The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1843-12-19
PROTEST. of the Wing Mcmbps

uHWtSStOH
chosen Members from the STATES ,rhich rtrwih
District according TO Latc.
The following is copy of the protest against n,
cceding to the election of Speaker of the House d
Representatives GU the 4th inst, which was ofer'
by Mr. Barnard Of New York The House rcits
to enter it on the Journal.
The roll Of Representatives elected to the ?ai
Congress having now been called by the clerk, accr
ding to usage, and quorum Of members, who's
right to participate in the net Of organizing the Iop
of Representatives is undsputed, having appqars
and answered to their names this holy is aboutn
proceed to the high duty OF elerting Spealer-p
I'll an Office which in point of dignity and pritca
consequences, is hardly second TO any known to ll
Constitution, after that of President of the United
States. Refore thai high duty shall be entered upo.
the undersigned, feeling sense OF responsibilities
God for what they utter and assert, aro conoanea
to declare that, in their united and undoubting con.
vction and.judgment, deep and gveous wound
perhaps TO be healed, will be inflicted on The
Constitution, and on law, order, and civil liberty, 4
the election Of Speaker shall be conducted in the
manner in which we have reason to apprehend it NAV
be.
Several persons from the State of New Hampshire
namely Edmund Burke, John Hale, Noses Nort,
jr. and John II. Reding several persons also ftr
the State Of Georgia, namely Howell Cobb, IlouH
A. IIarlsoon, and Absalom H. Chapwell, one pena
from the State of Mississippi, namely, Jacob Thom.
son and several persons from the State of Missouri
namely, james NJ. Dowlin, james NJ. Hughes, Joha
jameson, Gustavus VI Bower, and James H. Rolh
hot,a hoa, ttnl I.,I a, =. IL
and have answered 10 their names in manner 10
leave doubt that their intent and purpose to VIE
with the duly elected Representatives of the PcCF'
here present in the election of Speaker, and to act
and participate fully in the organization of the Icua
of Representatives, as il they were members thee@
BY the act ofCongress Of June 25, 1912, for th
apportionment Of Representative among the seyerl
Suites according to the sixth census, it was enacted
that in every case where State is entitled to mch
than one Representatives the number TO which each
State shall be entitled under the apportionment shall
be elected by districts composed of contiguous ter
tory, equal in number to the number of Represent
tves to which said state may be entitled, one district
electng more than one Representatives
The several States above named have refused .
failed 10 provide by law for The election by dktdti
of Representatives from those States respectively
the 28th Congress, each of them being entitled "
more than one Repres entntive, and the people I"
those States have aled therefore, to elect RePsscn
taves by districts, as the law Of Congress required
Those facts notorious, indisputable, and unds
puted they are known to all, and admitted by all,
failing 10 elect by districts, they have failed to ee'
at ALL for all legal and constitutional purposes lne
could not elect, because there were districts
those States from which TO elect-Electon by genera
ticket is no election. No existing and valid Inv
authorized any such election TO be held, and no e'
ton, therefore, has been held in those States
which Representatives for the 2sth Congress could
chosen
II is understood, nevertheless, that the Pe'"
above named purpose and intend to vote in the e'
ton FOR speaker, the ground that they hold re'u'
or written certificates or commissions, drawn w
| regular form purporting to be the evdene Oh '"
election as Representatives. We hold that any
turns they can have do not give them any
| whatever, when they considered IN co""''
with the known law of the land. At the same WV
it is undoubtedly true that, by the Parliamentary
returns or certificates in regular form, by au'1V'-
functionnres, made according to laws are' III ~ I'D
es, prima facie evidence of election, and c0"'' "a
Of right to assist in organizing the body 10 ~,
persons are Tins returned; and it is under ''