Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1843-12-15
THE PROTEST.

The roll OF Representatives elected TO
the 2Sth Congress having now been call
ed BY the Clerk, according to usage,
and quorum of members whose right to
participate in the act of organizing the
House of Representatives is undisputed,
having appeared and answered to their names
this body is about TO proceed TO the high
duty Of electing speaker-to fill an office
which, in point of dignity and political con-
sequence, is hardly second to any known
TO the constitution, after that of President of
the limited States. Before that high duty
shall be entered upon, the undersigned,
feeling a sense of solemn obligation to truth
and of responsibility to God for what they
uttered an assert, are constrained to de-
clare that. in their united and undoubting
conviction and judgment, deem and grev-
Gus wound, perhaps never to be healed,
will be inflicted on the Constitution, and on
law, order, and civil liberty, if the election
of Speaker shall be conducted in the man
ner in which we have reason TO apprehend
it may be.
Several persons from the State of New
Hampshire, namely, Edmund Burke John
p. Hale, Moses Norris, Jr., and John r.
Reding several persons, also, from the
State Of Georgia, namely, Howell Cobb,
Hugh A. HARRISON, and Absalom II. Chap
pell; one person from the State of Misss-
sippi, namely, Jacob Thompson and sew
eral persons from the State of Missouri,
namely, James NJ Bowlin, James NJ. lIuges,
John jameson, Gustavus NJ Bower, and
James NJ Relic have been called by the clerk,
are nov in this Hall, and have answered to
their names in manner TO leave no doubt
that their intent and purpose is to vote with
the duly elected Representatives ofthe Peo-
pie here present in the election of Speaker, |
and to act and participate fully in the or
ganizaton of the House of Representatives,
as ifthey were members thereof.
By the act OF Congress Of June %, 1912,
"for the apportlonment Of Representatives
among the several States according to the .
sixth census" it was enacted that in every
case where State is entitled to more than
one Representative, the number to which
each State shall be entitled under the APP
portonment shall be elected by districts
composed of contiguous territory, equal in
number to the number of Representatives
to which said State may be entitled, no
one district electing more than one Rep
reseutatye."
The several States above named have re-
fused or failed to provide by law for the
election by districts Of representatives from
those States respectively to the 2Sth Con-
gress, each of them being entitled to more
than one Representative, and the people of
those States have failed, therefore, to elect
Representatives by districts, as the law Of
Congress required.
These facts are notorious, indsputablc, :
aud undispned they are known to all,
and admitted by all. Failing to elect by {
districts, they have failed to elect at ALL 5
for legal and constitutional purposes
They could not elect, because there were
no districts in those States from which to
elect. Election by general ticket is no cleo
ton No existing and valid law authorized
any such election to be held and no cleo
ton, therefore, has been held in those States
at which Representatives for the 2Sth Con-
gress could be chosen. II
1t is understood, nevertheless, that the !
persons above named propose and intend
TO vote in the election for speaker, on the
ground that they hold returns, or written
certificates or 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 are
considered in connexlon 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 authorized functionares, made accord
ing to law, are, in all cases, primd facie ev-
idence of election, and conclusive evidence
of right to assist in organizing the body
oh ,oI. =.
is under color of this rule of Parliamentary
law, as we understand, that the persons
above named presume to call themselves
members of this body.
But as no provision has been made by
law for election by districts in these States,
and no such election in fact held, how
could any officer or functionary in these
States make a return of any such election!
And as these States are not authorized by
law to hold an election by general ticket,
or otherwise than by districts, how can any
officer or functlonary therein be authorized
by law to make return of any such cleo
ton And as these States are not author
lied by law to hold an election by general
ticket, or otherwise than by districts, how
can any officer or functionary therein be
authorized by law to make a return of any
such election We are not prepared to adj
nit that any person from any of these States
can have in his possession any legal docu-
mentary proof Of his election as Repre-
sentative for the 2Sth Congress- We are
well aware, however, that an attempt, if
now made, by motion or resolution, before
the organization of the house. to exclude
these persons from all participation in that
act would be attended with great embar-