The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-11

PAID certain Clalulb dItcT tuey Soeh SASseu ~
preceding administrations.
Mr. ViNTON defended the conduct OF the late
Secretary in relation TO the claims, and
MIR. BROWN, of Mississippi, replied to the gen
tleman and had not concluded when the morning
hour expired.
ALABAMA RAILRoAD.
The bill from the Senate granting the right OF
way and donation Of land TO Alabama for railroad
purposes, was taken up; and, after debate, the
question was taken on laying il on the table, and
decided in the negatve-yeas ~, nays l0l 1t was
then referred to the Committee on Public Lands
yeas 80, nays 10.
ABSTRACTION OF PAPERS
Mr.. OTIS, from select committee heretofore ap-
pointed, made the following report, viz:
The select committee appointed under resolu
ton of the House of Representatives to investigate
the charges against the Hon JOSHUA X. GIpDISos,
OF having improperly distracted papers from the
files Of the Post Office Department." with power TO
send for persons and papers, have attended to the
duty assigned them, and ask leave TO report.
The committee have called before them the per-
sons in this city who were supposed to be able to
give information upon the subject referred to in the
resolution, and it appeared from their testimony
that papers relating 10 the appointment and reno
val of the postmaster at Oberlin had been impro
pery distracted from the files of the Post Office De-
partment. Authority was sent to OHIO TO take the
dispositions OF those who had received any OF the alb
stracted papers, and of any others who could give
Information touching this matter These deposi
tons, the minutes Of testimony aud such OF the abb
stracted papers have been returned are herewith
submitted. Neither from the examination OF wit
neases, from the dispositions, were they able TO
ascertain with certainly by whom the papers were
distracted.
The committee are, however, unanimous in the
opinion that there is proof that Mr.. GIDpISos
distracted the papers; that they were transmitted
TO Ohio by him, under his frank, or that he was
in any way concerned with the transaction.
They therefore submit, for the adoption Of the
House, the following resolution:
Res0ioed, That the committee appointed 'to IN
4 ,har att,ct fl,. lon
GIpDISGs, of having improperly distracted papers
from the files of the Post Office Department" be
discharged from the further consideration of the
subject.
The resolution was agreed to.
REPRESENTATIVES, FROM cALIFoRNIA-oUEsTIoN
RAISED THEIR RIGHT TO SEATS.
Mr'BOYD rose to question of privilege. The
representatives from California, Mcssrs. Wright
and Gilbert, he said, were IN attendance, and
wished to be sworn In.
Mr. VENABLE made a question to the right
of these gentlemen 10 take seats. 1t would afford
him great pleasure to be relieved from the consttu-
tional difficulty, and he should be grathed to vote
for their admission, if he con5cientiously could.
The Constitution provides that the times, places,
and manner of holding elections for Senators and
Representatives shall be prescribed in each State by
the Legislature thereof. Now, the facts in the
case are these: the convention met and adopted
constitutions that constitution was submitted to
the people, and on the very day it was submitted,
and before it was adopted, and before government
q
Mr. TOOMBS understood to say that the
right of these gentlemen to take seats perfect
until the contrary should appear, and that the Gre
dentials should be referred TO the Committee OF
Elections.
Mr.. ING Esuggestedto the gentleman from North
Carolina, before he proceeded with his argument,
that the credentials be read.
The Clerk read those of Mr. Edward Gilbert, in
which Governor Burnet certified that the gentle
elected on the 18th of November, lSt9, in
pursuance of the sixth section of the schedule at
tached to the constitution of California. The Gre
dentials of Mr.. Wright were similar
Mr.. STANTON, Of Kentucky, sent to the Clerk
the section Of the schedule referred TO, and it was
read by that officer.
Mr. VENABLE resumed and argued that there
was the most conclusive evidence from their own
commissions and the schedule, that the representa-
tves are not entitled TO seats. They were elected
before there was Legislature, and consequently
the ''tmes, places, and manner" OF holding the
election could not have been prescribed. The cleo
ton took place before the fundamental law was
tablished, and before the people adopted the con
stitution and elected the Legislature, which the
constitution of the United States requires shall pre-
scribe the preliminarcs. The convention further
provided, before the people decided whether they
would have Legislature, that there should be two
members OF Congress. The election OF members oil
the Legislature, the election Of members Of Con-
gross, and the question on adopting the consttu-
ton, were all progressing on the same day.
Mr. STANTON, of Kentucky, referred TO the
constitution of the State of Wisconsin. There was
schedule precisely analogous to that OF California;
and it provided that the fret members OF Congress
should be elected on particular day. True, II
not the same day that constitution was adopt
ed, which the second Monday in March, and
members of Congress were directed TO be elected on
the second Monday in May. lie understood that
the members were elected and admitted to their
seats without the right being questioned. IL Is
which settles the whole question.
Mr. VENABLE. The Representatives Of Wiz
consin thus coming into the House did not estab-
lish precedent. Precedents only be estab
liahed xuh he aubiecta have bpeu examined intD.
and decision il had by the body. As 10 tho con-
sdtution of that State, the people Of Wisconsin bad
passed and adopted il, and It was the fundamcn-
tai law when the election was held. Where the
Constitution Of the United States is clear in its pro-
visions, all precedents must fall, or our bcres are
gone.
MIR. McCLERNASD asked question Of ihe gen
tlcman, in substance, whether the people OF Cali
brnia might not, n source OF power, appoint the
time, manner, and place Of holding the election!
MIR. VENABLE replied, that the Constitution Of
the United States declares that this must be done
by the Legislature of the State, and he moved that
the credentials of Messrs. Gilbert and Wright be
referred TO the Committee of Elections.
MIR. THOMPSON, OF Pennsylvania, rose to
question. IL was, that on the presentation OF the
credentials, about the genuineness Of which there
no doubt, the Speaker was bound ~ swear the
representative lie could not avoid it.
The SPEAKER remarked that there au-
thority for the Chair 10 say who are entitled 10
seats.
Mr.. THOMPSON appealed from the decision Of
the Chair and said that the Speaker the judicial
officer Of the House, and could administer the oath.
No question 20 be asked by the House. II, he
remarked, present myself, with the seal of my
State, can the gentleman from North Carolina, an
advocate Of the Sae-rights doctrine, 10 refer
my credentials 10 the Committee OF Elections, IL
not California much State Pennsylvania;
The credentials are before you, the Representatives
are waiting TO be sworn. The seal is regular
and genuine as that attached 10 the credentials Of
any other gentleman.
Mr.. MORSE said that the matter simple
that mere statement ought to satisfy every man
who has not made up his mind TO do every thing
not only in violation OF usage and statutory law, but
in violation OF the Constitution. The gentleman
from Pennsylvania, who has been honored by being
placed at the head Of the Committee the Judicial
ry, rises and says that you, Mr.. Speaker are the
only one TO Judge who shall be members Of this
Housed
Mr.. THOMPSON ! cannot consent to be thus
misrcprcscntsd said nothing Of the kind; but
that, Prind facie, the Speaker could judge, and
that the House could control him.
Mr.. MORSE. The broad seal, the prind fGcie
evidence, is good unless IL be resisted OF objected
to, when II goes for nothing. Any member can
question the Commences of the SEAL the identity
Of member, and can vote on the question. All
that has been recently witnessed goes to show the