Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-14
TUESDAY, SEPTEMBER 10, 1850.

TUESDAY, SEPTEMBER TO- 1850.
Mr. BOYD to question Of privilege. The Repre-
senatves from the State of California present. and, he
understood, desired to be sworn in
Mr. VENABLE rose to make question as to the right Of
these gentlemen take seats this floor He said that it
would give him very great pleasure to be relieved of the
sttutiona difficulty which he had on this subject and he
should be very much grafed if he could do with propr
ETY., for their admission The constitution provided
that the times places and Of holding elections for
Senators and shall be prescribed in each State
by the Legislature thereof" Now the facts Of the he
had learned them from the very best authority, were these
The California Convention met and adopted constitution
that constitution submitted to the people these gentle
men, the very day twas submitted before the constitution
adopted and before the existence Of any government in
California, elected On account Of these irregularities
he did think these representatives entitled to their seats
Mr.. TOOMBS said that he would make suggestion
He prepared to say the gentleman wrong It
appeared that these gentlemen here with prma face
evidence to take their seats in the House. It struck him
that the had better before the House after their
credentials had been referred the Committee Of Elections
and reported upon. would affect the right of the gen.
temen take their Seats which would be perfect until the
contrary appeared. When the report should come from the
committee the subject would then be properly before the
House
At the suggestion Of Mr. VESABLE the credentials Of the
Representatives read and at the request Of Mr. STAN
TOM Of Kentucky, article Of the schedule attached the
constitution Of California authorizing the election Of Repre-
sentatives, read.
Mr.. vENABLE contcnded that tho House had the most
conclusive evidence from the commissions Of these gentlemen
and the schedule read the table, that they entitled
to seats The constitution Of the United States provided that
che time place. and Of holding the election should be
prescribed by the legislature Of each Stale. The convention
met and adopted constitutions which submitted to the
people, and on the very day submitted before any
vernment was in existence, these elected
The election thus took place before any fundamental law
adopted By the constitution Of the United States States
were to designate the qualifications Of the voters If Congress
sanctioned the admission Of these representatives would in
effect be equivalent to Congress designating the qualifications
Of voters in California. AT the time Of the election Of these
gentlemen there government existence no Iepis
ature in existence in California. The convention which
amed the constitution had been elected under the direction Of
ienesl Riley for the purpose Of forming government Be-
ore the people Of California decided that they would receive
1er constitution they elected these representatives; the
aembes of Congress and the constitution voted for at
De same time He conended that their election was uncon
utional He moved that their credentials be referred to
te Committee of Elections
Mr. ROBINSON did not intend to discuss the cons,u-
final objec ion mooted by the gentleman from North Ca
nina Whatever might have been the merit of his argu-
mt he entitled at least the credit Of having made
u first discovery Of this point for the Government had been
ding for half century, and had admitted States upon
very principle, far the admission Of represent
ayes concerned and this question had been raised
bore He referred to the fact Of the admission Of the Sena
I'd Of California to seats in the Senate, and proceeded to