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KU. S. CONtHESS
[{. COLQUITT’S SPEECH,
■oust: of repkesen r v rivF.s.
Mo\i)av Dkckmikk :)
Tii** House having tinder pnii>i<lf at inn
* apietlof Mr. Vasukkpoki. front the
cision «>(' the Chair tu;.c i g the votes
he counted from New Jc'rs y, tin
nnHiate questions pend.tig bn; as to
miltting Mr. Dl'XcvS to read certain
veutnents —after Several gr itieinen had a
- the House, as hereto fire pablis
I
Mr. COLQUIT !\ of Georgia. sad, a!-
tough he did ltot flatter ntm.l. that, at
ti« advanced at*ge of the debate, he should
tave it in his power to say any thing new
r interestin’. !»<• ::u i concluded that, if
lie process • i t rg.iii-y.atio t must It -re h •
irrestc I. and their time be occupied bv
I peech-makimr, they had as well at least have '
r iriety. Talented gentlemen had time ant)
team addressed this ho ly, and, unless they
had been unfortunate in their positions and
arguments, from their frequent rciter:.t : ons
inf the same sentiments, they certainly, by
[this time, understood their opinions. 1 .
therefore, (said Mr. C.) the House i' not
to be organized, and our time is to It • c
copied iu debate, [ trust that every gentle
man who has not spoken will induct hi n
«*-lt in his seat by making a speech. 1 have a
few remarks to make, which 1 hope will be
received with indulgence. In these remaiks
I have here no party friends to propriate;
I h ive no political enemies to abuse I
stand here untrammelled by tVie bonds »f
party organizati >n—uncontrolled by any
conn deration, s ave such as may best comport
with the credit and respectability of this body
and the honor ol our common country. It
is surely time that same definite step should
be taken. This discussion has continued
■ong enough for the naked purposes of par
ty. An honorable gentlemen has said, mat
ter i» hereto be served up for the People.
1 protest against the continuance of this dis
cussion, at this t ime, for any such purpose ;
and, ifetiough has not been done and said
to excite popular prejudice and satisfy party
management, let gcntlemru resort to their
party presses, whose managers are ever rea
dy, tibie, and willing to be the channels of
communication to the country ; but let it not
be done.it public cost, and at the expense
of our characters as Representatives. It is
a pity that this controversy could not
been settled by th<‘ contending members
from New Jersey among t emselves; they
onght best to know vvh it should be the ulti
mate determination. Not having done so,
and still unwilling to do so. it is to be met
by us- 1 would ask gen letnen, in all can
dor. wlioth- r, iu our present unorganized
condition, we possess any powers, either
legislative, executive, or judicial? Are we
now prepared to pass laws ? No member
sworn, no quorum formed, no House organ
ized? And can you exercise a still mote
solemn and important function of a legisla
tive body, by hearing, judging, and determin
ing questions? Surely not. No tribunal
has vet been organized competent topics
upon the rights of these claimants. Sup
pose that you proceed now with t lie teg i
monv; that you give it a patient and impar
tial hearing—scrutinize the law oftlie ease
—hear attentive! every argument—arrive
at a just conclusion, and then pronounce
your judgment. To what will it all amount ?
Sir, it will amount emphatically to nothing.
You have no power to enforce yntir decisio >
hot by the sword. We have no more light,
in our present situation, to adjudicate this
question titan auy other body ofcitizenswho
might assemble on the Capitol Hill. Why,
then, read the testimony ? Why play «|f
a farce by going through tiie form ol a iri and ’
We h ave not taken the oath under the Con
stitution ; we ate not yet in office, empower
ed to decide judicially. Is it assumed that,
because »ve have been elected in our res
pective States, and have our commissions in
our pockets, therefore we have the right to
decide that our evidence is good is to our el
igibility, while other geutlemen, presenting
the same evidence, we declare to be had ?
The argument ismeposterous—the assump
tion unjust and arbitrary. Present this
question in as many different aspects as you
p ease, and at last, the only sound solution
is by recognizing prlniafac.it all who exhibit
the testimonials ol their .States, utvler the
laws oi their States, tint they are their Rep
resentatives. It had never occurred to the
framers of t lie Constitution that party spirit
would ever lie so excited as to question, be
fore organizing the House, such commis
sion as the Stale should, by law give toils
members. Such certificates of member
ship, in accordance with the laws of the
States respectively, place all who possess
them upon equality. But it is said that it
is proper that such as have then seats con
tested should stand aside until tins
question is determined. This opinion frees
us from none of the diffit tiltins which now
embarrass this meeting. The mere contes
ting a member’s seat cannot, surely, lessen
primn facia the validity d' the commission
which lie has receive I under the latv. The
certificate of the commission which he holds
by the law of his S'ate is certainly valid and
of force under the constitution, until, by le
gal process it shall be vacated or set aside.
And how can this be done until a constitu
tional tribunal shall be organized ! Each
House shall be the judge of ilte elections,
returns and qualifications of its own members.
