The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-12-05
THE PROTEST.

The following is the Protest against admit
ting the Representatives of the undistricted
States to vote, presented by Mr. Barnard, Of
New York.
The roll of Representatives elected TO the 2sth
Congress having now been called by the Clerk, &C.
f fS5dqS g Pa Haasf sd 5 lie act of organizing the
House Of Representatives is undsputed having ap-
peared and answered TO their names, this body Is
about TO proceed TO the high duty Of eectng Speak
cr-to FIJI Office which, in point Of dignity and po-
ltica consequence, is hardly second any known
the Constitution, after that Of President Of the Uni
ted States. Before that high duty shall be entered
upon, the undersigned, feeling of solemn OBJ
legation TO truth and Of responsibility 20 God for
what they utter and assert constrained 10 declare
that, in their united and undoubting conviction and
judgment, a deep and grievous wound perhaps never
10 be healed, will be inflicted the Constitution
and law, order, and civil liberty if the election of
Speaker shall be conducted in the manner in which
We have reason TO apprehcnd il may be.
Several persons from the State Of New Hamp
shire, namely, Edmund Burke, John p. Hale, Moses
Norris, Jr., and John r.. Reding several persons
Cobb Hugh A. HARRISON, and AbsaIom II. Chappell ;
one person from the State OF Mississippi, namely,
Jacob Thompson; and several persons from the State
Of Missouri, namely, James NJ. Bowlin, James NJ
Hughes, John Jameson, Gustavus NJ Bower, and
James III. Refe, have been called by the Clerk are
now in this Hail. and have answered to their names
in a To leave no doubt that their intent aud
purpose is 10 vote with the duly elected Representa-
lives Of the People here present in the election of
Speaker, and to act and participate fully in the or
ganization Of the House Of Representatives as n
they were members thereof
by the act Of Congress Of June IS, 1912 afor the
apporiionmen Of Representatives. among the several
States according TO the sixth census IL was enacted
"tbst in every case where State Is entitled TO more
than one Representative, the number 10 which each
TAFT ahn he md ALL
be elected by districts composed OF contiguous terri
tory equal in number TO the number Of Representa-.
vcs 10 which said State may be entitled no ono dis,
trict electng more than one Representative /"
The several States above named have refused or
failed to provide by law for the election by districts
OF Representatives from those States respectively TO
the 18th Congress, each Of them being entitled to
more than one Representative, and the peopIc of
those States have faied therefore, 10 elect Repre-
scntstivcs by districts, the law Of Congress re-
CURED.
These facts are notorious, indisputable and upd,
puted they are known to all, and admitted by all.
Failing TO elect by districts they have failed 10 elect
at ALL for all legal and constitutional purposes They
could not elect, because there were no districts in
those States from which TO elect Election BY gene
raj ticket IS no election. No existing and valid law
authorized any such election 10 be he d and no
election therefore, has been beu in those St,tes al
which Representatives FOR the 2Sth Congress could
be chosen.
TX Is undcfstood, nevertheless, that the persons
above named propose and intend TO vote in the cleo
lion for Speaker, on the ground that they hold re-
turns or written certificates commissions drawn
up IN regular form, purportng TO be the evidence of
their election as Representatives. We hold that any
returns they can have do not give them any title
whatever, when they arc considered in conncxion
with the known law Of the land At the same time
it is undoubtedly true that, by the Parliamentary law
returns or certificates In regular form BY
funciionarics, made according to law, are, in ali
cases, pimn aois evidence OF election and conclusiy,
evidence OF right TO assist in organising TIE bod,
to which persons are thus returned and il is under
color Of this rule OF Parliamentary law, as we un.
dcrs,and, that the persons above named presume 10
call themselves members Of this body
/ But provision has been made by law for cleo
ton by districts in these States and no such election
in fact held, how could any officer or fnctonary in
these States make return Of any such election
And as these States are not authorized by law 10
hold election by general ticket or otherwise than
by districts, how can any officer functonary there
in be authorized by law TO make return OF any such
election We are not prepared to admit that any
person from any OF these States have IN his pos
session any legal documentary proof Of his election