Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-12-21
THE PROTES

sentatives on Monday, by Mr.. Barnard:
The roll of Representatives elected to the
2Sih Congress having now been called by the
Clerk, according 10 usage, and quorum of
members whose right TO participate in the act
OF organizing the House of Representatives is
undispued having appeared and answered to
| their names, this body is about to proceed 10
the high duty of elec,ing Speaker-to fill
an Office which, in point of dignity and poli,-
zeal consequence, is hardly second to any
known To the Constitution, after that of Pres
ident OF the United States. Before that high
d1.y shall be entered upon the undersignecl
telling a,sense of solemn obligation TO truth
and Oh responsibility 20 God for what they
utter and assert, are constrained to declare that
III their united and undoubiing conviction and
judgment, deep and grievous wound, perhaps
never to be healed, will be inflicted on the
Constitution, and on law, order and civil lib
eriy, II the election of a Speaker shall be con-
| duc,edin the manner i'll which we have reason
10 apprehend it may be.
Several persons from the state of New
Hampshire, viz: Ed. Burke, John p Hale.
Moses Norris, jr., and John r. Redng; sew
eral persons, also, from the State of Georgia.
viz; Howell Cobb, II. A. HARRISON and Absa-
lom ii. Chappell; one person from the State
OF Mississippi, viz: Jacob Thompson and
several persons from the State of Missouri, viz !:
James nj. Bowlin, James NJ. Hughes, John
jameson, Gustavus Nj. Bower and James II
Relie, have been called by the Clerk. are now
IN the Hall, and have answered TO their names
IN manner to leave no doubt that their in
tent ana purpose Is 10 vote, with the duly
elected Representatives of the People here
present IN the election of Speaker and 10 act
and participate fully in the organization of the
House OF Representatives, us if thew were
members thereof
BY the act of Congress of June 25. 1912.
"ior the superintendent of Representatives "a
mong the several States according to the sixth
census" it was enacted "that i'm every case
where State is entitled TO more than one
Representative, the number TO which each State
shall he entitled under the apportionment
shall be elected by districts composed of con-
uguous territory, equal in number 10 the
number oil Representatives TO which said State
may be entitled, no one district electing more
than one Representative
The several states above named have refus-
ell or Jailed TO provide by law for the election
by districts Of Representatives from those
states respectively to the 2Sih Congress. eacl,
.oi Them being entitled TO more than one Rep
reSeataiivr, :.na the people af those .atcs have
failed, therefore, to elect Representatives bv
districts, rs the law Of Congress required.
These facts are notorious, intlisputable. and
nndIsputed; they are known TO all. and adj
mtted by all.-Failing 10 elect by districts.
they nave Jailed 10 elect at all, for all legal
ana constitutional purposes.-They could not
eiec', because there were no districts in those
oiates from which 10 elect. Election BY gen.
eral ticket is no election. No existing and
vaiid law authorized any such election to be
heId and no election, therefore, has been
ned In those states at which Representatives
for the 2Sih Congress could be chosen.
1t Is understood, nevertheless, that the per-
sons above named propose and intend 10 vote
IN the election for Speaker, on The ground that
they held returns or written certificates to be
evidence of their election as Representatives.
we hold that any returns they can have 90
not give them any title whatever, when they
are considered in connexion with the known
law of the land. AT the same time. it is I'M
doubleday true that, by the Parliamentary law.
returns or certificates in regular form. by au-
thoriZed iuncilonaries, made according to law,
are, III all cases prima fdcie evidence of cleo
uon, and conclusive evidence OF right 10 as
sst in organizing the body to which persons
are thus returned and it 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 i'll fact held, how could any Off
Ger cr iunciionary in these states make re-
turn OF any such eleciion.-And as these states
are not authorized by law to hold an election
by general ticket, or otherwise than by dis
trcts, how can any officer or functionary
therein be authorized by law to make return
Of any such election? We are not prepared
to admit tbat any person from any Of these
states can have in his possession any legal
documentary proof Of his election as Rep
resenIatIve for the 2Sth Congress. We are
well aware, however that an attempt, if now
made, by motion or resolution, before the Or
ganization Of the House, to exclude these per-
sons from all participation in that act, would
be attended with great embarrassment and
great delay, and with the hazard of confusion.
violence and anarchy in the Hall
We have concluded, therefore. TO content
ourselves III this stage of the business of the
House, with declaring, in this formal and So
Tenn manner, our condemnation of proceed
ing on the part Of the persons we have named.
winch, II performed, we shall hold to- be law
less and essentially revolutionary in lis char
acter, subversve Of the Constitution and of
all law and order, and tending directly to the
destruction OF onr free Government. We de-
clare that we shall regard the election of
speaker, II effected by the yotcs of these per-
sons, as an Illegal election and legal fraud
upon the nation and we shall not fail or
cease; after this body shall have been organ
lzed, and in the progress Of the session, to
make every effort tvifbin orr co,,, Do,or,,. 4,