Put, liv virtue of our elections, and having
assembled at the place appointed for the
meeting of Congress, are we, before taking
the oath of office, constituted judges, wilt
power to vacate and s.-l aside the commis
sions wnich are held by State authority ?-
As well might a judge of one ol'yonr coor's
who had received his appointment, under
take to determine a cause at law before he
had taken the oath of office. I regret to hear
gentlemen, whose professed aentim nts are
in accordance with my own on constitutional
o test ions, and with whom, on many subjects
I have expected to act, advance do- t ines e
qtiallv at variance with precedent and law,
and declare in favor of tearing loose from
their trammels, in order to carry out their
notions of the popular will.
We. must arrive at onr rights by legal
m-ms a id any a-.-.'i ilp'i m or usurpation of
{towar is dangerous and should ie discarded,
altli nigh it may sometimes happen tout we
naffer a temporary lossbv delay. In the case
vi.iw before ns. if "you establish tiie principle
contended for by those who oppose the New
.Jersey- members in inking their seats, the
practical result will be that the next Congress
must recede and abandon the principle, or
t ns ,v !i be the last Congress that will ever
beheld. High excitement may iuduee the
mi rarity party, chagrined and maddened by
defeat, by concert of action, to prepare the
means, concoct the plan, and execute their
purpose of 1 uviug tiie returns of every elec
tion in ih-i Union contested; whether well
fonnde 1 ir capricious, no judgement could
be mu le, for, as the seals ol all would be
e-mtestM. nn judges would be left to decide
mil consequently no House could he form
e i'oe necessity exists ot recogrr-m g
sin :i insmber* as are min id si tied by the >
authorities of ineu 1 elective States, tisprl- 1
marily entitled to ‘heir seats. Organize the
House, and you luve I lien formed a tribunal
com|ietent to collect testimony, examine wit
nesses, and decide such seats as may be con
tested; ind every such judgement and de
cision wnu and It. the law of tii.it particular
• ca c e. and ra iahleot being executed and eu
j forced. I ltd iliese legnlar s'.t-j s are taken
o 10 ly or assent: age of ir* u ran trai a
I 11 ■oibci's t 00l Mission from h. bauds, orde
|ny l.i .1 ii" privileges granted to other-.
t .'kill'n • contest as .it- j u-sr.it. in iv not often
!a. isc. j’lte e | ,and ibv.siou <■: oarlies, cou
i i.ected with li.tr tn"tiibrrs pained or lost by
' me a- -< isioii now to to: made, .mays gonite
i ineii •!.,.» rrir.tr piny h-.n .era. I. ■solving to
iig.it ovt , vcn iu it oi ground \\ !ii !: may
be Iliad.' iva !..l'h'in I l.e eonli As I belong j
lo iiciiuei ol li.e .leal | s tmti divide till-
Hal*, l a. ll prepared to tin eirin-i in . ari viiiv '
out sti'h principles and n mmiiis as i ma.
tlrnk consistent wiii.il e l. v -and the Hon
stitiition. But it i; urged tiiat per nhti ig
gentlemen to take their s ats who. after ex
animation, shall lie lout and 1.1 bate fieeu re
jected by ilie people, may o'.l great injustice
by participating in some o.' ii- most nnpor
taut business. This is true, and against
wiiieti 1 would raise my voi -e, bv wav ol
caution, and beg gentler eti, lor ill ir own
sake, tor tiie sake of the il iuse, and for the
sake ol the party ol which tlifiv are mem
bers, to make no leigncd issue, to exercise
no lecliuii-at uiv.iutage. claim no honors ol
which investigation will strip them, take no i
s' it of which iliey may be ultimately de- j
privt-d io. their mollification and disgrace.— |
No party slioiiul be so anxious for power as !
to t ress the i l iiins ol those who are not the
choice of their constituents, and such advan
tage now would, of necessity lesult toils in
jury in the etui
f his tear of injury from a false step or
improper position is ordinarily ol sufficient
force to prevent hti| n«iti and is all that
is recogntzetijuii'ler our lortn ol’gover invent.
