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

States and are rarely ever presented by members 30
that the phrase found in the older Journals
their credentials" has not been inserted tor ,hc asl
twenty years, because IL eAp'esseu az "i'tu w
ever being presented.
II has now become matter of vital Importance 10
elicit from past experience and iorher Ercceoeh,'
some genera! principle, governing all cases, ana aa
mted as sufficient rule, by winch The tue OF mem
bcrsbn in the first instance shall he determined, ana
tho House professionally organized. And Tor tins pni-
posc-bearing in mind that this provisional orgahi"a
ton is mere incipent stage towards more pefiect
legislative body, and always SUBJECT 10 inc Goi' ~.
n maiority-there be no better rule than tia'
which has been practiscd on by Congress from
| time that the memory OF man rnnnelh moi 10 th' ~.
trarv. The rolls of the House of Representatives.
have always been made up OF those Names w"",
common notorety, and the general consent OF al par
ties were acknowledged to be members OF congress
Common fame and newspaper report may appear 70
! be slender reliance for SO important Matter out
when further examined, VIII prove q I'll
Trustworthy authority. The Press has become ou.'n
Estate in the government oil civilized society. AZ
matters npmrtainnr to elections, returns and public
characters arc thoroughly sfed, and made known 10
the whole world Our country, 100, ever mas oceh au
oyer will he divided into two contending pares-hese
nrncipes of hostility were implanted in the human
heart and in form will ever exhibit themselves
and wakell jealousy will ever keep them observant
OF each others condnct-so that, by means OF thesc
oouosuu elements with the aid of the press, the truth,
and the whole truth regard TO any political matter,
NAV be as well known TO those who live in the remotest
parts of the Union to those who were cycwltncsscs
Il Of the transaction.
Our Elections are not held in obscure borcughs and
3 nv few electors as in England Fifty thousand people
are interested in the result ofeach election An active
and warm canvass between the contcnGng
partcs for many days before the voting is commenced.
The candidates in many States go from house to house,
from village to village, discussing important questions
and setting forth their respective claims In other
States the same publicity given 10 their proceedings
through the press. When the election on hun
treds III open day, press to the polls TO give their
votes. The progress of the election IS watched from
the beginning, by suspicious, vigant, and anxious
, parzans of the respective candidates.
The result when announced is known through the
entire Disrict-sprcad the wings of the wind
through the State and becomes the subject OF
spcculaun and of interest TO the intelligent portion oil
fifteen millions of people. II is obvious, therefore
that by this process it is utterly impossible for any
+ fraud or deception to be practised without immediate
f. detection.
The precise state of the poll-the number of votes
givcn-the exact majority, and all questions and dis
putes growing out of the elections, become the most
prominent parts of the history Of the dayand no pri-
r vae papers, las all credentials are however well au
thentcaed enable the proper officer to make up
more complete and satisfactory roll OF members than
he can from the current history Of the times. lie is
, made as we'll satisfied as he be Of any human
!, event, by notoriety and the consent OF all
parties that certain men, (or properly as the in
divdua may BE- unknown, certain names are elected
as members of Congress. And the next most import.
ant point to identify the name with the individual
actually elected
The mode pursue Congress, in this respect also,
is plain and simple When the day appointed BY
the Constitution and the laws for the meeting of Con-
grcss has arrived and those who members, or claim
to be members, present themselves in their usual place
of nretne-and when, at the appointed or usual hour
the officer whom has been entrusted BY long and
disputed usage the duty of making roll of members
on the principles above Indicated presents himself,
nounccs that he is about call the of those who
are members of the House of Representatives, when
8 he actually calls name and rises from his seat,
audiby to that name, there be no qucs
ton in the mind Of any that he is the individual ac
tually elected and entitled to his seat
r Under color Of piece of paper, parchment which
/ he can procure by fraud bribery, and under pro;cc
ton of the secret baot-bcX, nigh: have The har
dihood present HIMSELF 20 through the forms of I'M
tation and aid in doing infinite mischief in subverting
the Constitution ITSELF before he could be dctected
, and then by aid of his own voice might himself
!, from election and punishment
; But here conceive the possibility of such
thing. 1t is not in the human heart 10 strain itself
up to the practice of fraud surrounded by existing
circumstances. Silence and sccresy essential to
{ the preparation of crime But here assembled, in
the open day, the Representatives of six and twenty
States, and ofpcoplc from all parts 81
t the Uncn anSioUslY watching the mnuiest procedure
Can be possible that one would rise, in such pre-
e sea. TO which he has title. II IS not in &c
act base part. When, therefore, the roll has been
r called through, and sufficient number have answered
to their 10 constitute qu0r"'n, there is ther
y House OF Representatives contemplated by tho
Constitution-or it says carh House shall eject its
officers. As there farliaments, so there must be
House of Representatives. before the election OF Speak
err And there is other way IN which House bt
/ constituted than the Just described. When tina
process has been completed, there is then House
Representatives, competent 10 entertain and decide al
questions touching the privilege Of members the claims
contested seats, and all matters apperaning TO their
complete organization They cannot enter the
ordinary business ofegslaon, prescribed and limited
by the Constitution because they have not taken the
f oath to support the Constitution, which by mad
vcrtcncc, required 10 be administered, not by judi
cia officer, but by the speaker himself after his cleo
. ton.
While thus engaged in the adjustment, of preliminary
questions the House must be governed BY the
law of Parliament, without which dcliberatve body
can exist 1t is true, they not bound by the rules
of preceding Congress; but those rules like statutes
Go not create destroy, but only limit and define &c
Z, neral prncipe-take away the limitations, and the
r principle exists in s original force.
n When thus constituted and organized into House
of Representatives, is then the duty of the proper
officer TO lay before them all contested cases, and the
, evidence in his possession, that they may proceed
cordng to the Constitution to decide the elections
i returns and qualifications Of those conestng. After
the most aborous investigation into all the prccedents
tnany OF winch are herewith presented IN thc form o.
5 an appendix from the earliest times both in
d country and in England, ! have come to the comcu-
sion, that this is the only safe and proper course to be
taken. 1t is indeed the indicated by Congress
the proper one, the famous Moore and Letcher
case, when both gentlemen voluntarily retired in the
first stage of the organizations; and this act of theirs
was afterwards approved and confirmed by vote Of
the House.
t Though long usage and the necessity of the case
have imposed on the Clerk of the House the duty OF
making roll of members to be called at the opening OF
Congress, yet he has authority whatever 10 nerpose
in doubtful cases, throw any obstacle in the way OF
an immediate adjustment by the House. Where there
difficulties, his is plain but in all matters
of doubt he is bound to present the evidence in his pos
session, and throw the responsibility of deciding, where
has been placed by tie Constitution the rcprcscn
tatves of the people. No party can take exceptions,
no individual can be aggrievcd BY this 1t will
be much in the power of the House TO act them
when called at the end of the ROLL if they had been
called in the regular routine according to past usage
H.. IL