Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-12-15

were offered, and lie over.
The Message of the President was recev-
cd, read, and ordered to be printed, 800
with and $500 without the accompanying doc
umcnts.
On motion of Mr. Barnard the Senate pro.
ceeded TO the election of Printer. Of 40 votes
cast, Gales g. Seaton, having received % to
Blair e. Rives II, were declared duly elected.
The Senate adjourned.
PROTEST
ofthe sThis Members of the House.
Against the admission of the illegally chosen
Members fran the STATES Which refused 10 Dis
trict according 10 I'aw.
Presented by Mr.. BARNARD of N. Y, but not
allowed to be read by the Loco majority.
The roll OF Representatives elected to the
XXVIIIth Congress having now been called by
the Clerk, according to usage, and quorum OF
members whose right to participate in the act OF
organizing the l1onse of Representatives is TN
disputed having appeared and answered to their
names. this body is about to proceed TO the high
Ialy Of eectng a Speaker-to fill an Office
which, in point Of dignity and political conse.
quence, is hardly second to any known to tn.
Constitution, after that of President Off. Uni.
ted Sta,es.-Before that high dutv shall De en-.
tered upon, the undersigned, feeli::.,r sense of
solemn obligation to truth and of responsibility
TO 200 :of what .ncy utter and assert, are con.
straine., 10 declare that in their united and un-
doubling conviction and judgement, deep and
grievous wound, perhaps never TO be healed,
will be inflicted On the Constitution, and on law,
order, and civil liberty, if the election of Speak
er shall be conducted in the manner 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. Redng; several
persons, also, from the State of Georgia, name
ly. Howell Cobb. Hugh A. HARRISON, and Absa-
ION III Chappell one person from the State of
Mississippi, namely, Jacob Thompson and sew
eral persons from the State of Missouri, name
ly, James NJ. Bowlin, James M. Hughes, John
Jameson, Gustavus ". Fower, and James II.
Role, 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 Rep
resentatives of the People here present in the
election Of Speaker, and to act and participate
fully in the organization Of the House Of Repre-
sentatves. as if they were members thereof.
BY the act OF Congress of June %, 1872, ''lor
the appointment OF Representatives among the
several States according to the sixth census" i,
i was enacted 'that in every case where State
is entitled to more than one Representative, the
number to which each State shall be entitled un-
der the appointment shall be elected by districts
composed of contiguous territory, equal in num-
Der to the number of Representatives to whic!
said State may be entitled, no one district elect
ing more than one Representative"
The several States above named have rcfusec
or failed to provide by law for the election By
Districts of Representatives from those State:
respectively to the 2Sth Congress, each OF then
being entitled to more than one Representa-
tive and the people Of those States have failed
therefore, to elect Representatives by districts
as the law of Congress required.
These facts are notorious, indisputable, ant
undispued; they are known to all, and admit
led by ALL Failing to elect by districts, they hav
failed to elect at all, for all legal and consitu
tional purposes. They could not elect, becaus
4, there were no districts in those States from whIc
to elect. Election BY general ticket is no cleo
ton. No existing and valid law authorized an
such election to be held and no election, there
FORE has been held in those States at which Re
representatives. for the 2Sth Congress could b
chosen.
1t is understood, nevertheless, that the pc.
sons above named propose and intend to vote !
the election FOR Speaker, on the ground thi
:, they hold returns, or written certificates or con
c missions. drawn up in regular form, purportIn
n to be the evidence of their election as RepreseI
d tatives. We hold that any returns they CO
If have do not give the any title Whatever, whs
If they are considered in connection with the know
e law of the land. At the same time, it is u!
e do,4bteily true that, by the Parliamentary la
It returns or certificates in regular form, by autho
&c ized functonares, made according to law, ar
e in ali cases, primo flcle evidence OF eiectio
and conclusive eyidenceiof a right to assist
y organizing the body to which persons are tn
4 - I'd cnlnr of hic Darli
le ncnt1ry law, as we understand, that the perso
.e allowed named presume to call themselves me,
OF bcrs of this body
N But as no provision has been made by law +
r election by districts in these States, and no SUI
a election in fact held, how could any officer
r. functionary in these States make return
er any such election! And as these states are n
o. authorized by law to hold an election by geneT
y ticket, or otherwise than by Districts how c;
RI any officer or functonary therein be authorls
he bv law to make a return Of any such election
A We are not prepared to admit that any pers
Mt from any of these States can have IN his pc
re session any legal documentary proc! OF his ele
he ton as a representative for the 2Sth Congr'
he We are well aware, however, that an at,em
Sc if now made, By motion or resolution, before t
nd organization of the House, to exclude these pit
on sons from all participation in that act, would
attended with great embarrassment and grt
he delay aud with the hazard OF confusion. vio!en
; II and anarchy in this Hall.
he We have concluded, therefore, to content o
il selves, in this stage Of the business of the ol
"a. with declaring, in this formal and solemn M
ner, our condemnation of proceeding on
IT part of tho persons we have named, which,
ida performed, we shall hold to be awless and
ad sentialy revolutionary in its character, subv
or 1.'e '" ~ I.. 49,, N ~ -"