'I he adoption of any otltei principle or or
ganization than tlm reciviug such as were
comniissioned under the authority of law,
would leave us without a guide. The hon
orable gentleman (torn New Vork (Mr. Van
derpoel) insisted upon the propriety of read
ing other testimony of introducing the polls
aod then stopping the inquiry. Ileasser.s
that the clerks held back the returns for
fraudulent purposes, and that the return
givu a majority ol votes to the contesting
members. Examine the position that he oc
cupies, and see the result. We must take
his word that the clerks, the Govcrnoi, and
the commissioned delegates are all ol the
same politics—into this matter we can make,
uo inquiiy. We must take his word that
the clerks fraudulently held back the re
turns in order »o defeat the election of the
contesting members, and no testimony can
be introduced, il any such exists, to show
til it they added to tiie polls after the e <:
lion, th t tit ■ returns were held back for de
aid and benefit ol the contesting members,
i’he gentleman desires to go behind the
commission by producing the poll hook, and
yet granted we could not purge the ballot
boxes. Do t 011 not perceive, sir, that this
system would be unjust ? It we continence
Hie trial we should go through w ith ihc trial;
which, lor the reasons I have already given,
we are incompetent to do in onr present
condition. It die clerks and the Governor
have practised a fraud upon the people, and
by trick auk management have commission
ed delegates against tiieir will, the party,
whose members are thus defeated, may con
sole themselves by knowing that the people
know it. and will speak a language to those
public servants that they will be compelled
to understand. Go on with organizing the
House; let t e constitutional tribunal lie
erected; thenexhit.it the proofs, and if it be
sue!] a case us has been represented, I w ill,
by den, vote and speech, aid in their expul
sion. But shall it be. that, regardless of pre
cedent, regardless ol the Constitution, and
regardless of law, the mere force of num
bers shall march on to the accomplishment
ol their wishes, determine questions impor
tant in their bearing, upo 1 e.r p i ,'e and gar
bled testimony, and by superior three have
i their determination executed? if this be
what is understood by democracy, 1, (or one,
desire to be saved from it. These arc not
the published opinions of the democratic
party ; litis is not t lie lailii they profess to be
lieve. Majorities, in no government, need
any protection; lawsare in their way ; forms,
technicalities, and special pleadings, are but
coh-wcb restraints to the arm of power.
But they afford the only protection to tniuor
ities—tht-ir salcty consists in holding onto
the moral force of the law, in fighting be
hind the bulwarks o! the Constitution, and
shielding themselves by all the fixed princi
ples of Government A majority can move
on to the attainment of its purpose, disre
garding all the little re-tuiinis, and ever and
anon, as in their strides they trample down
the laws and the Constitution, cry out the
People, we are elected Ly the People; we
are the People's fri'nds. It is one of the
reasons why majorities ate usually the most
corrupt—-they substitute their wills for the
law, and scorn the few and feeble, who uroe
barriers to interrupt their success. Honora
ble gentlemen have said tint necessity impo
ses upon nsa law. But are not the prece
dents of the House the results oft! e law of
necessity ever since the formation of the
Government ? And when any body of men
urge the law of necessity as n"rule of action,
they will surely grant that the law ceases
with the necessity. This House is in the
process of organization. What then is ne
cessity fi,r the t oinpletion of this purpose?
No more than simply to examine the crc
deutials presented, and see that they are in
tine form of law; that they have the testi
mony recognized by the laws of tljeii respec
tive States.
The power necessary to organize surely
does not warrant the examination of witness
es anti a mock trial before we, ourselves,
have been sworn. The calling the names
by tlie Clerk, commencing at Maine, was, for
the sake of order, and to prevent contusion.
In point of legal right one State had no pre
ference over another; nor one gentleman a
greater right to demaud tiiat lie should first
be sworn than another. It is true that in
the rush to the clerk’sdesk for qualifications,
stronger competitors miglit crowd me from
tlm aisle- -some man, more muscular than
myself, might trample me down; but none
would have the right, by virtue of his com
mission, to stiv, stand back ; I am worthier
than thou. But in whatever condition as to
position I might be found, I could holdup
'i>- commission—the authority ot my State,
and none could dare deny but my authority
was as valid as his. It has been said that the
certificate of election under the authorities
of the State is not primn facie evidence of
election, h it that “we must go to the polls.”
If this doctrine be recognized as true, how
many gentlemen can exhibit primafacie evi
dence that they are entitled to occupy seats
an tliis floor? Sir, have you the polls?
Have you? or you ? Who has the ballot
i.ixe.s in hi-pocket ? None; and yet to suit
■ New .1- py v ase it is insisted that this
o' ■ facie cv id lice. The Govern
arm N w Jersey lias been abused. And
tv ! Because lie has felt hitnsel f con
tanuev; to carry out the law of ins State.
As to tiie faets in this case I am not yet in-,
formed, nor do i intend to be until I am con
stituted ajudge under the law. It is ex
tremely indelicate, if not unjust, for those
before wnoin a case is 10 be tried, i*> prejudge
it* merits, and approve or condemn before
hearing all the prools. Tiie Governor may
strictly have discharged his duty under tiie
■ law, notwithstanding the contesting mem
bers may have received a majority of the
votes polled at the election. 1 will mention
a case that nccuried under tiie laws of the
Stale ot Georgia; and 1 mention it, because
11 lose gentlemen who are inclined to speak
iiar-hly ot tiie Governor of New Jersev, will
not, dare not, qucstiou either the ability or
integrity of him who tilled the Executive
» i-Hair at the time of its occurrence. The
I lion, .loon Forsyth was the Governor of
•• Jeorgi 1. \\ iii'ii. among others, George R. I
>* liner wise:. . >e.| a member of Congress, j
10 doubt ex'ste.l as 10 ins election; it was'
officially prnciai el; <i:d yet, by the law oft
Georgia, it w 'icressary that the member
elect shoiiitl siguuy his acceptance within
—— da>Mr. Gttm T was ab-eut from tiie
Sta.e, end. deeming »iijs requisition a inpre
.11 itt *-e ot lorm. neglected to enmply. Tiie
Governor, in mirsirince of the law, declared
tlie seat vacant and■ r lereil anew election.
