Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1843-12-15


&. j. Ingerso and several other members, the
clerk proceeded in the call, when 1879 members
answered TO their names.
MIR. Barnard Of N. Y. (Whig) then arose and
offered the following protest Of the Wing mom- |
hers of the House, against the admission of mem
bers illegally chosen.
An irregular conversation ensued, in which |
Mesars. Dromgoe of Va, e. j. Ingersol Wise, |
Duncan and Kennedy, OF la. Gall locos, save Ty-
lerte Wise,) objected to its presentation and en-
trance upon the Journal of the House. After
considerable confusion MIR. Winthrop moved that
the gentleman have leave TO read his protest,
which was lost, ~ TO l24
Protest of the Wing Members against the admission
of the Illegally chosen Members from the States which refused
to District according TO Law.
The roll of representatives elected TO the 2Sh
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 undsputed, hav-
ing appeared and answered TO Their names, this
body 10 about to proceed to the high duty of elect
ing speaker-to fill an Office which, in point OF Z
dignity and political consequence, is hardly Sec
ond TO amy known TO the Constitution, alter that
OF President Of the United States Before that
high duly shall bo entered upon, the undersigned,
feeling sense of solemn obligation 10 truth aud
OF responsibility to God for what they utter and
INSERT, are constrained to declare that, in their
united and undouhliug conviction and julgmknt,
n deep and grievous wound, perhaps never to be
healed, will he inflicted on the Constitution, aud
on law ORDER and civil liberty, if The election OF a
speaker shall be conducted IN the manner in which
we have reason To apprehend it may be-
Several persons from The STATE of New ilamp-
shire, viz. Edmund Burke, John 2. Hale, Moses
Norris, jr. and John X. Reding ;--several persons
also, from the State of Georgia, viz, Howell Cobb,
Hugh A. HARRISON, and Absaom ii. Chappell
one person from tho State of Mississippi, viz.
Jacob Thompson aud several persons from the
r. lin,
| Hughes, John jameson, Gus'avus Nj. Bower, aud
james ii. Ref have been called by the clerk, are
| now in this Hall, and have answered to their
| names III manner to leave no doubt that their
| intent and purpose is TO vote with the duly elect
| cd Representatives of the people here present in
the election of Speaker and to act and participate
fully in the organization OF the House OF Repre-
| esntaves, as it they were members thereof.
BY the act of Congress OF June 9th, 1872, for
the apportionment Of Representatives among the
| several States according to the sixth census 1t
| WINS enacted "Thai in every case where Snte
| is entitled 10 more than one representative, the
| number 10 which each shall be entitled under The
apportionment shall he elected by districts COM
posed of contiguous TERRITORY, equal IN NUMBER 10
the number OF representatives TO which said state
may be.ened, no one district .elecilng more l1Hn
one representative"
The several States above named have refused
or failed to provide by law Tor the election by dis
trcts of representatives from those States respec'
lively TO the 28h Congress, each Of them being
entitled to more than one representative, and the
people Of those States have failed, therefore, TO
! elect representatives ny districts, us Tic law OF
| Congress required.
/ These facts are notorious, indiEpu'ahe and I'm
Il disputed they known TO all and admitted by
all. Failing TO elect by districts, they have failed
to elect at all, for all legal aid constitutional pur-
poses. They could not elect, because there were
no districts in those States from which 10 elect
Election by general ticket is no election. No ex-
isiing and valid law authorised any such election
to he held, and no election, therefore. has been
held in those States at which Representatives for
the 26ll Congress could be chosen.
1t is understood, nevertheless, that the persons
above named propose and intend TO vote III the :
lection tor speaker on the ground that they hold
returns, or writ'eu certificates comun Yions,
drawn up in regular form, purporung 10 Id ne
evidence of their election rs representatives. We
hold that any returns they can have do not give
:, Them any title whatever, when they are consider
ed in connection with the know law Of the land.
AT the same time, il is undoubtedly ruc tha', ny
the parliamentary law, returns or :erlihca'cs ~
/ regular form, by authorised functonaries' hiaue
according 10 law, are i'll all cases pra iuc'' .. i
; dcnce of election, aud conclusive evidence OF a
right to assist in organizing the body to which
p, thus returned and it is under color OF
this rule OF parliamentary law, as we understand,
that The persons above named presume TO cal
themselves members of this body.
Bat as 10 provision has been made by !67T Tor
eeciing by districts in these states, and no such
+ election in fact held, how could any officer or
n luuciionary in these States make return of any
o such election? And these States not au-
II thorsed by law to hold election by genera
ticket, or otherwise than by districts, how any
q officer or functiouary therein be authorised by
u law TO make return Of any such election? W.
l. are not prepared 10 admit that any person fFou
any oil these States, have in his possession any
legal documentary proof of his election as rep
,g resentave for tie twenty eighth Congress. W.
o. are well aware, however, that an attempt, if now
5, made, by motion or resolution, before the organ
a izacn of the House, TO exclude those person
from all participation in that act, would be attend
ed with great embarrassment aud delay, and will
J, the hazard Of confusion, violence and anarchy ii
e this Hall.
al We have concluded, therefore, to contep, our.
selves, in this stage of the business OF the House
ar with declaring, III this formal and solemn manner
ia our condemnation Of proceeding on the part O
Ie the persons we have named, which, If performed
we shall hold 10 be lawless and essentially revo
u, uonary III its character subversiye of the Con
stiluiIon and of law and order and tending drec,
&c. Iy TO the destruction OF our free government. w
re- declare that we shall regard the election G
ad Speaker, if effected by the of these persons
M m, as an illegal election and legal fraud upon III
,er nation and we shall not fail or cease, alter hi
body shall have been organized. and in the pro
of grass of the session. to make every effort with,
dy our competency to vindcaIe the law. to purge III
on House, and bring it back condition OF c0nsl
MI tuIional soundness.
md
Ds The Clerk then asked the House whether .he
the would proceed to vote for Speaker by bsHol
OF viva voce- when the House decided 10 vote vi,
ave and The clerk proceeded TO call the roll
the following is the result as reuorted Inv the re
and ~ ~ = - ~
will ltIe-."eesis. iloPhlhs VI va, Fance vi Ohl
tu- Campbell of 5. Carolina:
e For Hon. }. w. jones' 1913
John White, SO
William Wilkins,
After it was announced that Mr.. John W. Jon
III. was duly elected Speaker he conducted
oL the Chair by Messrs J. c. Adams, Coles al
al Lewis, and took the oats of Office. He then r
~ lIis arkn Iarnr % he Housa In