Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-12-21

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ha mere nrecluded from vot ne upon their own case
This matter should not go to committee ~ WIS
admitting that there was some DOUBT as 10 me i's"'
their seats. Having once admitted that-hu''"e
forced The matter t. COMMITTEE, and that commtlee
having reported, they nsian,aneousIy placed 10
predicament where they would have no r'sh! 10 act
upon the case Delicacy IL not The very rues Oh
The House would prevent If these States were iuly re-
,,esen,ed 81 members of this House from voting upon
The report Mr. was not will ng by any act OF his,
either nov or hereafter TO esat sh precedent when
would dsianchlse the Stale which he mao 'he
honor in TO represent 1t very clear that The gen
llaman who had introduced this proposition, ana those
Who acted with him. he had before Observed wanteo
no sht from The report of committee, because lhey
had already decided upon the case they could not co-
plain if there was no report MADE. Lst hm suppose
case: that these four States should come precisely W
tho sa ne pcson the 29h they were IN the 2ot1
Congress- and that the majority should not be so large
as Il vas at present, who believed that this law was
nuty they would then be setting this precedent, oy
which having admitted that there was some douot
about the subiect-nct having taken the high ground
that they had the right TO their seats as the othei
members on this floor, they would be precludeo' wheh
the report was made, from voice upon II, ana oy
which they would all be sent home in the ~ Con-
prsss Did their States expect this {: HAD they not
sent them here for the direct purpose OF maintaining
their rights on this floor, Ii was not the mere object
of holding seat here It was rot MI J. so"h, or ms
S ates interest in seat here, that was most 10 oe
weighed in this matar it was the question whether
/
were TO be turned home from this floor
mir Jameson pressed ether views OF the subject, and
concud as follows
| great deal had been said about laws and Constitu
tons about conscience, too, and ell that conscience
when the effect Of the reference, advocated by gente
men, must be confer q majority to pass laws, $50
far at least as the action of this House was concern.
ed of the very and most in furious character lhat
could possibly be imagined This ds'r!ct'nG Jaw mao
been intended from The very first, to bring the Repre-
sentatives from the non-districted States, before
| Committee of Elections oil this House. and gentlemen
had full and timely warning that such must be It's ell
feet II vas passed with this direct purpose. The ma
ority who passed it, were distinctly apprzed that
there would not be time for the Legislation 1t conempla-
ted-for dstricng the States, before the approaching
election, for members TO the present Congress Even
had the law been Constitutional in its character, II
must of necessity, have been practically imperative
The idea expressed by the gentleman from Indiana,
understood l., be Mr.. Kennedy perfectly cor
rect that no such proposition as that now offered could
Constlutionally be entertained in this House An act
like this passed just upon the eve OF congressman
Election, in two three Of the Staes against the So
Tenn warning that there could not be time Tor comply
mr. with its provisions before the election and against
the earnest rcmonsrance of gentlemen, that the mao
8 ry would, at least, make such exception IN the
wording OF the act should make provision, for men,
hers elected I, this Congress- to take their seats here
n this session Why, they knew we'll enough, that no.
tce could not reach The Governor of Missouri until
very few days before the election. law, passed un-
der such circumstances looked very like settled de-
terminaon beforehand, 10 deprive sovereign States oil
!, tie Union of their rights on this floor They were
IS shown that such would be its practical operation, and
II still they passed the law.
}, MIR. j. eaid this the assumption taken by The gen
temap, that the aPporonment aw was constitutional
J And even on that assumption, unless gentlemen were
prepared admit that triumphant party majority may
keep sovereign States of all their rights IN THIS
7, House-iu fact, might keep them out OF the House 81
ID tnse,her-tere could be no foundation Tor reference
of their case 10 the Committee Of Elections, as no"
A. proposed by the gentleman from Kentucky, (Mr Ia
vs) One Of the greatest questions presented BY
such an attempt which could be mooted IN this Body
viz Whether the House could pass such law that, u
the approaching Doth Congress, entire States might b.
f. KEEP, out of this House? Tha. alone was quite enough
H. to make any law void. The fact, that by It's oPe
ration entire States must be ousled from this House
J. and in effect ousted from the Union enough u
L, ncuce every man who loved the Constitution to hol
n, i, void and of effect Such was the posture
s, things under which this famous appofeonmeht ias
N had been passed. Three four States oil the Onio
were by its operation TO be DISTINGUISHED driven out
J the Union! II gentlemen wanted TO see specimen
J. real notification not in word but IN deed ano IN isc
y, here law which did no less than MUMMY I'M
<, Union
But Mr. j. said, it not his purpose at this TIM
n to 90 into the merits Of the apportonment law; no
should he attempt it till the present question should
qfsasd &hfRs Re ue s BE- 9i as s T"G 81
n argued, it would be time enough touch the genera
st question
The question now before the House was whether tn
es titles OF gentlemen to their seats coming from hos
e States which had not complied with the apportonner
law, should be referred 10 the standing Committee
: Elections, to n select committee, TO Committee
- the Whole House on the state OF the Union? He wa
IN favor of neither. He was, reflection against q
reference whatever of the matter and he should there
u fore rdraD his dment 10 the amendment OF tn
e, gentleman from Virginia. (Mr. Steenrod) proposing
e reference 10 q Committee Of the Whole. For his par
h. IL
n port of standing committee, select committee,
lei Committee OF the Whole; but he could very plain
hlv, that there great difference between havln
IS the subject considered by any committee and by tn
mi Mr.. KENNEDY inquired of the Chair whether th
er amendment of MIR Jameson in order?
en- The CHAIR informed him that it had just bee
W, Withdrawn.
as Mr.. KENNEDY then said that he would move {
amend the resolution by striking all after the
no 'Reso0ed, and inserting:
"That the Committee Of Elections be directed 10 re
II upon the certificates of the members returned
ierve in this House, and that they inquire and report
nd whether the several members of this House have bee
ne elected in conformity with the Constitution and law
ne Mr.. ELMER rose to say that should the amendmen
d The amendment just moved by the gentleman from
nj Indiana (Mr Kennedy not prevail, he intended 10 oe
lie foownp
on Resoioed, That the Committee Of Elections be dl
N, rc!ed to examine and report upon the certificates
"a ELECTION other credentials of the members returned
to toserve in this House. and that they inquire and
ne pert whether the several members Of this House have
bean elected in conformity with the Constitution
on Law.
Mr.. F. supported the propriety of adopting such
er resolution, by remarks which, owing to the gen
in tennn unfortunate position in reference to the Re
poters for this paper scarcely heard amid goo'
w deal of din which prevailed; but he was believed t.
OF observe that was, his opinion, proper and regular
thai the credentials Of the gentlemen in question shouc
N The Committee of Elections, and tina, the House
rs should have report upon them. He had therefore
brought before The House notice of resolution 10 thai
ID efed practically, but freed from the difficulties which
as now beset the subject.
ID NJ. DAVIS of KY. signiGed his acceptance of the
Of substitute jus, read by Mr. Elmer modification of his
It own original resolution
% notion made that the House adjourn, but wa.
T. withdrawn for the moment.
n And the Speaker laid before the House certain Exc
J. cudve communications; amongst which was q commu
nicati,n from The Treasury Department setting forth
the mines OF the parties entitled to, and the amounts
respectively due of the old funded and unfundd debt