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

He thsref6re hoped The House would excuse hun 4
Mr.. Cooper was not excused.
Mr. Afford, OF Georgia, asked 70 be excused
from voting on the question before the House tie
said the ruest nation of savages never dishonored the
name Of man BY condemning fellow being without
hearing the evidence. II has been reserved the said
for an American Congress who claim TO be civilized
and intelligent men, 10 set an example essentially vo-
lave of every principle of justice You demand a
decision of this question and refuse the hearing OF the
proof. demand the right TO hear Il have not
heard or seen il. could not. Il Is now produced
for the first time This is Judicial trial am one
Of the Judges my associate judges require me to de
eide this question and refuse TO allow me TO read or
| hear the proof You dishonor me by your conduct
will not submit 10 your tyrannlcal dication OF per-
| Jury against my conscience. He that conceals or
suppresses the truth under oath Is guilty OF perjury
| as II he swore to positive ialsehood And The most
charitable conclusion, under the circumstances, Is,
that the evidence is against you, Tins Is despotsn
with vengeance But will not submit TO It's rude
| and insulting enforcement against me. would suHer
death before would submit, prefer that what little
is known of me in the future should he consecrated
| by martyrdom for the laws and Constitution OF my
country, than it should be said written yielded for
moment to the tyranny OF despotism so nnreason-
able and unjust.
| Mr.. Afford was not excused.
| Mr.. EVANS inquired OF the Chair whether the
| testimony had been read
| The SPEAKER. II has not.
| Mr.. EVANS Is the testimony reported to the
House and now ON the Speakers table :
| The SPEAKER. It's
| Mr. EVANS. | will thank the Chair TO state OF
| how many pages il consists
| The SPEALER (taking up printed volume) II
consists Of over GOO pages.
Mr. EVANS. Win the Chair state mhen the tes-
lmony was laid upon the table 7
i The SPEAKER. To-day.
| Mr. EVANS. As | am required to vote upon inns
question, and utterly unable To do so understand
| be read
| [Seyeral voices in all parts Of the Hall" No
The SPEAKER II cannot be read bu, by consent
| f. No. No" from parts of the House, by Admins
tration members. g Read; read" by Wing mem
bers,
| Mr. EVANS If | cannot be permitted to hear
the testimony, shall not vote upon It, Alter wha'
has occurred, do not ask to be excused. ,cH MOI
| rOfe
| Mr.. Bolts. In order to correct any misapprc-
| hension that may arise from the statement OF the
Speaker that the testimony laid upon the table TO-
day, desire to that it laid upon the SPEAK
es table to-day, but has not been laid the members
tables nor has il been seen by more than nine mem
bers of the House, and they the members of the com
mittce.
| Mr.. BELL. have never seen it.
| [. Nor l. nor )" from all parts of the House.
/ Mr.. LEWIS wanted to ask question from MIR
| CAMPBELL, Chairman of the Committee of Elections
i Mr.. STANLY objected.
/ lGreat confusion, and cries of No, no! order J"
| " Yes, yes let him ask I" I" No object."l
/ Mr.. HILL, Of Virginia, asked to be excused
/ Though he could not promise himself a better fate
than those who had preceded him, yet he deemed II
respectful to appeal TO the House to excuse him. If
the majority without knowing hearing the tcstimo
ny, Were willing, judges to pronounce upon. il
contrary to the Constitution, to the forms OF parlia
mentiary proceeding, to justice, and to decency, and
would suffer themselves to be forced bindfod to the
decision Of they had not heard, they must ex
cuse others who had too much self respect to follow
| them Gentlemen might be content with sinking
/ tha,r r..tar Aff hpfiy
without insisting dragging others after them How
would they stand in the view Of the nationl To try
the rights of State of the Union testimony never
read printed, or heard and Judge it upon a single
vote given in a committee ? Two hundred and forty
free Representatives surrenderng their judgments to
4 the keeping of one committee man
/ Mr. II. called to order and concluded by say
ing he would have part in SO detestable a farce.
MIR HILL was excused
i Mr. RARIDEN asked TO be excused from voting
on the grounds following: That the only evidence
which has been laid before this House that he had
ever pertaining to the rights of the claimants to
the New Jersey seats the car..ae OF the Governor
Of New Jersey, with the seal ahxed certifying 70 the
been laid before the House as s,is~u 20 impeach the
certificate the right of those five gentlemen Com
mon Tufnor has impeached it on one hand, and the
same common rumor sustained it, Five of the mem
bers Of the committee Of this House in their report to
this House, impeach the certificate of the Governor,
and affirm the right Of five other gentlemen to the
seats, upon evidence which they affirm brought
dictate the certificate Of the Governor and rearm the
right of the first named gentlemen upon the same evil
dence; and he could not decide between these con-
icng claims and conflicting reports, and affirm the
right of the sitting members in the absence of all
evidence except the Governors certificate, which
titles the right of five others
Mr.. RARIDEN not excused.
j Mr.. RIVES wished to make proposal to the
House
The CHAIR said it could be done only by general
consent.
Loud dissent. Cries of " No. no. sit down. not
in order
Mr. RlVES endcavorcd to proceed but his voice
was drowned in the Babel like din of sounds.
Mr. OGLE said he wished TO vote on his own iudg-
ment, and not on that of other men The committee
were evenly balanced four against four until week
or two ago, Mr.. F. Thomas, of Md. had been
added Mr. O. with all respect for that gentleman
was not TO be bound by his solitary in committee
nor by the report any committee under Heaven. He
must judge for himself
Mr.. Oglc not excused
Mr.. w. COST JOHNSON asked TO be excused
most alarming evils and likely TO set most pernicous
precedent for the future. Whenever high party times
occurred this would be called up as sanctionng
the abuse of power The rights of sovereign and
patriotic State We're involved, and, State Rights
man, he never could yield his to such pro-
ceedlng 1t was not only violation Of State rights,
but an infringement every principle of justice and
every safeguard OF freedom.
| MIR. johnson was not excused.
Mr.. HALVES and Mr.. TRIPLETT asked to be
excused from voting the resolution reported by the
Committee of Elections, for the following reasons =
LIST. They not informed Of the facts of the
I'd They have had no opportunity of gaining any in
formation to the facts of the 3D. That every
usage of this House, far they know is ovcrturn-
cd and violated by the whole proceedings in the case
They state that the only knowledge they have had am
opportunity of gaining of the facts of the case is from
the reading at the Clerks table Of the reports of five of