1 Ins House was nut troubled wirh a contest;
anew election look place, when Col. Henry
G. Lam was elected. The Governor, ow
ing bis allegiance to his State, and sworn to
execute In r laws, in the discharge of bis
duty, may thwart the wishes of paruzniis and
excite tiieir ire, when be innsi receive the
approbation of tlie calm and reflecting. I
repeat, sir, that, first of al 1 , let the House he
j organized in ihe usual way; then ferret out
and expose fraud, if it exists. And should if
[ turn out that the Governor of tiie State of
New Jersey has loaned his high trust to ef
fect the diity work of party, and prostituted
hts office to accomplish selfish purposes, the
’ decision that we make and the verdict tiiat
I we render, will tell out, in language tiiat
shall burn, our feelings of contempt and in
dignation.
SPEECH OF MIL ISBE
Mr. NTSBET. of Georgia .id that
importance oftlie principles i volved m •
debate was his apology for the remarks
was about to present to (ne
of the House. In the unorganized state of
the body, (said Mr. N ) it appears to be n
- that those who address yon, Mr.
Chairman, should exhibit unquestioned an
thoritv to speak, lain one of the delegation
from Georgia, sir. I mention this fact, not
because I claim for my State auv paramount
excellence, but because lam solicitous that
she should declare here the position she
occupies. Strangers as a.e most ot her mem
bets in this Ilall, it would seem well enough
that she be announce. I speak, (Pen, by
authority of one of the sovereign States of
the Confederacy. I exhibit to you, sir, as
my colleague did a few days since, the ev
idence of her will. I lull lin my hand the
commission of her Governor, witii the great
seal of State appended. That seals speaks
of her sovereignty—it announces me one of
her Representatives. Upon its lace is the
escutcheon of the State. Her motto is
Wisdom Justice, and Moderation. Ad
although what I may say, sir, may not be
stamped with much of wisdom, yet 1 trust
it will be characterized hy justice and mod
eration.
An honorable gentleman asked, the oth
er day, “Where will the State of Georgia
stand upon this question?” He was pleas
ed to say the magnanimous State of Georgia.
He made tbe inquiry with pride, as I thought
in the character of the State. lam sure
1 felt an honest pride in hearing my noble
Stale thus designated. The inquiry, sir,
thrilled through my spirit. 1 will tell you
sir.; I will tell the gentleman froui Mary
land where she stands. She stands where
her State rights politicians have planted her
in tunes gone by—she stands upon the ram
parts of the Consri ution. She stands where
she stood when you, sir, administered the
Feder 1 Government; when her own great
Troup resisted successfully Federal bayon
ets bristling upon her borders, and Federal
usurpation assailing benights. Shestands
where she stood when one of Iter most elo
quent sons, now a high officer in tiie Gov
ernment, announced upon this floor that
“he was ready for trial.” She stauds now,
and I trust will ever stand, tiie defender of
the rights of (he States guarantied to them
under 1 lie Federal Constitution.
i’assing over the merely incidental ques
tion now more immediately befoie the House
1 shall proceed to consider those points of
controversy which have been so much can
vassed. From the State of New Jersey,
then, it lias been announced to us by tiie
Clerk that there are two sets of applicants
for the right and honor of representing Iter
in the Congress oftlie United States. Ten
claimants for fiveseats in this Hall. Both
of these contending New Jersev delegations
have laid upon the table of the Clerk evi
dence of elections. One of them exhibit
the commission of the Governorof New Jer
sey, under tiie seal of the States; the oth
er has evidence, which has not been read,
but which, we are told, establishes the (act
that they did receive tiie majority of votes
(lolled by the freemen id New Jersey. Tins
state of facts, sir, involves, to my mind, two
inquiries.
First, what is the legal and constitution
al rule by which, in tlris stage of the House,
the rights ot ilmse conflicting claimants to
the honor of representingNew Jersey shall
be determined ?
Second, what is the mode of action to be
adopted in making tiiat rule operative?—
Upon an inquiry made of you, sir, the oth
er day, you, as Chairman of this body, de
termined tiiat those delegates from New Jer
sey. holding, tiie evidences of election ac
cording to the Constitution of t lie - Uuited
States and the laws of New Jersey, should
vote upon a question then depending. You
thus pronounced a rule by winch not only
the right of the claimants to seats in this Hall
should be ascertained ; but also one by which
this House should regulate its action. J
agree with you, sir, that this is the only
safe rule. The proposition is true—legal
ly constitution illy true, and is in accordance
witii the principles of Government which I
have been taught to honor and revere. In
the mode of applying this rule 1 shall differ
with you. The Constitution of the Union
is in this case paramount, authoritative, and
commanding; it speaks iu the voice of in
junction. By tiiat instrument it is provi
ded that tiie States shall by law prescribe
the time, place, and manner ot holding elec
tions for members of the Congress of the
United States, it also provides fora pow
er in the Congress ol the United States to
alter by its own legislation the time, place,
and manner of electing Representatives.
