Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1843-12-29
TWenty-eighth Congress,
FIRST SESSION.
Mr.. BARNARD's PROTEST.

~ Nu0 ~Oiu SOuk 1883 HdNluR VV0u Cbll-
cd by the Clsrk, according 10 usage,
and a quorum q: members whose right
10 participate in the act Of organizing
the House OF Representatives is undIs-
puted having appeared and answered 10
their names, this body is about to pro-
ceed TO the high duty Of electlng Spea
ksr--to fill an Office which, in point of
dignity and political consequence, is
hardly second TO any known in the Con-
stitution, after that OF President OF the
United States. Before that high duty
shall be entered upon, the undersigned,
feeling a sense of solemn obligation to
truth and oI responsibility to God for
what they utter and assert, are con-
strained to declare that in their united
and undoubtiDg conviction end judg-
ment, deep and grievious wound, per.
haps never to be healed, will be inAct-
ed on the Constitution, and on law, or
der, and civil liberty, if the election of a
Speaker shall be conducted in the man
ner in which we have reason TO apprs-
heud it may be.
Several persons from the State OF
N Hampshire, namely, Edmund Burke,
John P. Hale, Moses Norris, jr. and
John R Reading; several persons also,
from the State Of Georgia, namely,
Howell Cobb. Hugh A. HARRISON and
Absalom CNppeIl; one person from the
State Of Mississippi, namely, Jacob
Thompson; several persons from the
State OF Missouri, namely, James NJ.
Bowlin, James N, Ilughs John Jemlson,
Guslavus NJ. Bower. James q. Relic,
have been called by the Clerk, are now
in the Hall, and have answered to their
names in a manner to leave no doubt
that their intent and purpose is to vote
with the duly elected Representatives
OF the People here present, 10 the cleo
tion oS Speaker, and TO sct and parlici-
pate fully in the organization Of the
House OF Representatives, as if they
were members thereof.
By the act Of Congress Of June 25,
1912, 'for the apporuOnment Of Repre-
ssnla,iVes among the several States ac-
cording to the 9th census, it was en-
acted that 10 every case where Slate
is entitled 10 more than one Represen-
tative, the number 10 which each Stale
shall be entitled under the apporlion-
ment shall be elected by districts com.
posed OF contiguous territory, equal in
number 10 the number of Representa-
,ives to which said State may be enti-
tied, no one district electing more than
ono Representative,
The several States above named have
refused or failed to provide by law for
the election by districts Of Representa-
tives from these States respectively to
the 2Slh Congress, each OF them being
entitled 10 more than ono Representa-
tive, and the people Of those States have
failed, therefore, TO elect Represents
tives by districts, as the law oI Congress
required.
These facts are notorious, iCdispula.
BILE and undispulsd: they are known to
all, and admitted by all. Failing 10
elect by districts, they have failed TO
elect at all. for all legal and constitu.
tona purposes. They could not elect
because there were no districts in those
States from which to elect Election by
general ticket is no election. No ex-
isling and valid law authorized any
such election to be held: and no election
therefore has been held in those States
at which Representatives for the 28Ih
Congress could be chosen.
1t is understood, nevertheless, that
the persons above named propose and
intend 10 vote in the election of Speak
er, on the ground that they hold returns
or written certificates or com omissions
drawn up in regular form, purporllng
to be the evidence OF their election al
Representatives. We hold that any re
turns they can have do not give them
any title whatever, when they are con-
sldered in connection with the known
law Of ths land. Al the same Tins, it il
undoubtedly true thai, by the Parlia.
menlarv law, returns or certificates in
regular form, by authorized funclona
ries, made according 10 law, are, in all
cases. prima face evidence of election
and conclusive evidence OF right 10 as
sist in organizing the body TO which
persons are thus returned; and it is IN
der color Of this rule Of Parliamentary
law, as we understand, that the persons
above named presume 10 call themselve'
members Of this body.
Bot 10 provision has been made by
law Tor election by districts in these
States, and no such election in fact held
how could any officer or fuuctionary in
these States make o return Of any such