The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1865-01-27

the preliminary organization oil the Hous2-to
act 10 some extent in the capacity of Speaker
of the House, after twelve o'clock to-day, when
the gavel of the clerk fell, and the term Of the
former Speaker expired.
Now, an extreme case will illustrate prin-
ci9le. Suppose that instead of two members,
a majority Of the members of this House stood
here in the same position as the gentlemen from
Somerset, Bedford and Fulton, would it be said
that the clerk should take the direction of the
balance of the house--iess than a quorum
AS 70 what he should dog Government can new
er die Like the king ii is perpetual; and it
must be perpetual in all its departments. 1t
must be perpetual in this department. There
must be governing power somewhere to de-
termine who are the members before there can
be fopmal organization of the House.
Now, sir, entertaining these views, and of
course without any intention to reflect upon the
clerk of the House, (because this is a new ques
ton, | offer the following resolution
Eesolred, That the chief clerk be directed 10
discharge his duty by entering upon the roll OF
the House Of Representatives the names of the
two gentlemen from the legislative district. com
posed of the counties Of Somerset, Bedford and
Fulton, who, according to the papers in his
hands appear to have the highest number of
votes.
That is the principle of free suffrage.
Mr. PERSHING. (Dem.) MIR. Clerk, it
seems to NE that If precedents are worth any
thing at all in this body this question is clear
q. difficulty. | do out agree with the gentle
man from Warren (Mr. BROWN as to the pow
ers vested in the clerk Of the lasl House. Ii it
is the duty OF the former clerk of the House to
make out roll, and The making out Of that
roll is conclusive az to the P,1uu t,icle right Of
members to their seats, he will have the power
to bring into this body "a majority OF men who
were never electel-who under the Constitu-
tion and laws of the State, wonld have no right
whatever to occupy seats on this floor; whilst
the gentlemen who had received a majority OF
the votes in their districts would be left to
test the seats OF those who are fosted IN by the
clerk, and perhaps by the time that the ri2htful
members would be admitted all the important
! legislation Of the session would be transacted.
/ Now, have always understood that it is Il
( mere matter of custom by which the clerk pre-
sides at the opening Of the session, and until
! the Speaker has been elected. In many LegiS-
latures Of this Union temporary chairman is
lected to preside until the organization OF the
House is completed. Our custom has been diff
T., eat The clerk usually presdes and reads
the etu rns is they are presented to him by the
Secrc, ary of the Commonwealth The Huuse
then p. oce eds TO the election of Speaker and
s,f-ecqe, tly of clerk, because as this House is
constituted It l. as no Speaker or Clerk.
AT the Gun set Of my remarks | sald that if
we are to he suide,3 by precelents this whole
question is cleal OF difficulty. trom the pa
necs upon your De. <, It appears that two gem
ileu,en present have she certificate Of MAJOR
ity Of the return judges OF that legislative dis
trict-that they are the ga!..Y elected members
Uf this House. Two other ( shlieneh present
certificates signed by one return Judge of mat
district. Now, Whatever may De Ihe grounds
upon which the admission OF the gen uemeh VINO
have the certificate OF the majority ol the re-
turn Judges may be objected to, under 'he Con
siitGtiom of The State aud the laws reg va ing
this whole matter, those gentlemen hs We \ pr
nta Iucis right to seats upon this floor. The AT
toTney General of the Commonwealth has &c
cded, believe, that ma jurlty OF the retnrn
judges are competent to decide this whole M /
ter ana that their action is conclusive as to thu
b7lAga jace right Of members TO their seats.-
That, sir, las been the uniform practice in Penn
sylyania. If there has ever been an Instance
in which It has been departed from, Except
one } | am not aware of it. | believe that Ly
the action OF this House, three years ago, gen
t!emen were admitted 10 seats upon this floor,
upon the certificate of minority of the return
Judges. l then protested against that action,
as | now protest against this, as being revolu-
tonary in its nature.
| Now, provision is made under the Constitu-
! ti0n by which all these contested questions are
to be settled, and the law has provided way
| in which every possible allegation as TO the
! RIGHT of a member TO his seat can be properly
settled. / take II, sir, that the gentlemen who
present certificates from majority of the re-
turn judges-ih0Se return judges having dis
charged their duties under the obligations i'm
posed upon them by the laws, they being the
tribunal TO determine in the first place who had
a right to their certifcate-the gentlemen, l
say, presenting certificates of that kind have
right 10 their seats on this floor. The gentle
men who come here with minority certificate,
must proceed to show this House, in the way
appointed by the Constitution and the laws,
that they are entitled to seats. But we cannot,
in this preliminary proceeding, 90 into an In
| vestigation connected with this election. The
returns of the majority must, in the first IN
stance. be conclusive.
Mr.. BROWN Mr Clerk, rise for the
ragpose Of making an alteration in the resolu-
lion which I offered. would strike out the
words discharge his duty by enteri"g and
make il read as follows:
Res9}oel, That the Clerk be instructed to en-
ter upon the rolls Of the House of Represent
atives the names Of the two gentlemen from
the Legislative district composed of the coun-
ties Of Somerset, Bedford and Fulton, who, ac'
cording to the papers in his hands, appear tc
have the highest number of votes.
Mr.. GUERNSEY. [Ab.l Mr. Clerk,
move to amend the resoluti on by substituting
the word returns for the word ''papers."
Mr. PERSHING Mr.. Clerk, | move tC