And in all cases where the laws of a State
prescribing the time, place, and manner of
electing her Representatives have not been
repealed by Congiess, those laws are as
obligatory upon all the departments of tiie
Suite and Federal Governments as the Con
stitution itsell. By tailing to exercise tiie
repealing power, Congress and the Consti
tution Uo actually confirm, adopt, ami rati-I
fy those laws. The right of the State to ;
enact them 3nd to h ive them enforced be
comes thus as perfect as any oilier right
secured to her by constitutional grant or
prohibition'. The rigtu ..| selecting her own
Representatives and tiiat. too, in liei own
way, is a sovereign right, which you, sir, and
1 and all otliers are Ix.-uu J by all the sanc
tions ol the Federal compact to respect. ;
You will observe, si", that the Slates are i
clothed with power to determine th e manner :
of electing. The manner of electing, sir, ;
must mean the form ot certifying ami coir- !
missioning the elect when the polls are closed
as well as other things. If, then, the laws
I of New Jersey do declare that the result of
j her Congressional elections shall be dcclar
| ed, published, and ascertained by the coin-
mission of tier Governor, under the great
seal ot the Slate, such commission, so au
thenticated. is as obligatory upon 11s, upon
all, as any provision whatever of the Feder
al Constitution. It, therefore, follows to
my iniii'l demonsiratty true, that you were
right when you announced to the House
! tiiat those who have the evidence of elec
l ti.n according to the Constitution and laws
! ot Xe« J< i ey are emitted to sit and > 1 •
upon this floor until the House is Iu
canizcd. and tiie equity of the polls .V
Jersey have been ascertained by the (Join
miitee ol 1 he House.
But, Mr. Chairman, this rule being con
ceded, there must he some plan of action
*'V winch it m iv hi come practically availa
ble ; utliei wise, it is but an idaal abstrac
tion—;i naiiii* wjj-iouf puwpr—n judgment
without prmess ur :i ministerial agent.
We are not men, sir spell bound with con
sritutional fntalicisti’s. We are practical
men. Our system ot government is emin
ently pry fical ; its provisions are designed
tor use—not tor admiration—for deification.
Ihe system must work, and thus far, sir,
in the main it has worked well. It was
contended in the outset of this debate that
the Clerk, tiie tlieti agent, was bound to res
pect the Governor’s commission, and pto
ceed at once to tlie call of those men who
held it. So thought I. But it will not sure
ly be asserted that he had then the power
ol authori'ative control over this matte.-,
and that there was no power in the Ho se
to object tot' e judgment he might prim
ounce. \ on, sir, it seems to me, occupy
to the House the same relative position
tiiat tiie Clerk occupied before yotir nom
ination to tbe chair. \ou are both but the
mere .agents of the body who chose to use
you, acting only by derived authority—hav
ing in yourselves, by virtue of your appoint
ments, no inherent or legal ability to deter
inlue coti' lu- ively any thing. Would it be
contended for a moment that the agent lias
a power greater than his principal—that,
sitting as you do in the very presence of
those who appointed you, you can bind
them irreversibly by your determinations ?
Surely not. Th" Clerk did make a decis
ion, or rather he dec lined to call auy of the
claimants from New Jersey—thus in fact re
jecting the whole.
It was said tiiat he was hound imperious
ly, by his oath of office by the Constitution
and laws, to proceed with the call ot the Jer
sey Whigs He thought diff rently, ami
up orith tha' ought he acted. What, then, sir,
was to lie done? Stand still? \\ r e did
stand still, anil rather ignominious') - still.
We presented a strange spectacle—the vast
machinery ol Government of this great cm
pire blocked by the decision of an anomal
ous officer, for whom no powers have been
claimed but those merely ministerial. Was
not this the time at which the voice of the
Constitution became but a creature of the
, mind ? Accordingtu the opinion of those
! who deny to the House the power of acting.
; were not tim Constitution and laws then
’ silent—no' in arms, but in peace silent ?
The Clerk refused even to put a vote, and
hy this refusal all the departments of the
Government were at rest, for there is in lact
no Government whilst a co-ordinate depnt
ment denies to itself eve" the power of pre
liminary organization. So, sir, you deter
mined that those wko held the Governor’s
commissions, should vote. Was your de
cision imperarvely controlling ? Yon pro
nounce l, as I believe, a constitutional truth.
But, sir, under, yout decision, yon your
self, with a (lower above and bevond the
House, pronounced judgement under the
Constitution and laws; or you clothed
your tellers, upon a division of the House,
with authority to determine who did in fact
hold the evidence of election from New Jer
sey. From your decision an appeal was
taken, and the House, as 1 believe rightful
ly. took this matter into its own hands.
But the power to determine at all in th'
case before ns is denied. It is asserteo
that no man has a right to question here
the commission of the Governor of a sover
itjn State given in conformity with her laws.
