Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1843-12-14

the chair, (Mr Beardsley of N. Y, who was occu-
4 plying it for the moment in the absence of the
| speaker.) This course was finally adopted; ayes
] 9S-noes 4S.
The House adjourned to Monday.
In SENATE, Mr. McDUFFIE presented the Gre
dentials of Hon. DANIEL E. HUGER, Senator elect
from South Carolina, vice Hon. JOHN C. CALHOUN
resigned who was qualified and took his seat.
| After the presentation by the PRESIDENT of GER
4 tain communications from the Departments, and
4 the notices of certain bills,
The Senate adjourned to Monday.
Protest Of the Wing Members Of the House
| against the admission Of the illegally chosen
Members from the States arhich refused to DIS
t,ict according to Laac.
presented by MI Barnard of N. Y, but not allow
ed to be read by the loco majorityA
The roll Of Representatives elected to the 2Sth
Congress having now been called by the Clerk, ac-
| cordlng to usage, and quorum of members whose
right to participate in the act of organizing the
House of Representatives is undsputed, having APP
peared 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 po-
ltical consequence, is hardly second to any known
to the Constitution, after that of President of the
United States. Before that high duty shall be en-
tered upon, the undersigned, feeling sense of SOL
emn obligation to truth and of responsibility to
God for what they utter and assert constrained
to declare that, in their united and undoubtng con-
viction and judgement, deep and grievous wound
perhaps obehealed will be inflicted upon the
| Constitution, and on law, order, and civil liberty
if the election of Speaker shall be conducted in
the manner we have reason to apprehend it may
| be. t-
Several persons from the State of New Hamp-
shire, viz: Edmund Burke, John P. Hale, Moses
Norris, Jr, and John R. Reding; several persons
also from the State Of Georgia, namely, Howell
, oh
pell one person from the State Of Mississippi,
namely, Jacob Thompson {; and several persons
from the State of Missouri, namely, James M. Bow
lin, James M. Hughes, John Jameson, Gustayus
NJ Bower, and James H. Relfe, have been called
by the Clerk, are now in this Hall, and have ans
wered to their names in manner to leave no
doubt that their intent is ovote with the duly cleo
ted Representatives of the people here present in
the election of Speaker, and to act and partci-
pate fully in the organization of the House of Rep
resentatives, as if they were members thereof
By the act of Congress June 25th, 1912, &c for the
apportionment of Representatives among the seve-
raj States according to the sixth census" it was
enacted " that in every where State is enti-
tied to more than one Representative the number
| to which every State shall be entitled under the
apportionment shall be elected by districts COM
posed of contiguous territory, equal in number to
the number Of Representatives to which said State
may be entitled, no district electing more than
one Representative"
I The several States above named, have refused or
failed to provide by law for the election by Dis
trcts of Representatives from those States respec-
lively to the 2sth Congress, each ofthem being
titled to more than one Representative, and the
peopleof those States have failed, therefore, to
elect Representatives by districts, as the law Of
Congress required.
| These facts are notorious, ndisputable, and
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 pur-
poses.s 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-
isting and valid law authorized any such election
to be held and no election, therefore, has been
held in those Statesa which Representatives for
the 2Sth Congress should be chosen.
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, purporting to be the
evidence of their election as Representatives. We
hold that any returns that they can have, do not
give them any title whatever, when they are, con-
sldered in connexion with the known law of the
land AT the same time, it is undoubtedly true
that, by the Parliamentary law, returns certi6-
Gates in regular form, by authorized functonaries
made &C cordng to law, are in all cases, prmG ia
rie evidence of election, and conclusive evidence of
a right to assist in organizing the body to which
PciSoHS EeturH6us ana IL Is unQef Color OF
this 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 cleo
ton by districts in these States and no Such cleo
tion in fact held, now could any officer or func-
tionary in these States make 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
fnnctionary be authorized by law to make a return
OF any such election. We are not pepared to adj
INIT that any person from any of these States can
have IN his possession any legal documentary proof
OF has election representative to the 2Sth Con-
gress. We are well aware, however, that arf at
tempt 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 embarrassment and great
delay, and with the hazard of confusion, violence,
and anarchy in this Hall.
We have concluded, therefore, to consent our
selves. in this stage of the business of the House,
with declaring, in this formal and solemn manner,
our condemnation Of proceeding on the part of
the persons we have named, which, IL performed,
we shall hold to be lavless and essentially revou-
tonary in its chafacter subversive ofthe Constiu-
ton and Of all law and order and tending directly
\ to the destruction Of our free Government. We
declare that shall regard the election Of Speak
ers If effected by thevotes of these persons, as an
illegal election and legal fraud upon the Nation
ana we shall not fail cease, after this body shall
have been organized, and in the progress Of the
session make every effort within our competency
N a ~