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

4
th nrav;ons question was sustained, if that would
brine the House to a direct upon the question o.
The right to the in this House OF the New
claimants without afiording the claimants tue ngn' "
be heard or the members Of this House an oppoi,u
nty 10 hear one word Of the evidence upon whnn he
right to the seats has been is to he determined
The SPEAKER said thai would be- the effect OF me
previous question fcarred
Mr. RARIDEN then said he was against u, ~ ne
could not auess al question OF snch magnitude
MIR BRIGGS said he most respectfully asked ,he
House 20 excuse him from voting on the resolution
now before them. His reasons were, hrsi. u nus
made up upon full investigation of the case he could
not with his Of propriety and justice, vote TO
give either of claimants their seats finally without
out hearing the opposing claimants. But there was
another higher and stronger reason Y was, tha' nc
had had means Of informing himself upon the me
rfs of the question He had not heard read ihe
evidence, and could not act with understanding anu
with safety The evidence, consisting OF a volume y
hundred pages, had not been placed pei''e
the members Of the House. BY voting either way ~
might do injustice 10 the otherpar lie beggen sase
10 say that, in this request, he was not as'ua'su =,
capous motives but by sincere wish 70 ps
from the unieigned embarrassment IN winch nc i n..
himself placed in relation this important SUBJECT
This was the first time he had ever made such re-
quest and by granting the House would confer
upon him favor which they would be entitled TO
his thanks
The question being put il was decided in the mega
tiye so the House refused to MIR. Briggs
Mr. RIVES moved to suspend the rule in order to
make way for a motion that the further consideration
ofhe report be for the present suspended and that
be made the special order for Monday next, but was
negsdved -,
from voting, for the same reasons for which Mr. An
drcws had been excused. But the House refused TO
excuse him Ayes 49, noes 81
Mr.. LINCOLN asked To be excused. de SAID
that notwithstanding the votes which had just
been given he felt himself impeled by the strongest
sense of duty TO appeal TO the indulgence of the House
aral1f IN vote al
der the circumstances the proposition OF the com
mttee On taking his seat here, he soemnly bound
himself respect and support the Constitution OF ms
country That Constitution made the House, ana
each member Of II, as component part OF the pouy
the Judge Of the elections returns, and quahhcatons
ofits own members" and imposed high and sacred Oh
legations in the discharge of this most important OF ai
official functions. The report OF the comm'tee, oy
bare majority presented for the first time this morn
ing contains long and elaborate investigation OF the
right of the sitting and the claims OF the contesf"g
inebere from The State of New Jersey with reference
of evidence which the committee alone haNe
examined and upon which they have raised argu-
ments and deduced differences tending to Jusuiy
the conclusion to which they have in the resolution
offered to the House On the other hand, the mno-
rty Of the committee have laid before the House the
dissent this report, exhibiting an entirely diereh'
state Of the case, and coming to different conclusion
thereon. Both these reports have, Just nov" peen
hastily read at the Clerks table They must nave
been but mperfectly heard and scarce have been
understood The evidence exhibited with the reports
Of the majority, which is now on the table OF the
Speaker, in volume of several hundred pages, mas
been by single member ont OF the commute,
nor has il been within the power of any and especially
did he speak for himself TO know It's character, or TO
consider the effect it should have upon the issue, so
deeply interesting to the rights Of members, the sove
regnty of the States and the vital principles oil repre-
sentative government
am now called upon (sad Mr. LlNcoLN) to decide
upon the merits Of this great questions to ddindge,
To adjudicafe, upon my conscience and my oath upon
facts which do not know, upon evidence which
told exists, but which am not permitted even to
see, whether the sitting members are or are not en-
titled to their seats The alternative presented to me,
by the resolution of the committee to declare blind
fold upon my oath as a judge, either that these mem
bers are duly and constuonaHy elected to tins House
by the people OF New Jersey and this, too, against
the official credentials, in the first instance, upon the
canvass of the returns by the Governor and Prlvy
Council of the State, given TO others, or to show
cause here and before the country, why resist the
conclusion to which the committee have arrived IN
their resolution, upon subsequent scrutiny by them
of the votes and polls of that election Sir, can do
neither, unhesitatngly and conscientously without
time and opportunity for examination cannot con
opfntons or majority or IN ootnnittee
nine members (nor, indeed Of the. ,rhole number if
such had been the ac) for the convictions ofmy
mind in the, required exercise Of my own judg-
ment. To do so would be to yield my individual
Judgment to that of Others well to surrender the
Judgment which the Constitution and the laws enlon
upon the House TO a Committee Of its members and
in my opinion, TO falsfy and violate both my personal
duty and my official oath This, sir, will never do
1t may not be proper to anticipate the course which
may be compelled to take, unless excused from the
vote but this will say, that whatever of duty
and the dictates of conscience shall prompt, in man
ner serious in principle and SO momentuous in its
results to the Government and the People, | will pur
sue, at any peril of consequences to myself from the
censure of the House.
The question being put on excusing Mr. Lincoln,
il was decided in the negative Ayes "a, noes 80.
r
given by Mr.. Andrews, asked to be excused but the
House refused leave
Mr.. DAWSON asked to be excused. He said he
had directly or indirectly, eyaded any vote in
that House for party purposes political effect, and
he would unhesitangly discharge the duty of voting
if il were practicable but il was not, for various
reasons. He had not had an opportunity of getting
that information which indispensable his voting
either way the other The testimony in this
had not been printed and laid his table, nor
had il been read before the House. He called to
decide, Judcialy, question resting testimony
which he had had no means to examine. lie con-
sdered the whole proceeding unwarranted by the
Constitution and contrary to the rules and practice of
the House, and mpairing his right to decide for
himself The two reports one from five members of
the committee and the other from four gave conflicting
accounts OF the facts of the case and to compel him
TO decide between them without having heard the ey
dence such act dcspotism itself alone could
perpetrate. BY yielding to such requirement he
should sacrifice the fundamental principles of free go
Nernment under winch ne lived, An lmperious sense
Of duty therefore compelled him respectfully to ask
be excused.
At this point, Mr. TURNEY called Mr. Dawson
to order
The CHAIR pronounced MI d. to be in order
Mr.. ID said the attempt to call him to order and to
shut his mouth from giving his of piece
with the whole proceeding, and was but part of that
tyranny by which it attempted to force him into
an act which he could not perform without the gross
est injustice to the parties concerned to his own self
respect and to his duty his constituents