Sir, 1 admit the latter proposition, but ! con
tend that there must rest somewhere a pow
er to judge and determine who does, in fact,
hold the commission of Jersey's Governor,
given in conformity with Jersey's laws. A d
I hold that those who present themselves
here as the uncontested Representatives of
the States are clothed with that power; and
that so far as this election is concerned, this
is the only power with which they are cloth
ed. This is the tribunal to judge of that one
fact—to declare and record its judgment,
and, when pronounced, the judgment” is fi
nal. What, sir if the tribunal determine
wrongfully ? Suppose -t does not pronounce
in favor of right and law ? Why. sir, those
who thus wrongfully determine—who in
fract the Constitution, and disfranchise a
severeign State, are amenable to conscience,
to God, to tiie Union, and to mankind.
Such, sir., I understood your opinion to be
the other day, when you so earnestly ex
horted the House to organize. Such seems
to hive been your opinion, when, at the last
session of Congress, you offerr 1 a resolu
tion to meet the contingency which has now
•-•curred. This opiuion came to us with
the sanction of your great age and great
character. \on spake as one having au
thority. It is the opinion of me. around
whose venerable head cluster thickly the
laurels of politics and of literature. For
one, l belipved the opinion correct.
1 do not claim for the House in its inor
ganic state plenary powers over this con
tested election. It cannot go behind the
evidence upon your table. It cannnot purge
the New Jersey polls. When organized,
by the Constitution it is made the judge of
the elections, returns, and qualifications of
its own members. Then, sir, it can sift the
polls, rectify all mistakes, and enforce, in
fact, the voice of the voting (lower. This
has been demonstra'.ad by seveiat gentlemen,
but by none with more conclusive force
than b> my friend and colleague (.Mr. Coop
er ) Who are we? The Representatives
of the People, elected under the Constitu
tion ofthe Union and the laws of the State
from whence we come. By State and con
stitutional mandate we are here. and. when
our rights to seats are not qiiesftoned. we
are, in truth, the House of R apresentaiives
clothed . ith all powers necessary to full
and final organization. Tiie Constitution
declares that the House of Representa'ives
shall be composed of members elected by . he
several States, &c. Aud, by constitutional
presumption, we are elected when no one
questions it. Think you that the Constitu
tion, or, r; llier. its framers, contemplated
for one moment tiie assemblage of a mob,
claiming to be the 110 ise ol Representatives ?
No mare so than it contemplated auy other
act of rebellion or of usurpation. The
Constitution further provides that the Con
gress shall assemble. Arc. Its language is
mandatory. Its command is 10 assemble,
and ex ti termini lo organize. How assem
ble as anerganized body ? No, lor that is
|an impracticability. Thai would be to as
sume. most absurdly, that to be done, which
we are commanded to assemble for the pur-
I pose of doing. In all the sessions of both
Houses if Congress there is a point of time
; intervening between tiie assembling and
i the organizing of the body. That is the
! time being. There is also a state of poli
tical being, in winch we live and are v*tal
! for certain purposes, but are still the inor
. ganic embryo of full maturity. Such is our
present state. In this state we must pro
ceed to throw off our chrysalis attributes.
Otherwise we are doomed to perpetual em
hryo—else we shall remain forever incho
ate, and shall continue throughout all time
m transitu. The truth is. sir, disguise it as
we may, unless we have the power of organ
ization, the Government is dissolved. One
of the thingsto be done, and which is ne
emsary to organization, is to determine who,
in case ot conflicting claims, are entitled t j
sit ; or, in other words, who, iri fact, have
the highest and best primafacie evidence of
being elected, according to the Constitution
and laws of the State from which they come.
Do you not perceive, sir. inasmuch as we
can do nothing—can discharge none of onr
appropriate duties until organization— that,
therefore, we are necessarily clothed .with
power, to organize ? It seems to follow as
a matter of course. The law being silent as
to the manner of organization, we are left to
take such course as enlightened reason,
drawing her conclusion from the Constitu
tion by necessary inference, may suggest.
W e are not yet a House tor the usual and
great objects ot onr assembling. We can
receive no Message from the Executive.
We can hold no intercourse with tiie Sen
ate. We can organize 110 com nittees, and
cannot periorm a single act of legislation.
At the thresl I stands the obligation to
organize. \\ e 111 list do so by electing an
officer described in the Constitution as
Speaker. We dare not, sir, deprive the
State of New Jersey of her right, co equal
with that of Georgia, or auy other State,
to vote in the election of that officer. We
have no power thus to disfranchise her.
Hence, before that officer is elected, we must
determine lirat somebody does in fact, lor
tiie time being, represent her. From the
State of Pennsylvania. I understand, there
are two gentlemen claiming seats in this
Hall, both bringing with them the commis
sion of a Governor of that Suite, under, her
great seal. This is a case not offancy, but
of fact. Upon tiiis case we shall be com
pelled to act. and that too before the House
is organized. Upon the assumption of gen
tlemen, that no vote no act can be had by
us, when the commission nt a Governor with
the seal of the State appended is presented,
both these gentlemen most come iu. It is
a requirement oftlie Constitution, say thev.
