The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-01-07

Il
thought the House had committed a great error. al
the las session Of Congress ia refusing the members
rom New Jersey who claimed their seats an opporu
my OF being heard at the bar of the House Now
nsie was case from the State of Pennsylvania, in
which MIR, lngersol claimed that the election of Mr.
MAYOR was effected by fraud and that if Justice were
done the sitting member Would be removed from b;s
seat He Mr. b knew Of no case within the last
Yen years ~ which person claiming seat had not
was the right Of Mr.. Ingersol to be heard. There
was great propeiy in his being heard upon the ground
suggested by the gentleman from New York (Mr
fiLLMoRE) He (Mr. b. thought that il would be
not only ,nexpedient, but maniiestly unjust, when
va candidate came here TO contest the right of
VINO was In his seat, and who claimed that righl-il
would ne repeated be most manifest injustice to
near INN at the bar of the House II was right that
the sitting member should also he heard He (Mr. b J
hoped that the vote would not be reconsidered and
tiat the House would do that Justice in this case
which was refused to the five members from the State
Of New Jersey
The SPEAKER gave the floor to
Mr. MASON of Ohia who yielded il to enable
Mr. GARRET DAVIS TO ask for the reading of
the memorial of Mr.. lngersoll, (above referred TOY
The memorial not being at the moment on the Clerks
table
Mr. MASON considered the resolution offered by
his colleague MIR. MedilD as very proper He
Mr. Mason) had entertained the same opinion at the
time the New Jersey was before the House. and
he had then the honor of offering resolution of the
same import this; but which under the influences
then prcvailing,t was rejected by memorable ma
joIity, of whom at this present moment
engaged in attempting to have the inestmabe prvi-
eges there claimed extended to ofther friends
w here then the desire of these gentlemen that
the parties coming here by virtue of documents
ting from the highest authority of the State should be
permitted to plead their at the bar of this House
He was glad, however see a returning sense of JUS
tice, as indicated by the resolution now proposed
The unexampled outrage perpetraed in that had
reached the of the People and they had respond
ed to il in terms which nc hoped would be remember
ed after the existence of the present Congress They
were now he hoped, about TO return TO the good old
practices of the Republican school, according to which,
as he had read and understood them it the privi-
ege of person who had been returned to this House
a member, and Of him who contested the validity
Of the return, the truth Of the election appear
the bar and be heard by himself or his counsel" Ito
use the words of his own resolution OF the last
sion, which had been scowled down by fierce ma
jorty) 1t was proper, therefore, that the resolution
Should have been adopted and he hoped that it would
not be rescinded.
1t proper, however, that the vote should be
considered for purposes of explanation. He wished
to know whether Mr. lngersol claimed seat in this
House by virtue of an election by the people Of Penn
syvania. He (Mr NJ suppos d that il was with n
view to ascertain that fact that the reading of the
mortal had been called for. For his own part, he
would give counsel not only to the contesting
ber but to the humblest of the constituency who had
not been rightfully achieved. He wished this House
to be considered great court of justice well the
grand inquest Of the nation and that the great rules
Of right should not be turned aside TO political
objects Oh party purposes. Some atonement due
to the Constitution and to the violated privileges Of
this House, and he hoped it would now be made, and
that those who might hereafter be in majority in this
House would avoid, as contamination the precedent
which had been set at the last session of Congress.
Mr.. CUSHING said he was in favor of hearing
the petitioner according to the motion made by the
gentleman from Ohio, (Mr Medill) He (Mr. CO.
was in favor Of that motion for the already
submitted by other gentlemen, and for this further
On referring to the record he found that all the
proceedings in this based upon petition Of
Mr.. lngersoll. The petition set forth that he
duly elected, and he claimed the seat to which he said
he was duly elected, against Mr.. Naylor-the
turned and sitting member That was the record.
These proceedings in continuation of that re-
cord The question before the House was, what dis
position should be made of that petition of Mr. lnger
soil And upon that petition record it was and
upon the usage Of the House. he (Mr. CD thought
that Mr. Ingersol was in justice and in equity enti
tied to be heard.
He objected however to the form of the resolution
and he asked the attention of the gentleman from
Ohio Mr. MedilD to it. II was unusual in its terms,
and there was one expression to which he Mr. %
objected The resolution to the effect Che did not
rccollect the precise words) that Mr. Ingerso should
have leave to be heard well the sitting member
Now, Mr.. Naylor was member of this House, de
facto at least, the gentleman from Ohio admitted;
he Mr.. 60 said member dc jure but at all events
Mr.. Naylor member dc fdcto, and therefore as
such, he had much right to speak the gentleman
from Ohio or as he Mr.. G.. himself had and it did
not need resolu ton of this House give that right
The very mention in the resolution Of leave to speak
denial of his right to speak. He wished the
gentleman would modify the terms of his resolution.
They were unusual contrary TO precedent and in
words and in spirit, denial of the UNREASONABLE
right of the sitting member.
Mr., MEDILL did not think that the resolution
contained any such denial. Ii only provided that the
petitioner should be placed on the same footing with
Mr.. Naylor and he did not therefore, the
sy of the modification suggested. He hoped Mr.. In
gersoll would be permitted TO go
Mr. CUSHING said that if the words he objected
to meant nothing, they not needed there; and
that, If they meant any thing, that meaning
broad one He must, therefore, vote in favor Of the
reconsideration unless the words struck out by
general consent.
Mr. LEWIS WILLIAMS rose to withdraw his
motion TO reconsider but before doing he said he
thought that this proceeding had in many respects
been irregular. When the House authorized the
Committee of Elections to send for persons and papers,
it adopted an unusual and unprecedented course. He
believed that from the foundation of the Government
to day. Committee of Elections had been clothed
with that powers and for the painest of all reasons,
that when the House bestowed this power il invested
the committee with inqusitoral power--it made il
prosecutor instead of a Judge. How many drafts
had been made the contingent fund IN consequence
othis power being given to the committee to send for
persons and papers a committee which, by the Con-
stituton and rules of the House, was solely and ex-
clusively Judge
He wished to know in what capacity Mr. Ingerso
presented himself here to-day-whether as claimant
OF tie seat occupied by Mr. MAYOR the attorney
and agent of the People who joined with him in the
petition 10 this House. This his chief object in
max inc this motion to reconsider. The gentleman
from Ohio, Mr. Med had stated he did not know how
he Mr. w, had come to the knowledge of the fact
that Mr. Ingersoll did not claim the seat in his own
behalf Certainly he MIR W., had not spoken from
the record. His attention had not been particularly
drawn to that point; but what had been said by the
gentleman from Ohio himself, Mr. Medill, appeared