Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1843-12-14

members elected b General Ticket ;ak
log part in tie election Of officers. uhic
Mr.. Barnard. Of New Ystt. spked lesv
10 read before he election Of Speaker il
The lower House Of Congress % Nor day
/ The roll Of Representatives elected L
the 2SIh Congress having nor been call
led BY the Clerk. according 10 usage. and
: quorum Of members whose Fikht 10 par.
iicipaie in the act Of organizing the Honss
Eof Representatives Is nndispaied. having
appeared and answered to their natDes,
this body is about 10 proceed to The high
duty Of eleciiaga Spesker-so 81 an Of
nee which. 10 point OF digniiy ard poIiii.
zeal consequence. is hardly second to any
known 10 The Constitution. after that Of
President Of The United States. Before
that high duty shall be eptered upon. the
Undersigned. feeling sense Of solemn OBJ
legation to truth and Of responsibility to
God for what they utter and assert, are
constrained TO declare thai, ia their uni.
ted and undoubting conviction and Judge
ment. a deep add gTievons wound. per
Ihaps never 10 be healed. will be inflicted
on the Constitution and on Law order, and
and civil hberiy.if the election OF Spek-
er shall be conducted in the manner 10
which We have reason TO spprehend- il
may be.
Several persons from The Stale Of New
Hampshire. namely, Edmund Burke,
John P. Hale. Moses Norris, jr. and John
R. Reding several persons, also troI the
SlaieEof Georgia. namely Howell Cobb.
Hugh A. HARRISON. and Absalom H.
Chappell one person from the State Of
Mississippi. namely. Jacob Thompson;
and several persons from The State Of Mis-
sour. namely. James NJ. BoWlin. James
NJ. Hughes. John Jameson, Gnstavus NJ.
Bower, and James H. Relic. has been
Gale by the Clerk, are nov in this Hall,
and have answered TO their names 10 a
manner to leave no doubt that their in
tent and purpose is to vote With the duly
elected Representatives. OF the People
here present in the election Of Speaker,
and 10 act and participate fully in the or
ganizsiion Of The House BIZ Representa-
tives, as If they we're members thereof.
BY the act Of Congress Of June 25lh,
1912. FOR the apporiior nent of Repre-
sentalives among the several States &C
cording TO the sixth census. = it was enact.
ed ''that 10 every case where a State is
entitled 10 more than one Representative.
the number to which each State shall be
entitled under the superintendent shall be
elected by districts composed Of configu.
Gus territory, equal 10 number TO the
number Of Representatives TO which said
State may be entitled. 90 one district e.
leciipg more than one Representative"
The several States above named have
refused OF failed TO provide bylaw for The
election by districts Of Representatives
from those States respectively TO The 28;h
Congress. each Of them beng entitled to
more than one Representative, and the
people Of those States have failed. there.
fore, TO elect Representatives. by districts, \
as the law Of Congress required.
These facts are notorious. indispensable,
and nndispuied. they are known 10 all
and admitted BY all. Failing 10 elect by
districts, they have failed to elect at all.
for all Legal and Constitutional purposes
They could not elect. because there were
no districts in those States from which to
elect. Election b. general ticket is no
election. No existing and valid law au
tliorized any such election TO be held:
and no election, therefore, has been held
N those States at which Representative
for the 18th Congress could be chosen.
II is understood, neeeriheless, that the
persons above named propose aud intend
10 vote 10 the election for Speaker. on The
ground that they bold returns. or written
certificates or commissions, drawn up 10
regular form, purporting TO be the evil
dence Of their election al Representatives
We hold that any returns they can have.
DO not give them any title whatever.
when they are considered in connection
with the known law Of the land. Al the
same time. it is undoubtedly true :hat. BY
the Parliamentary law. returns or cettif.
Gates in regular form. by authorized func
tionaries. made according 10 law. are in
all cases prima facis evidence OF election,
and conclusive evidence of RICH. to as
sist in organizing the body 10 which per-
sons are thus returned; and ii is under CO.
lor OF this rule Of Parliamentary law, as
We understand, thatithe above named pre-
sumo to call themselves me mbers of this
body.
But as no provision has been made by
law for election by districts in these States
aud no such election in fact, held. how
could any officer or ionctionary in these
States make return of any such eleciion'
AID as these States are pot authorized by
Law to hold an election by general ticket.
or otherwise Than by districts, bow can
any officer or functionaty therein be au-
thoized by law TO make return OF apy
such election : We are not prepared TO
admit that any person from any Of these
States can have 10 his possession any le-
gal documentary proof Of his election as
Tor the 28lh Congress
We are well aware. however. that an at.
tempt. Il now made, by motion OF resolu-
lion,. before the organization ofthe House.
10 exclude these persons from all parIici-
patton ia that act. would be attended
with great embarrassment and great delay.
and with the hazard Of confusion, vio-
Ience .ssnd anarchy 10 this Hall.
We have concluded, therefore, 70 con-
lent ourselves. i'd this stage Of The bust.
ness OF the House, with declaring. 10 this
formal add solemn msnner, our condem-
nation of PROCEEDING on the part OF the4I
persons we have named, which II per-
formed we shall hold 10 be lawless and
ravol.,fsor,rv IN lie rh.rarfer