Now the Cons itution in ihe case put com
mands as much in favor ot the one as the
other es these gentlemen What shall be
doue ? Exclude both ? No, for then the
key stone ofthe arch is dis'ranchiseii. Ad
mit both ? No, for then that great State
will have one more Representative than the
Constitution gives her. The alternative left
is for the members present, constituting a
quorum of the whole House, whose seats
are uncontested, to determine which ofthese
commissions ar.d which of their seats is, iu
truth, according to the laws of Pennsylvania.
\V hat I demand is, that the very same de
termination be made in relation to the con
tested seats ot the New Jersey delegation.
Which, sir, of these claimants, has the evi
dence, primn facie in its character of el.-<
tion? This is the only inquiry which we
have now, the power to make, and that we
have this power 1 have endeavored to show.
The most plausible objection which 1
have heard made to this view oftlie subject
is. that it w ll always be in tbe power of par
ties, by capricious objections to tiie seats of
a quorum ofthe whole House, to prevent
its organization. It lias, sir, more ofspeci
opsness than of force. In answer, 1 sav,
that an extreme possibility is no well-foun
ded objection to arty course of reasoning.
The supposition present a case when the
Government would be in the act of revolu
tion. Against such a possibility neither
' law, constitutions, nor religion, can wholly
guard. Tiie case might occur; so also,
then, mieht arise a Cromwell in our mills',
to dissolve the Congress of the Union by
military force. But tiiat such a case will oc
cur, both the restraints of law—the moral
sense of the People ; the love of liberty, the
strongest passion of the American People ;
and tiie holy sanctions of Christianity, do.
and will, I trus\ through the ages that ave
to come, forbid.
I’lien, sir, the moil« of action is for this
Mouse to declare and register the judgment
of the Constitution and the law. When
pronounced, it needs no furlh"r enforce
ment. It stands self-executed. For who
shall deny—who modify, who reverse it 1
Upon this House falls the stern mandate of
the Constitution. Uoon this House falls
the soverign requirement of New Jersey.
Upon this House .Stale-rights principles
make their equitable requisitions Is the
Constitution mandatory to you, sir, to admit
the Whig delegation from New Jersey ? So
is it to the House. Are its requirements
( obligatory, according tathe reasoning of the
gentleman, upon the Clerk ? So are they
upon the House. And, whilst I maintain
the positions here assumed. 1 at the same
time assert and enforce the principles which
tny colleagues and others have promulga
ted.
Mr. Chairman, whilst I [assert the t ight
of New Jersey to he heard hv her vote in
this House, I do not mean to be understood
as admitting that either set of applicants can
vote in their own case. This is the only
question upon which New Jersey cannot be
heard. To me, common sense, which is
an instinct of our nature, denies to all per
sons the privilege of voting in a case where
their personal or representative rights a- e
concerned. The question is as to uje rp-ht
of A and Bto vote. And doesitnor involve
an absurdity upon that question to permit
A ;,n, I » lo vote, and thus adjudicate their
ow n privileges ? It su.iely does.
1 lie rules ol the House which we have
adopted, and a'., parliamentary usage, so far
as lam informed, exclude them. It mat
ters not Viiat they present themselves in a
representative character, for it is their right
as such that are to be determined.
Much. sir. has been said in this debate a
bout the sovereign rights of the People.
It is claimed that the will of the people of
New Jersey shall prevail. Yes, sir, let it
pie vail. How prevail? 'Phrough the agen
cy of the organic law-—and here no other
wise. They have spoken through no wthei
voice. They have not spoken in their pri |
mary elementary character. Th»y have j
held no convenrion. I listen but I hear not
the ra:thng UiunJers ol jwpular sovereignty.
The Jews of old heard the artillerv whi ch
pealed around the summit of Sinai, and the
sound of a trumpet waxing louder and lou
der; but in all this they heard not the God
head, it spake in the still small voic e.
So, sir. it is only in the «mall r
yet clear aud steady voice of the law, th: t I
can hear upon tins floor the speaking of
New Jersey. 'i he origioual forms of gov
ernment do express the popular will; the
People have made them • heir organs. The
laws of the State and the Constitution of
the Union tire the restraints which tiie Peo
ple themselves have placed upon their ele
mentary sovereignty, and are so to be re
spected until they are repealed or modified.
I do not assert that the areat seal of New
Jersey is tire depository of her sovereignty—-
: that the acts of her Governor make him
. sovereign— but these acts and that seal are
] the evidence and the expression ofthe sove
reign will. Suppose, sir, that he who, with
unsurpassed ability, represents in the Senate
ot th" L nited Stales the descendants ot your
own heroic ancestry, should there exhibit
the authoratative seal of Massachusetts
and the commission of her Governor, who
would there venture to assert that he came
not in the name Isa sovereign Slate l Or,
it lie who in that body represents alike the
genius, and virtue, and sovereignty of Car
olina should at her bar exhibit the seal of
I that State, “a'ways prepaired, in tniiui and
. means,” adorned with its chevalric palmet-
J to blazonry, would there be one there so
j bold as to deity him enterance? So not
j one here, 1 trust, will deny those delegates
having the highest et idence to cuter and sit
as the Representatives -1 New Jersev.
