Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-06

deha,e il was resolved, Oh The 18TH January, 1Eo'
tbat the said John Richards was entitled 10 ms sea- u
,ta House" and lie was admitted accordingly. here
n,,;6cation Was withheld, and the district snherea 70
10 r-onrescn,cd from the 10th December until The lSh
January following. 8 sr,,o, .nd
moderation, the part Of the Governor OF frnnSSsa
Mn which wei! deserves the imitation OF the uoveio
If New Jersey The latter mus. have known 'Hat nc
Lad moi summed up all the votes which had ceen cast
in the election and, without performance o, ms ;.
ouison how could he and his council undertake 70 ue
clare who had :ae majority, ana were n .h;s
mari of his DUTY then he would have stood excused
and justified before an impartial public, tor giving the
commission TO neither, not knowing VINO wouio De en-
titled to it, if all the votes had oeeh SUMMED UP
nrn;nd;ce 10 the claims of either party bolh wouiu
90 ,be same rights they now possess OF claiming 10
Qualify and take seats-upon whlch CHAINS thls Rouse
Ill, con decide-and (sad Mr.. D. repeat that tins
book (olding up the volume o. se Lepo, , u
footed ecctions is full of cases IN which tho House
h counted the votes, either when the authorities OF
state refused count them or when they were re-
trnod to, Int TO be counted under the State laws
Mr. D next referred to the case OF Woughoy ana
S;,b from the State of New York, which occurred
| :: a. e., session of the Fourteenth Congress. WI
lonbbv had BEEN fact, elected; "but by reason Of
of certain inspectors, in returning Ger
,;S,es of votes to the Office Of the county clerk &C.
neral Smith declared duly elected ana cert,h
n
From the general tenor Of the argument IN The present
case i would have been necessary for Smith to nave
qualified before his right to the seat could be regularly
Contested because he held the regular return IN the
form prescribed by the laws OF the State OF New YORK
Rpt Sir Smith never claimed the scat-hIs right 10
saat by virtue Of regular and formal return, never at
tached-his certificate had the force OF Juds-
ment operating until it had been superseded or over
ruled by some competent authority ACCORDING 10 He
Doctrines Wiloughby, although certainly elect,
ed could never have claimed the seat until Sth haa
qualified and the regular certificate had thereby spent
its force. 1t does not appear, from the report that
Smith ever informed the House that he had relnqnsh-
ed his claim under the certificate STILL the ninth day
amer the commencement of the session. without appear
ance and without hearing, he was declared not ent
tied 10 the seat and Willoughby declared entitled
TO seat whereupon the said Wiloughby appeared and
took his seat
manner, touched on the principles and questions which
he thought involved in this Case not tor the purpose Of
endeavorng, this time, to produce any decacd I'M
preston in favor of either party or with view OF de-
claring on his part any fixed and nnalterable OPINION
as to the result Of the contest but for the object OF per-
srad;no the House to deliberate and not to resolve,
with inconsderate he would not say, indecent haste,
that they would not even look into the important test-
mony mpeachng these commissions and OF impress
ing on their sense justice the proprety of basng their
decision upon full knowledge of all the evidence be-
longing to the case. He for going regularly into
the examination and for approaching IT III tangible
form He for permitting both parties to DC heard
in defence of their respective claims, before the House
passed Judgment upon them.
Believing this TO be the required both by ex
pcdcncv and Justice he would not, al this stage OF the
case even if his mind had strong convictions IN favor
of either party, vote for the right to take seats; or IL
would not have the appearance OF fair and equal JUS
tce 10 both but would look like preudgng The matter,
before ascetaning all the facts connected with The re.
turns He hoped therefore, that il would be the plea
sure Of the House have the fairly brought be-
fore them, and thcn having heard both parties would
proceed, if necessary TO discuss calmly ana deihe.
ratcy, and TO decide IT mpartiay, WIN 1uii uhaef
standing Of its merits.
Mr. D. said he thought that the examination should
be had in the first instance throug the medium OF
committee, both for the sake Of convenience, and be.
cause all the evidence could be more distinctly, and
with better arrangement brouLh to The view 0. the
members This would be in conformity with the pre-
cedent adopted after much debate, in the famous case
ctcher and Moore Ia that case both parties appeared
in the House, and claimed 10 nullfy; the House re-
ferrei the matter 70 committee, and until that COM
mttee should report, "Resorrd, That neither Thomas
| P. Moore nor Robert P. Letchfr shall be qualified
as the member from said district Here the House
distinctly and unequivocally eXer,cd the power OF
refusing TO permit either party 10 qualify until the
matter had been examined BY committee. II :
said, however, that this resolution was the result
| Of an agreement between the parties; hut It was
expressly d:sclaimed in debate that it was placed
upon the ground of confirming compse, betwssn The
parties. 40 agreement betw"'" .re -. uov.s
which it did not possess nnder the Constitution. He
] 5c.eved that, without a single exception, where
gentlemen present themselves 10 qualify objection
made, the matter is referred to committee, who re-
port upon the matter referred before further action BY
the House. In The Senate, he believed it had been the
nyar:able practice This book of reports abounds with
such cascs ana he felt quite confident that gentlemen
with all their industry and research, and all their inse
nuty in the application Of cases. would not be able to
find a single one ola contrary character lie found
cases where the Governors of States had
members Of the Senate in due and regular form, where
there not even contest for the seat but question
being made by member, they not permitted
10 qualify before their credentials had been referred
committee None Of the Of persons holding the
gular credentials having qualified of course and subse
quenty having their seats contested, in point. In
those cases. no question IS made and presented to h
House before qualification, and therein consists the dis
tinction and dssimlarity. 1t again readily admitted
that persons bringing he 7rima fucie evidence Of re
gu,ar return, if question be raised and conflict
ing testimony be brought to the notice of the House
permitted 10 qualify matter Of course but it il
Il still maintained that where objection is made and The
question of right raised before qualification, that it il
the inparabc practice for the qualification to await tho
:, decision.
Il Mr.. ID. here introduced the case Of Mr Lanman, il
the Senate of the U. s., in March, 1926, by which
appears that objection being made to Mr. Laninan
credentials, he not permitted TO qualify but Tho
matter referred to committee
Mr.. WISE here inquired what the objections tc
Mr.. Lonmans credentials.
/ Mr.. DRoMGooLE. Not that they were nforma moi
that they not signed by the Governor; not thai
they were not accompanied with the broad seal Of
veregn State; but that the Governor had no legal OIL
constitutional right TO grant them. In the of MIR
Lanman, motion made that he be permitted &
qualify, which was rejected The credentials were re
erred. A debate arose, not only on the proper mode
of proceeding, but the rights of Mr. Lanman under
his commission, with the broad SEAL precious to dec
sion, "by which ii appeared to be the Of the Sc
nate that Mr. l.. seat raeant until the pending
question should be decided in his favor. MIR. Lanman
by resolution, permitted to be heard at the bar Of
the Senate on the question of his right to seat The
decision was adverse to his claim.
There was he said, long list Of cases of individuals
appointed and commissioned by Governors, in some Of
which, question being raised, qualification per-
mitted as matter of course-n others, questions be
ing raised, qualification permitted, until they
decided and the decisions were sometimes 70,
IL attfrac he, 81.