Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-21

III.
tbev nieose Pcrceiving the great advantage ne pos
sesscd the King ut an early period attempted 10 IN
terfere nd dictate who should be returned to the
mons. In 1903, Sir Francis Goodwin was elected rom
the county of Bcrhshre returns were made ID oe ''
md cont 10 the Crown Office. The King pronounced
him ineligible and ordered the Chancellor 10 issue
new writ. which was done. Sir John Foresque' one
ofthe King Council was elected, the re.ul''s iieo'
and his name placed on the rolls of Parliament. -
The sturdy and free hearted yecmanry OF liose ou
days promptly resisted this procedure and IN process
ne time succeeded in wrestling from the King ms 40
snmed prerogatve of interfering Win VIZ -! e.
members filed in his office Of Chancery Driven ito.
this strong hold, he resorted to the newt a,,on,
and cmissares he completely efccted ms opJee' =.
brbinu and suhorning the Sherias and their ASSISTANTS
The books of law and the reports OF fari'aneht'y
cisons are absolutely filled with cases Of
,;l rc.urns double returns, and false returns, KNOW"
81 and fraudulently made by those VINO had taken
an 9th IN act Justly and mpartiay but who couia not
res;s, The rewards threats oil monarch anu ~ NJ
hI,v So thoroughly corrupt had Parliament Deco"e'
IN consequence of the frauds practsed on Inc re'ui -
| ~ s ~, he,nbers rule was adopted in process OF
i'm; Nv which, those returns We're very littIe fssafu
ed P.rceiyi..g that rigid adherence 70 legal pro-
causes anJ ecln:cllities had not only broken down
the character and integrity OF the Commons pus
St hoconinp the means of undermining inc ios,i'es
&c Tho neope they soon learned to draw JUS. ana ~
r;ors distinction between ciT5! and potcai fFoces.
ho,dino that a strict Interpretation OF liie one 's
scroon the community ircm the grinding cxactioh OF
| .rod;tors-vbe strict adherence To The c'ncr was
- H. means of corruptng public officers ana OF
nr,ctsnr fraud on the rights OF the people % cary
as l7n7 an order was adopted by the Commons INT
oil nct;tions at any Parliament, relating 10 ~
tons and returns be delivered to the CLERK OF inc
| Hence and be laid BY him on the table, before tie
Sneaker was chosen And was subsequently oroeteG'
Tia, those cases should be considered before proceed
inr TO any other business. In the mean t'ie' 'iose
claiming the disputed seats were not allowed 10 pi,'.i
nate in the proceedings, and indeed were proioca "
severe penalties +, , hoo ,ho
rights of the people are regarded OF paramount IN
nortance the House OF Commons, IN scf'oeiehce, 10
protect itself from corrupton and the intrusion oi sP
rous members was compelled to disregard the teehh',
caIites Of law-to look beyond the mere formaes OF
return which no longer prfmd taete evidence o.
membership, but an instrument of iraud-to pass oy
all those intermediate stages 50 readily ana constantly
perverted and look at the actual state OF the casec
elections they really took place among those VINO
had sthe right Of election" In CT the STATES OF
This Union similar course is pnrsucd, though their
laws if strictly interpreted and rgidly adhered to-
would place it in the power Of the Executive to organ
ize Legislature in the first instance, after their own
WILL and thereby contrarenc the wishes OF the people
| and pcrpctuatc tie power in their own hands.
| In Virginia. for example, strict Interpretation OF
the law would place the organization of the Legislature
in the first instance, i'll the hands OF the Executive
Council.
But thcy have interpreted the law as conerrng
anv power on them-mcrcly 10 administer the pre-
scribed oaths-they never examined the certificates OF
members or take copnsance of their title IN any way
| 4 hrh Executive officer in Pennsylvania, acting
under laws not Ri gid than those OF England, OF
the State above alluded to- but feeling it his duty to
follow the mnutcst technicaity IN regard TO returns
and presenting the Legislature those only he deemed
official, well nigh involving that ancient and patr
otto Commonwealth in revolution and civil war.
Had the Secretary of State presented both returns
from the county of Philadelpha, and explained tie
circumstances so far as they had come to his know.
LEDGE he would have relieved himself from very de-
licate position, thrown the responsibility OF deciding
the ease where it properly belonged, on the House OF
Representatives and the Senate, and in all probability
would have prevented those distressing scenes which
followed the course he actually pursued And much
of the testimony given before Committee OF the Lc
gislature appointed to examine into the causes OF the
difficulties at Harrisburg and many other recent events
all prove that had he pursued the course above indca
ed no difficulties would have asen and general satls
faction would have been given TO the wise and candid
| Of all parties
Congress- however, both in regard to the return o.
its members, and ts mode of organization, is governed
by statute prescribed rule ofany kind Org'na
ting, il did, under circumstances altogether dferen
| from those Of the Commons House OF Parliament, Il
must necessarily for its guidance have given brit
to of principles entirely at variance from those
Of Legislature, which sprung IN The iIst instance
from the will of monarch and was only enabled aite
:
leges and the perogativcs Of the Crown, to esabis!
something like the independence and stability oil re
preventative body.
Congress, as is well known, took its orign in the
Conventions, or Assemblies of Deputies sent by Tho
Colonies to consult for their defence and mutual wei
fare in time of common danger The first That met il
Philadelphia in l774, was composed of men possess
ing every particular Of credentials. Some were depu
ted by the Colonial Legislatures, others by Popnla
Assemblies, and others again by mere Committees
Safety.
Assembling, however, at the imminent hazard Q
their fortunes and their lives the simple presence 9
any man sufficient guaranty OF has honesty an'
zeal Coming together for the first time, personally a
strangers to each other but well known as the bold dc
tenders of common cause, they forthwith making n
question of each others authority, proceeded 10 elect
President to preside their DELIBERATIONS, and
Secretary record their proceedings After they ha'
formed themselves into deiberatve body they thet
caused the credentials of those present TO be read ans
approved. The Congress which assembled IN May
1875, was organized III the way-no' calling TO
the credentials Of members until the House had beer
formed. After the articles of confederation had beer
adopted, the mode of organizing Congress was varied
The credentials first produced and passed upon
before they proceeded to the election of officers
II In the second Congress- which met under the arti
ces Of confederation the delegates produced their
dentias in The first instance, which were read and re
ferred to committee, ''to report thereon as soon a
may be- The committee reported the next day, ant
Of President and Secretary. This preliminary cxami
nation by committee, never practlscd before oil
after the Congress which met i'll 11c4 In l1co they
handed in their credentials, which were read without
being referred, and then proceeded TO their elections
At the next Congress- in 1885, the credentials were re-
erred TO committee, aer,the election of officers, but
were not reported until late period The jour.
nails, after the first Congress, which met under our pre-
sent Constitution, in these words, "The following
members Of the III. of Representatives appeared, pro-
duccd Aeir Credentials and took their seats And such
is The tenor Of every Journal until very recent date
Thus, it appears, that from the first time we had any
organized system for the Government Of the States,
some kind of credentials evidence of membership
expected required, before any could partlc-
pate in the deliberations of Congress But the nature
of those credentials, and the mode of determining their
validity, have always been various, and TO this day
not directed BY any general law. The Constitution
has conferred Congress the power of adopting sys.
of general regulations regard 10 the elections and
the returns. But this provision justly excited the jea-
lousy of those who friendly TO the independence
of the States Il was warmly resisted By many of the
States Conventions assembled TO adopt the Consttu-