Below is the OCR text representation for this newspapers page.

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