Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1840-08-06

"e people OF the several States.''
sec 4. Giaus' |. 1.-The times, places. an,
manner OF holding elections for Senators an,
g.. shall be prescribed in eacl
State by the Legislature thereof
"ec. D. Clause |. 'sEach House shall h,
The Judge of the elections, returns. and onoliG
cations OF Its memjerS''
The iirst point to be decided is. villa, !,
meant by the term s.hlenber'' as used - H.,
constitution. ~ ''''
evidently has two-fcld moaninr. 4
Aan "ay be constituted temporary membe
uhe House, by his having the legal retnrr
Commission. His membership in mi.
7lse' gives him an rndoub;ed claim TO his
seat In tue organization of the House. and Lc
cannot be deprived o. his right of meo,ber-
SNIP or his right to his seat, except Inv the
f1onse, whose decision constitutes permanont
membership let the reader mark this dis
JUNCTION. And the House itself cannot do.
PriVe him ct his right to his seat in the first
instance, Tor the very existence of the Uouse
i'Se!i' depends ON his taking his seat : in 9th.
81 words the right Is prior to the very exis-
tehce OF the House. But let US more nortic.
ularly examine, what constitutes 4 man,bor
III inc primary sense Of that word. By the
constitution it will be perceived that it IS lart
win the State legislatures to prescribe .ibe
'iines, places and manner of holdinn elec-
tiohS. The States accordingly haveb laws
HASd me times, modes, and manner. These
vary In different States. But they all have
i!Neh modes. The mode in VIRGINIA is G,mi-
liar TO every one. In New Jersey. elections
are conducted differently. Commissioners n
elections superintend the elections in tho
separate counties, they send up the votes 70
the Clerks, the Clerks send them nm to the
Governor, and the Governor pives the Com
mission, running in this form sit anpear-
ing TO the Governor of the State OF New Ter
SSey ana the privy council thereof, that Won
nave been elected by the people Of the State
oi New Jersey to represent the said State in
. .me mouse OF Representatives of the Twenty
9iNtn Congress OF the United States. Won
are therefore commissioned to represent the
State of New Jersey in the House of Re-
st Sehiatives OF the United States during the
i wenty-SiXth Congress- This is STONED
by The Governor and Secretary of State. and
the State seal affixed. Men are thus in each
S'ate according to their respective anodes and
j"MS, commissioned to take their seats. and
constituted members Of Congress. And let
IL De remembered, each member claims his
seal by the same right. If then this Com.
mission has been legally given he is mem
Der, even though his Commission NAV cover
fraud, and 1t has ever been the inyariahIa
usage IN Congress, and the State legislatures
Tor every member thns presentiag his legal
he shalt not take his seat, when he has The
legal title to il! What RIGHT has the Clerk
to look beyond his commission What rioht
has any number of his i1flow-members before
an organization toquestion his right! There
may he fraud, he nay not be really elected
But the commission bestows membership. M
I'll the House decides on il. The very const
iuuonal provision implies, that men NAV Thus
become members and have their seats with
cut becoming permanent members. TO take
tne seal al me 0rgcn510iion Cf'ihe House as one
M'ng, to hold ii another Ming. The returned
members Arrays take their seats, which they
irequen;iy vacate. by adecision ofthe House;
no person CT persons, no clerk, no plea of
fraud, can set aside, this claim to the seat. at
the organization of the House. | repeat il.
constant usage in Congress, the legislatures.
and all deiiberative bodies. gives him his seat.
The language of the Lex PariaInentaria is
''WheTthc sheriff ola shire returns member.
lie shall take his seat, whether he is elected
or not" And, LIST. The verv organization of
Congress, and heState legislatures. depends
on TINS practice. OF whom is Congress made
up ! Ofmen declared to be members. bv
those authorized by law to do so. If their
commissions are 10 be set aside by the clerks.
or by any number Of the members without
Organization, how shall they organize g?
One set may doubt the commissions of anoth-
er set. ] he clerk may pick and Gull those
he may cheese. Thus, whole States may be
Cieeted. Can the members from New Yorl,
SGy to those from Virginia. your commissions
are not coed; stand aside gentlemen, until we
form the House! lf1re choose, then YOU
may come IN. But was not this the very
Thing perpelrated in the instance before US
Mark the language Of the CRISIS-"OUR
rARI1 SAID LET ALL Ten STAND
ASIDE" Five of those had the LEGAL COM
mission, duly signed and sealed Twas I'M
necessary 10 issue this command TO the other
five, who stood aside of course. The real
command then was ''Our Party said let the
five members stand aside till WE form q
House: Is there patriotin the land. whose
blood does not boil at the daring insult |.
not his rank USURPA11ON? Could the
Insult have been greater, if they had
driven them Cromwell or Napoleonlike from
hle par OF The House, at the point OF the bay.
ohet "a. For any man or set Of men to de.
prIve member Of his seat before organiZa.
tion' is an alteration OF the tribunal. and {
breach OF the constitution. The constitution
says The House shall be the Judge of the re
turn, qualifications, and elections of its mem
6ers. The Party" say, we will judge
The clerk says, 1 will Judge. The momen
nc looks beyond the commission, he iudres
30. The mere fact Of a sea; being contested
cannot deprive the returned member of tia
/ seat. rs well might suit brought a
g"inSt man, invalidate his title to his land
OF take 1t away, before it is decided and
VIII OF eJectmcEt be at once issued, to driy
nm from the premises. The return membc
Is member until the contrary is proven, tn
contrary only be proven before the House
/ the House IS crCaniycd Tx, III. ,,,: .