The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-12-06
THE PROTEST.

The following is the Protest against admit
ting the Representatives of the undstricted
States to vote, presented by Mr.. Barnard of
New York
The roll Of Representatives elected TO the 2sth
Congress. having now been called by the Clerk nc
cordlng 10 usage and quorum of members whose
rigt to participate in the act of organizing the
House OF Representatives is undisputed having ap-
peared and answered TO their names this BODY is
about to proceed TO the high duty ofeIectng Speak
erto fill an Office which, in point Of dignity and DO
tica consequence, is hardly second to any known to
the Constitution, after that Of President Of the Uni
ted States Before that high duty shall be entered
upon the undersigned, feeling sense Of solemn OBJ
legation to truth and of responsibility to God for
what they utter and assert constrained TO declare
that in their united and undoubtng conviction and
Judgment deep and grievous wound perhaps ne YER
To be healed, will be inflicted on the Constitution.
and law Order and civil liberty If the election of
Speaker shall be conducted in the manpcr in which
We have reason to apprehend it may be.
Several persons from the State Of New Hamp.
shire, namely, Edmund Burke, John p Hale. Moses
Norris, Jr., and John r. Redpg several persons,
also from the State of Georgia namely. Howell
Cobb, Hugh A. HARRISON, and Absalom H. Cbappel II
one person from the State Of Mississippi, namely.
Jacob Thompson; and several persons IRON the State
of Missouri, namely, James NJ Bowln, James M
Hughes, John Jameson, Gustavus M Bower and
James II. Relfe, have been called by the Clerk are
now in this 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 Representa-
lives of the People here present in the election of
Speaker, and to act and participate fully in the or
ganzation Of the House Of Representatives, as if
they were members thereof GU %
BY the act Of Congress of June 25, 1912 "for the
apportonmept of Representatives among the several
States according TO the sixth census" it was enacted
athat in every where State is entitled TO more
than one Representative, the number to which each
State shall be entitled under the apportionmcnt shall
be elected by districts composed of contiguous terri
tory equal in number to the number of Representa-.
tves 10 which said State may be entitled no one dis
trici electing more than one Representative "
aThe 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 18th Congress- each of them being entitled to
more than one Representative and the people of
those States have failed, therefore, to elect Repre-
sentatiycs by districts, the law of Congress re-
quired. ~
These facts are notorious, indisputable, and undis
puted they are known TO all, and admitted by all
Failing to elect by districts they have failed TO elect
at ST. for all legal and constitutional purposes. They
could not elect, because there were no districts in
those States from which TO elect Election by gene
raj ticket no election. No existing and valid law
authorized any such election to be he'd; and no
election, therefore, has been hel in those States at