Mr. Chairman, 1 am unlike the distin
j guished gentleman from South Carolina,
who addressed you the other day, born in -
j sensible to fear. I fear many things. 1
fear to do wrong; not ] do not fear the
trommels of party, or the vengeance ofthe
popular will. In the discharge of duty, the
People will scarcely hold me a fit subject for
their wrath. Should fhi« House tail to ac
cord seats to t!,e rcguhirly authou'icate 1
members from N-■ a Jersey, there will have
occurred a case of uullifieation reversed.'l hi-s
It: s been held a remedy for tiie States n
gains; tiie Government, but if -.ve abrogate
the Lius of New Jersey, then does noliifio.t
tion appear iu its most odious fottn. She
will then start, in her fora vs main the Con
stitution, flout tiie citadel of the ettetnv : and
an unorganized branch of me Congress of
tiie United States, itself hut a eo ordinate
department ofthe Government, will have ab
rogated, in the House of the People, the
laws enacted by the People.
1 could but remark, Mr. Chairman, when
you addressed its on vestrrdav. low studi
ously you avoided recognising the Suites in
■heir sovereign character—insisting on tint
rights of the People. Aud I thought that
com ray to the law uhch obtains bo; It in tun,
rais aud in physics, extremes had for ont o
nte* ; and tha! the uatiuuali.-m 01 your dov
was much the saute wall the democratic
dogmas of this.
Pork in Kentucky.-—’l he accounts linn
the West ail Concur in stating that li e
pot k market is very much deptessed, nod
that the number ol hogs, except in portion*
of Kentucky, wt'i be very great, and rite
quality very line. The Louisville Journal
states that the price of pork in that mask-t
is not yet fixed, and says; "The holders of
hoga and the dcalets are at variance, ami
the former must yffidd before much tan be
done. Dealers offer 50 gross, and the
farmers generally will not listen to less than
§3 gross or ?t n<*tt. If they cannot get this
(trice, they seem re-olved to put op in ba
con, and if so. bacon will be as low as could
be desired next s; ring. Some lots of su
perior hogs have been purchased at gross,
and this price is still offered on time At
•$*J 515 purchasers for t a*h could readilv bo
found. By the last advices from the hog
markets in Indiana and Illinois, it appeam
that pork was held at $3 omr—>g 50 offered.
It is said that the stock ol hogs’in Kentnckv,
this year, is mm lt smaller thaiiof tiro
last year.”—.V at. lot.
Jim led Tjore Jcalouss/. —The follow mg
exquisitely beautiful piece of (It scription. is
from the pen of Mr. N. P. Willis. Wedo
not know that it has en.i before been pub
lished:— K.c paper.
“I have lead of one in story, who had
laid his young love in the grave. Tmr
seasons came ami went, and he found a *< da
ily in nature's going on. And a sweet cou
sin's voice >ba tempted him into the sun
shine of their air, became the music of -hit*
happiness. One morn sue **;.s awake, ami
gazed on his features, aud the moon slim e
brtghtiy through the casement on them, a
large tear stole from his eve, and in the low
mm ti»nr of his dream, site caught the name
of the departed. He. awoke- and she re
proached him tearfully with love kept se
crets in hts heart; and then he kissed her
teats a wav, and toltl her that his love was
faithful to her own --although to rliearns
sometimes an angel came to him, and a_
woke a bn tied thought of one as beautiful.’ *
An independent man is one who blacks
his own shot s and boots, who can live w ith
out whiskey and tobacco, and shave hi ru
se!! with brown soap and cold water with
out a mirror, says a contemporary.
A great man is one who can make hi? chil
dren obey him when, they ate out of his
sight.
A hospitable man is never ashamed of his
dinner when you come tir dine with him.
A good wife exhibits her love for her hus
band by trying to promote his welfare, and
by administering to his comfort.
A poor wife “dears” and my “loves” her
husband, and wouldn't sew a button to his
coat to keep him from freezing.
A sensible wife looks lor her ec.i jv n cct
at home—a silly one abroad.
A wise girl would v\ u y loverby
ing those virtues w 'uich secure admiratitoa
when personal charms have faded.
A *•” pit* girl endeavors to recommend
herself *jy tiie exhibition ot frivolous acc cro
phshuicjiTs, and a mawkish sent tin&ai. wh icl*
!S as shallow as her mind.
A good girl always res ports herself, and
therefore always possesses the respect oi
others— Boston Post.
-I fool Reason. —A mau being called u»
for discretion lo evening lectures, at a
elm ch- -declined paying—cause why —wile
gave ini evening itelurcs at It ottte, tvciy
night -gratuitously.
NOTICE.
IOST or Misla it! seme ten or fifteen
.and days since, a note of hand for One
Hundred dollars ..ated 2d A|til IF3P,
made by Rood & Seymour, payable 10
®. T. Shepherd or beater, die Twelve
Months alter date. We hereby »■ v ain ail
persons front buying < r tiadirt *< t •! 6
same, without our hn < v. . tfi e at• v-r-» t.t*
A. K. Kill ti C v
Decemlter 13, 1339 Jt