Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-12-30

and second districts The certificate therefore, be proper
should be predcaed, terms, OF OF these districts OF
Hamilton county, and not of the county generally Thecer-
cate, then, under this objection void upon its face. 1t
be acknowledged received than would cer
cae by the clerk that the persons named had been
elected representatives from the county of Mddesex any
other county in the State of Massachusetts, The fact is the
certificate predicaed of subectmaer german to the
in which is proposed to be employed and must there
fore be rejected entirely foreign to though
il certificate from Turkish Sultan, declaring bis Grand
Vizier "duly and constutionay elected representative
TO the Legislature Of Ohio from Constantnope and demand
ing that the said Vzer be received and acknowledged
member accordingly. But
Second The certificate given, in violation OF the pro-
visions requiring it persons not entitled to receive it."
Who the persons entitled receive it within the meaning
of the law PROFESSIONALLY those who conformity TO the
law, have been declared duly elected II would be absurd
to suppose that the law contemplated any body else. And
who, in the in hand declared to be duly elected
Spencer and Runan already seem They were therefore
"ened receive the certificate instead Of Pugh and Pierce
| who not declared, and 10 whom it was given
But it is reiterated, notwithstanding all this, " still the
clerk gave it Pugh and PIERCE and refused it TO Spencer
and Runyan." True, but this cannot affect the rights Of
these latter gentlemen On the refusal OF the clerk to deliver
them the certificate, which their being 'procamed duly
elected" gave them the exclusive right to claim, they
simply RENTED the certified abstract in the office Of the
Secretary of State Now, may reasonably suppose this
remission have been least Of the purposes for which
the required that such certified abstract should be
the Office Of the Secretary of State will hardly be
tended that certificate is absolutely necessary to establish
the right Of any person to seat To would be mere
assumption The law certainly does declare the purpose
for which certificate shall be given, what its effect shall
be- We therefore, only conjecture it and conec
tue be as good as another AT any rate proves
thing which the certified abstract does prove, and which
that abstract would prove well withouit Nay more,
the certificate derives all its value from its correspondence with
the abstract, being, if ue founded upon the facts certified
by it. The certificate is ultimately iiable by the abstract
and, unless when tried, is found to be in accordance
with it, it must be rejected as false
But still urged that the claim of Pugh and Pierce upon
their certificate is ony pra acie and how the certi
cate be refused when presented in the process of organza
ton The answer is ready Spencer and Runyan at the
moment Offer their certified abstract Of the votes, with
which coupled The declaration required by law that the par
ties having the highest number of votes duly elected and
this being paramount to the certificate the latter must be
ected when found as it is found this to be variant
from it.
One word the subject of certificate. The law
requires the clerk give it but already ntimaed says
nothing about the of il by the person receiving it. It
may be that Intended to protect member elect in his
constitutional exemption from when his way the
seat of government This is quite likely that it was
intended of introducing him 10 a seat any
rate the law says nothing about either purpose suggested or
any other To be sure, has grown into of usage
present the certificate in the organization Of the House when
the counties called and there being opposition, has
been taken for gand conclusive of what certies. But
when such opposition made, and the fasty of the cerii
cate demonstrated the spot by the exhibition of higher
evidence OF ghtn another person, the certificate must be
ected the usags which ordinarily would sustain must in
this particular instance yield.
The certificates then, having been in the first place pred
Gated OF locality pot known to the law; and, in the next
place. having bee delivered by the clerk persons who
the time Of presiding il asceraned be entitled
receive it Messrs Pugh and Pierce have the pra dcie
right which they 3am and Spencer and Runyan, having
presented the highest possible evidence of their election in the
certified abstract the votes with the proclamation that they
duly elected have that pria Qce right and without
hesitation should e admitted to their seats.
word remains be said of the fifth Of the provisions
above enumerated This provides that if any person chooses
to contest the rgh Of any proclaimed TO be duly elect
ed, be shall give notice, &C. within twenty days, &c.
would here remark that connecting this provision with the
one last discussed the former would be rendered nugaory
unless under the requirement of the latter the certificates
given the fame persons who proclaimed be
duly elected" Now, Pugh and Pierce were not pro-
claimed duly elected their Seats allowed under their
caes could be contested This
an absurdty which clearly shows that Pug and Pierce
not entitled to the certificates. But this by the way.
In the state OF facts before two questions under this
fifth provision:
First In case OF contest which Of the two sets of claim
ants shall be the contesees
Second Is not the time gone by within which contest
at all can he Instituted
As TO the first question, the provision itself answers it.
Spencer and Runyan the persons proclaimed 10 be duly
elected and therefore the and only subjects upon
which contest could be predicaed without making new
and arbitrary law for the OCCASION This is plain for ar
gument and yet the proposition has been put one be
believed or least discussed that Pugh and Pierce having
the certificate, must be the conestees in Of II
is clear enough that the proposition either Of ignorance
wilful perversion. But,
Second Can there be any contest that the period Of
twenty days has passed. and notice been given
qued by the law II quite clear that there be
The right Of contest purely statutory, and admits OF
nothing not definitely declared necessarily implied in the
statute giving IT, Contest them in this case, out Of
the question: and the whole upon what shall lie
the opinion Of the House upon the consutonay Of the ap
poronment law under which the election was held This
question be raised only by resolution and the opinion
upon await the full organization Of the House 10 try it,
Pending the process Of this organization cannot ground
Of doub, that Pugh and Pierce upon their credentials with
out foundation in any form, they have been shown be-
have right seats than the strangers. II
equally certain and free Of doubt that Spencer and Runyap
with their credentials, entitled to seats but referring
the principle with which started in this discussion being
Of conflicting credentials at least in appearance they had
better suspend their claim until perfectly organized House
shall be in power TO decide upon it.
CHARLES HAMMOND.
ExEcurios WILLIAM DANDRIDsE ErEs.-We have
! rneptionad nyacnop On Friday n,ru;ddn