, and eleclInns, must
| he exclusive und untramineled. Auy 9TH
er doctrine nusl introduce imbeciluy aud
impoeucy into this, the very centre Of
vitality in our system.
presenting these views tothe House,
have acIed entirely Oh my own njudemrni,
and have introduced resolution 10 meer
the prerise issue, according lo my cun,ci.
enlious conviction ofthe truth Of The case.
hellevelhal we are The judges believe,
according 10 The edevelopenlenIs which have
been made on this Auur, the gentlemen
who have The certificate oil the 10, ernor
are uol entitled To the returns; aud, ~ he
lirving, am prepared 10 meet the ques-
iion. lwaS prepared 10 do SO several DAYS
ago. desire TO decide it now, frankly,
i;lIrly. and boldly, before the world, with
0ur the Irammes and The collateral issues
that have hern thrown around it by The
| techuicalties ufcOuniry court special plea-