The Arkansas banner., 1844-01-09
THE PROTEST

hitting the Representatives of the nndistrct- ed States to vote, presented by Mir. Barnard, of New Y York
 The roll of Representatives elected to the 2Sth Congress having now been called by the Clerk, according to usage, and a o,or,;;,, of members whose right to participate in the act of organizing the House of Representa- lives is undisputed having appeared and an swered to their names, this body is about to proceed to the high duty of electng Speak er-to fill an office which, in point of digni- ty and political consequence, is hardly se- cond to any known to the Constitution, after that of President of the United States. Be- fore 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 con strained to declare that, in their united and undoubted conviction aud judgment, 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 Speaker shall be conducted in the manner in which we have reason to ap- prehend it 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. Haralson, and Absalom Chappell; one per son from the State of Mississippi, namely, Jacob Thompson; and several persons from the State of Missouri, namely. James M. Bowlin, James M. Hughes, John Jameson, Gustavus M. Bower, and James II. Relic, 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 in- tent 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 organization of the House of Representatives, as if they were members thereof.
 By the act of Congress of June 25, 1S42, for the apportionment of Representatives among the several States according to the sixth census" it was enacted ss that in every case where State is entitled to more than one Representative, the number to which each State shall be entitled under the appor- tionment shall be elected by. districts com posed of contiguous territory, equal in num- Der to the number of Representatives to which said State may be entitled, no one district electing more than one Representatite.o
 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 18th Con- gross, each of them being entitled to more than one Representative, 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, 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 general ticket is no elcction.- No existing and valid law authorized any such election to be held; and no election, therefore, aas been held in these States at which Representatives for the 18th Congress could be chosen.
 It is understood, nevertheless, that the persons above named propose and intend to vote in the election for Speaker, on the ground that they hold returns, or written certificates or commissions, drawn up in re- gnlar form, purporting to be the evidence of their election as Representatives. We hold that any returns they can have do not give them any title whatever, when they are con sidered Tn connexion with the known law of the land At the same time, it is undoubt- edly true that, by the Parliamentary law, re- turns or certificates in regular form, by au- thorized functionaries, made according to law, are, in all casos, prima facie evidence of election, and conclusive evidence of a right to assist in organizing the body to which persons are thus returned; and it is under color of this rule of Parliamentary law. as we understand, taht the persons above named presume to call themselves members of this body.
 But as no provision has been made by
 law for election by districts in the States, and no such election in fact held, how could any officer or functionary in these States make a return of any such elections And as these States are not authorized by law to hold an election by general ticket, or other wise eian by districts, how can any officer or functlonary therein be authorized by law to make return of any such elections? We are not prepared to admit that any person from any of these States can have in his pos session any legal documentary proof of his election as Representative for the 18th Congress. We are we'll aware, however, that an attempt, if now made, by motion or resolution, before the organization of the House, to exclude these persons from all participation in that act, would be attended with great embarrassment and great delay, and with the hazard of confusion, violence and anarchy in this Hall.
 We have concluded, therefore, to content ourselves, in this stage of the business of the House, with declaring, in this formal and solemn manner, our condemnation of pro- ceeding on the part of the persons we have named, which, if performed, we shall hold to be lawless and essentially revolutionary in its character, subversive of the Constitu- ton and of all law and order, and tending directly to the destruction of our free Go- vernment. We declare that we shall regard