The Whig standard. [volume] (Washington, D.C.) 1843-1844, 1843-12-25

more formal PRONUNCIATION than that which has been
made OF 1t in the published account of the proceed
ings. 1t IS, therefore, now republished, with the
addition of the signatures Of several members who
had not opportunity of placing their hands to it
before its first appearance.
THE PROTEST
The roll of Representatives elected to the 2Sth
Congress having now been called by the Clerk ac-
cording 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 pro-
coed to the high duty of elecng Speakerto fill an
Office which, in point of dignity and political conse-
quence is hardly second to any known to the Constr
tuition, after that of President of the United States.
Before that high duty shall be entered upon the UNI
dersgned, feeling sense Of solemn obligation to
truth and OF responsibility to God for what they utter
and assert, constrained to declare that IN their
united and undoubting conviction and Judgment a
deep and greyous wound, perhaps to be healed,
will be inflicted on the Constitutions and on law
ORDER and civil liberty, if the election of Speaker
shall be conducted in the manner 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
r., and John h. Reding; several persons also from
the State Of Georgia, namely, Howell Cobb, Hugh A.
HARRISON, and Absalom H. Chappcll; one person
from the State Of Mississippi, namely, Jacob Thomp-
SON. and several persons from the State of Missouri
namely, James M. Bowlin, James M. Hughes John
jameson, Gustavus M. Bower, and James r. ReIfe
have been called by the Clerk, are now in this Hail
and have answered to their names in a manner to
leave doubt that their intent and purpose il to vot
with the duly elected Representatives Of the People
here present in the election of Speaker and to act
and participate fully in the organization of the House
of Representatives, if they were members thereof
BY the act OF Congress of June 25, 1872 :" for the
apportlonment Of Representatives among the several
States according to the sixth census it was enacted
" that in every where State is entitled to more
than one Representative, the number to which each
State shall be entitled under the apporonment shall
be elected by districts composed OF contiguous terri
tory, equal in number to the number of Representa-
tves to which said State may be entitled no one dis
trict electing 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 2oth Congress, 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, ndisputable, and un-
disputed; they are known to all, and admitted by
all Failing to elect by districts they have failed to
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 pen
era tickets election No existing and valid law aue
thorzed any such election to be held and no election
therefore, has been held in those States which Rem
resentaves for the 28th Congress could be chosen.
1t is understood, nevertheless, that the persons
above named propose and intend to vote in the cleo
ton for Speaker the ground that they hold returns
written certificates or commissions, drawn up in re-
guar FORM purporng to be the evidence of their cleo
ton as Representatives We hold that any returns
they have do not give them any title whatever.
when they considered in connection with The
known law of the land At the same time, it is un-
doubtedly true that by the Parliamentary law returns
certificates in regular form, by authorized func-
tionares, made according to law, are in all cases
pima tacie evidence Of election and conclusive evil
dence of right to assist in organizing the BODY to
which persons thus returned and it is under color
Of this rule Of Parliamentary law as we understand,
that the persons above named presume to call them
selves members of this body.
But as no provision has been made by law for cleo
ton by districts in these States, and such election
in fact held, how could any officer or functionary in
these States make return of any such election,
And as these States not authorized by law to hold
an election by general ticket, or otherwise than by
districts, how can any officer functionary therein
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 can have in his pos
session any legal documentary proof Of his election
as Representative for the 20th 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 partic-
patton in that act would be attended with great en-
barrassment and great delay, and with the hazard of
confusion, violence, and anarchy in this hall.
We have concluded, therefore, to content ourselves
in this stage of the business of the House, with de-
claring, in this formal and solemn manner, our con-
domination of proceeding the part of the persons
we have named, which, if performed, we shall hold
to be lawess and essentially revolutionary in its cha
racter, subversve of the Constitution and of ali law
and order, and tending directly to the destruction of
our free Government. We declare that we shall re-
gard the election Of Speaker f effected by the votes
OF these persons as an illegal election and legal
fraud upon the naon and we shall not fail or cease
after this body shall have been organized and in the
progress of the session, to make every effort within
our competency to vindicate the law, to purge the
House, and bring it back to condition Of constit,l
tional soundness.
D. ID. Barnard, NJ Y John ]. Vanmcter, Ohio.
X Rayner, NJ C. James Irwin, Pa
Robt. C. Schenck, Ohio. Elias Florence Ohio.
Milton Brown, Tenn Joseph Vance, Ohio.
Washington Hunt, ". Y J. r. Giddings, Ohio.
Asher Tyler, ~ Alexander Harper, Ohio
Samuel @ Sample, la. M HI. jerks, Pa
Inbn Hardin A