New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-12-06

DtSlrlCt HtC0futHg 70 LHtC
Presented By Mr. BARNARD Of " y but not allowed 10 Be
read BY The Loco majority:
The roll of Representatives elected to the
YXVIIIth 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 House of Representatives is IN
disputed having appeared and answered to their
names, this body is about to proceed to the high
duty OF electlng Speaker-to FL an Office which,
IN point OF dignity and political consequence, is
hardly second to any known to the Constitution,
after that of President Of the United States
Before that high duty shall be entered upon. the
undersigned, feeling sense Of solemn obligation
to truth and of responsibility to God for what
| they utter and assert, are constrained to declare
that, in their united and undoubting conviction
and judgement, deep and grievous wound, per-
haps never to be healed, Will be inflicted on the
Constitution, and on law, order, and civil liberty,
if the election of Speaker shall be conducted IN
the manner in which we have reason to appre-
| bend 1t may be-
Several persons from the State OF New Hamp-
shire, namely, Edmund Burke, John P. Hale
Moses Norris. IT. and John R. Reding several
persons, also, from the State of Georgia, namely,
Howell Cobb Hugh A. HARRISON, and Absalon
| H.
sissipp, namely, Jacob Thompson; and several
persons from the State OF Missouri, namely, James
! M. Bowln James NJ. Hughes, John Jameson,
Gustavus NJ Bower, and James H. 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 Representatives Of the
People here present in the election of Speaker,
and to act and participate fully; in the organza-
ton of the House Of Representatives, as if they
were members thereof
By the act of Congress OF June p, 1912, q for
the apportionment of Representatives, among the
several States according to the sixth census" it
was enacted that in every case where a State is
entitled to more than one Representative, the
numter to which each State shall be entitled I'M
der tie apportionment shall be elected by districts
composed Of contiguous territory, equal IN num-
Der to the number Of Representatives to which
said State may be entitled, no one district elect
ing more than one Representative
The 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 20th Congress- each of them
being entitled to more than one Representative,
and the people Of those States have failed, there
fore. TO elect Representatives by Districts the
law of Congress required.
These facts arc notorious, ndisputabe, and un.
disputed they arc known to all, and admitted
by all. Failing to elect by districts, they have
failed to elect at all, for all legal and constltu
tional purposes. They could not elect, because
there were no districts III those States from which
to elect Election by general ticket IS no eiec-
ton No existing and valid law authorized any
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 be
chosen.
1t is understood, nevertheless, that the persons
above named propose and intend TO intend to vote
in the election for Speaker, on the ground that
they hold returns, or written certificates or COM
missions, drawn up in regular form, purportng to
be the evidence OF their election as Representa-
tives We hold that any returns they can have
do not give them any title whatever, when they
arc considered in connexion with the known
law of the land. At the same time, it is I'M
doubtedly true that by the Parliamentary law,
returns or certificates in regular form, by author
lied frnctionarics, made according to law, are, in
all cases, pr1ma tdcie evidence of election, and
conclusive evidence of right to assist IN organ
ling the body to which persons are thus returned;
and it is under color Of this Parliamentary law,
az VIC understand that the persons above named
presume to call themselves members OF this body.
But as 10 provision has been made by law for
election by districts IN these States, and no such
election in fact held, how could any officer or
functlonary in these States make return of any
such election? And as these States are not au-
thorized by law to hold an election by general
ticket, or otherwise than by districts, how can
any officer or functionary therein be authorised
by law to make a return Of any such election?
We are not prepared to admit that any person
from ariv of these States can have in his posses
son any legal documentary proof Of his election
az a representative for the 2Sth Congress- We
arc well aware however, that attempt, if now
made by motion or resolution, before the organ-
cation OF the House, to exclude these persons
from all participation IN that act, would be at
tended with great embarrassment and great de-
Law, and with the hazard of confusion, violence,
and anarchy IN this Hall.
We have concluded, therefore, to content our
Selves in this stage of the business of the House,
with declaring. in this formal and solemn manner,
our condemnation of a proceeding on the part Of
the persons we have named, which, if performed,
we shall hold to be lawless and essentially revolu-
tionary in its character, su5versive of the Const-
tuition and Of all law and order, and tending d.
rectlv to the destruction Of our free Government.
we declare l!lat We sdIi leSdtu tilc eleCtlCH VI
Speaker if effected by the votes of these persons,
as an illegal election and legal fraud upon the
Nation; and we shall not fail or cease after this
body shall have been organized, and in the pro-
gross Of the session, to make every effort within
our competency to vindicate the law, to purge
the House and bring it back to condition OF
constitutional soundness
[Signcd by D. D. BARNARD j. Q. ADAsis &c.
&c. fifty in all
GaS-Layv Sustained!
The following IS the vote in the House OF Rep
resentatives on Mr. Adams's motion to except