Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-08-30
Tw ENTY-sEvENTH coNGREss--2a Session.
IN SENATE.
TUes,jau. .3uguyt %.
THE MANpAMTs no TnE STATES.

THE MANDAMUs TO THE STATES.
Mr.. CRlIrENDEN moved to take up the House
bill No 2l0, entitled act to regulate 'te taxing OF
testimony cases Of contested elections and tor other
purposes.
Mr.. WALKER said he felt il his duty to oppose
the uking up Of this bill; and If it were taken up, he
believed unless the session very much pr"uacl
ed it would defeat all action other bills OF pressing
necessity.
MIR. ". said, il his State chose to elect now, as
it always heretofore has done, by general ticket this
bl! 10 dsffanchse that State; to expsl her mem
bfrs chosen by her people from the next Congress, and
to 1t pTive them Of hearing defence ct their
right 10 participate in the organization of the House
This, then, is bill of ou,lawry-a bill to outlaw sc.
veral States Of the Unon-a bill to drive them out OF
the Union by depriVng them of representation IN The
Congress Of the u. s. Elections by general ticket,
in some States have already taken place and others,
We know, will follow. This BILL then, is to Gisfran
elise those States, and to introduce dscord and CON
fusion throughout the Unon. What scenes oi COM
motion will take place at The opening of the next
Congress, If this bill pass, can determine But
the bIil fragrant violation oil the Constitution IN
another particular. The Constitution declares, that
"each House sha be the JUICE OF the elections, returns,
aud qualifications Of lis own members. The language
is mperative-sIALL judye and the power is e1cln-
si,e-each House shall judge; and not Congressman
the Senate-not the President-but each House shall
Judge. Bnt this bill says each House shall MT judge
Congress Judges for them. II declares that each
member shall produce commission certify ing his
election from single district; and declares that
"ao 0fher evidence OF return shall be received by
said Clerk, or authorize member TO take part in the
organization Of The House. This bill, then, upon
It's face prescrhes a certain " return " of members
Of the House il jadg's OF that return in advance
deprives the House Of that power of Judgements and
excludes the member-not by the House or its judy
mrnt, but by the judgment of Congress and uf the
President. Congress judges, and judges in advance
and imperativeIy, upon the sulhciency of the re-
turn of a member of the next House. This is fla
grant violation Of the Constitution, and open usur
patton by the Senate and the President Of power
lded exclusively 10 the House BY the Constitution. II
this law be CONSTITUTIONAL 1t must hind the next and
every succeeding House in all time to In vain
may the next or any succeeding House desire To
lis Judgment as to the returns OF its own mem
her. Bu this Law intervenes; the Senate and Presl-
dent have narposed and deprived the House forcrrr
Of It's right Judge o.! the returns of is members
Thus is the Constitution attempted 10 be changed
and suhvered by this law; and yet If the next House,
in exercising lis judgment, admits members not
having the returns prescribed by this act, who say
that the members not duly admitted and by ,rI
buna that is Tie sole Judge OF the returns OF It's own
members You undertake 10 organize the f1onsc =
What right has the Senate TO organize the House OF
the people, md deprive that House Of the power to
rannze ITSELF and 'judgc Of the elections, returns,
and qualifications OF its own members. The bill
also violates the great common law rule OF evidence,
by prescribing mere hearsay and general repua-
pn' as the rule; and that, too, as regards "ihe po-
tca character and preferences of the voter, and
thus sets him down as having voted 10. or against
particular candidate; and, by such gossip (mscal!fd
cyidencc) dcpryes representative Of the people of his
al, and the people ola Representative The bill IS also
unconstitutional in this: that il "rtqares commands
State courts, and State justices Of The peace, TO exer-
else part Of the civil and criminal jurisdiction OF the
United States. This the Supreme Court Of the uni
ted States and Of the several States have decided TO be
unconstitutional and this, also IS The opinion of Chan
ceor Kent, q Kent 374) This bill gives civil and
criminal jurisdiction to State justices, and authorizes
them 10 fine and imprson, and requires them to per-
form this duty. MIR. W. concluded by demanding the
yens and nays, which were ordered.
MIR. CRlTTENDEN observed that he would not en-.
into reply to the objections Of the honorable Sena
tor, at this immature stage of the proceedings
The yens and nays were then taken, and the ques.
ton carried in the affirmative, as follows:
Ycas-alessrs. Archer, Barrow, Bates, Bayard,
Choa,e Clayton, Conrad, Crafts, Crittenden Dayton,
Evans, Graham, Huntington, Mangum, Merrck, Mil
Ter, alorehead, Porter Phelps, Preston, Simmons,
Smith of la, Sprague, Talmadge White and Wood
brdgc-25.
Nays Messrs Alien, Bagby, Benton, Buchanan,
Rives, Sewer, Smith, of Conn, Sturgeon, Tappan,
Walker, Williams, Woodbury., Wright, Young-2D
So the orders Of the day were postponed, and the
bill was taken up, as in committee of the whole and,
at the request of arssrs BUCHANAN and RIGHT,
it was read through by the Secretary Of the Senate
Mr.. CRlTTENDEN observed that the reading of
this bill had relieved him from much of the labor
which would otherwise have been imposed upon hun,
in stating the objects which it had in view.
The first two sections related to the manner OF certl-
flying the election of Representatives, in conformity
with existing law lately passed, prescribing The
mode and manner Of elections. The residue Of the
bill related TO the evidence 10 be adduced in cases OF
contested elections.
The first part Of The bill TO prescribe the evi.
dence TO be admitted as authentic, by the Clerk of the
tlnuse of Rppr members presenting
themselves for seats in that House Mr. e. stated, at
some ena TIL his views in relation TO the necessity OF
this measure.
The last section 10 adjust muchcontested point,
as 10 the rights of the parties conesng election to
pay and expenses THIS he explained b. reading the
eth section of the bill, and commenting its several
provisions. lie argued That this act was rendered I'M
pcrarey necessary in consequence of the law resuat-
ing elections by single districts. If there was any
thing barnable il was be sought that law, not III
this He was told gentlemen intended TO contest this
bill. and TO denounce il as outawry of the States
II il pleased gentlemen TO indulge themselves IN ny
periodical denuncutions, they were welcome To " ior
him. Mere ep,hets and abuse could hardly be re-
peaed than thirty forty times he was there.
fore in hopes the session would not, by this BILL be-
protraced as gentlemen had nenaced. II there IS
minority for the b notwithstanding these mcnaces, he
hoped the Senate would proceed with II, and persevere
till it wns consumtnaled. No one would object less
than he 10 such discussion may be necessary for
prorer understanding Of the matter; butt beyond that,
he hoped time would al this late day Of the session,
be unnecessarily consumed.
Mr. WALKER said he would consume more time
than was necessary defend the rights Of the people Of
the State of Mississippi and, far as lie was author
lied, the rights of the people of The whole Union II
was certain that unless Mississippi made herself heard
now she would have opportunity Of being heard in
case this bill became law. The members whom she
might send 10 represent her in line House of Repesen-
ta,ives Congress, would be permitted to take part
ia IF f,oH he
hen the question must be decided whether she should
have voice in the legislation of the U. S or not
The first objection that be made 10 the BILL was, that
it violation of the Constitution which assigned to
each House Of Congress the exclusive right to Judge
OF, and determine upon the qualification, election
and return of their own members. Congress was not,
and could not be the proper judge of The return and
qualification of members OF the House OF Representa-
,yes. The Senate had right to prescribe to the
llouse what terms they should PERM. their mem