Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1843-12-30
PROTEST
Against the admission Of the Members of
Congress, elected by General Ticket
onc,ln In NJ Rr, ,ll,,.I

UtftU Oy LhIs DH ff us
! The roll of Representatives elected to the
2slh Congress having now been called by
the Clerk, according to usage, and quo
rum of members whose right to participate
in the act of organizing the House of Rep.
resentatives is undspuled having appeared
and answered to their names, this body is
about 10 proceed to the high duty of elect
| ing a Speaker--to fill an office which, in
point Of dignity and political consequence,
is hardly second to any known to the Con-
sitution, after that of President of the
United States Before that high duty shall
be entered upon, the undersigned, feeling a
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 judgment, deep and grevous wound.
perhaps 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 manner in which
we have reason to apprehend il may be.
Several persons from the State of New
Hampshire, namely, Edmund Burke, John
p Hale, Moses Norris, jr. and John r.
Reding; several persons, also, from the
State of Georgia, namely. Howell Cobb,
Hugh A. HARRISON. and Absalom Ii. Chap
pell; one person from the State of Missis-
sppi, namely, Jacob Thompson; and seve-
raj persons from the State of Missouri,
namely, James B. Bowlin, James NJ.
| Hughes. John Jameson, Gustavus NJ Bow
err and James ii. Relfe, have been called by
the Clerk, are now in this Hall, and have
answered TO their names in manner to
leave no doubt that their intent and pur-
pose is TO vote with the duly elected Rep
resen,ativcs Of the People here present in
the election of Speaker, and to act and par
ticipaie fully in the organization of the
House of Representatives, as if they were
members thereof.
BY the act of Congress of June 25,
1912, "fnr the appointment of Represen-
talives among the several States according
to the sixth census" it was enacted "that
in every case where State was entitled TO
more than one Representative, the number
TO which each State shall be entitled under
the appnrtionment shall be elected by dis
tricts composed of contiguous territory.
equal in number 10 the number of Repre-.
senlaiives to which said State may be en-
titled, no one district eecling more than one
Representative"
The several States above named have re-
fused or failed TO provide by law for the
! election by districts Of Representatives
from those States respectively to the 2Slh
Congress, each of them being entitled to
more than one Representative, and the PEG.
pie of those States have failed, therefore.
TO elect Representatives by districts, as the
the law of Congress required.
These facts are notorious, indisputable.
and undisputed; they are known TO all, and
admitted by all. Failing TO elect by dis
tricts, they have failed TO elect at all, for all
legal and constitutional purposes. They
could not elect, because there were no dis.
tricts in those States from which TO elect
Election by generaltickel is no election. No
existing and valid law authorized any such
election 10 be held; and no election there
fore, has been he'd in those States at which
Representatives for the 2Slh Congress could
be chosen.
1t is understood, nevertheless, that the
persons above named propose and intend
to vote in the election of Speaker, on the
ground that they hold returns, or written
certificates or commissions, drawn up in
regular form, purporling to he the evidence
of their election as Representatives. We
hold that any returns they have do not give
them any title whatever, when they are
considered in connection with the known
law of the land. At the same time, it is
undoubtedly true that, by the Parliamenta-
ry law, returns or certificates in regular
form, by authorized functionaries, made &C.
cording to law are, in all cases prima facie
evidence of election, and conclusive evil
dence of right to assist in organizing the
body to which persons are thus returned
and il is under the color of this rule of Par.
llamentary law, as we understand, that the
persons above named presume to call them
selves members of this body.
But as no 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 functionary in these
States make return of any such electonl
And as these States are not authorized by
law TO hold an election by general tick.
Ell; or otherwise than by districts, how Car
any officer or funclionary therein be au
Ihorized by law to make a return of any
such election? We are not prepared tc
admit that any person from any of these
States can have in his possession any ega
documentary proof Of his election as Rep
resenative for the 2slh Congress. We are
well aware. however, that an attempt, II
now made, by motion or resolution, before
The organization Of the House, to exclude
those persons from all participation in thai
act, would be attended with great embar
rassmenl and great delay, and with the ha.
znrd of confusion, violence, and anarchy