4 0* "We will cling to the Pillirs of the Temple of our L-bersiesa t i Perfah ssidst ta ass. VOLtIE V.. Ygteefl. Court Uoust, L: C, Ar2, 184. .o48 9. EDGEFIELD ADVERTISER, 33Y W. F. DURISOE, PROPRIETOR. TERMS. Three-Dollars. per annum, if paid it formee-Tliree Dollars and Fifty Cena if ast paid before thd expiration of Sit Months rmii the: date of Sihscription und Four Dollars if not paid within twelta Months; :Subscribers oittof the State art -required to pay in advwrce. No subscription received for less than se yewr, and no paper discontinued until al arrearages are paid. except at the-op tion of the Publisher. All subscription4 will lie continued un less otherwise ordered before the expira tien to'the year. Amy peeon procuring five Subscriberi and bectmning responsible for the same, shall receive the sixth copy gratis. - Advertisements conspicuiously inserted al 621 cents per square, (12- lines, or less,] for the first insertion, and 431 ets. for earli continunUce Those published nonthlly or quarterly will be charged $1 persquare for each insertion. Advertisements not having the number of insertion' niarke on them, will he continued until orderet out, ad charged accordingly. All comtunieations addressed to the Editor, post puid, will lie promptly amI strictly attended to. SPEECH CF 3R. PICKENS. Of South Carolina, in the House of Rep resettatires. Dec. 10, k639-On thes96. ject of the Neto Jersey dispaed.'election. Mr. Pickens presented the followin! resolution. whitch was read, and which he sael, he offered as an ani-nlment to the resolution of his colleague, [3r. Waddy Thotalwon. "Reaulved, That the committee to be raised on the New Jersey election. be con fined to the question whto is entitled to Wie mreturns" of election foer the Tin enty-sixth Cdongress." Air. Pickeassaid he desired to state very simply the lesition he occupaiel. If the House, in its wisdomt. choose tto ratise a se lect committee on this New-Jersey elec tion, lie desired that it should be cmiined t some definite mode f neton, andl to a distinct. quetion stubmitted by ihi4 House. tle desired it should hie continedtia the ques tion, wihoa are eatitled tio the returns tat e lectiotnas membniers frean the State of New Jersey to the Twenty -sixth Cougrress? He concurred in the remarks which had been nde by his colleaguae [Mr. Thomp son] in regard Ito the dhihcult poimtint which the liouse was now placed. le (Mr. Pickens) had understood that the House would be thus involved, nd there fiore he hal vated. agaiit the resolution uf the-gentlenan from* Virginia, [MN1r. Wise.] Ile had voted a.ainst the resolution of Isis colleague L.\lr. Rheit.] ivhich wats adiop ted aethie order of this House. ie (Mr. r.) foresaw, or thotuht lie foresaw. the very diticulty with which they were now about to cintaend; antd lie weutidl here take Occnsion o-ay. that he had voted agamut the resolution of the entleman from Vir ginia, because he [Mr. P.] desired a tliff'er ent;mode of action. lfhe had beent called upon to vote on that resoluviotn on the first, second, or thirl day of the ses-ieon, he would have voted in the affirmative. He did not think, when lie came here, that ite certificate-of the Governor ought to entitle dsle imembuhersa holding.it to, he called, so as a. be en rolled for orwnizaation.. lie ta.,'I so before this discussion had progreosed. He desired that course of proceedimig, sim pily that eiiciency miihi be given to the organizationi of this H-ouse. '1he House huowevcr,ehtose teo pursuea dilreret couerse This was his ope-n sentinment,.and lie lad never disguised it. He thought it wasdue to the country-that it was due to order, that the Hause- should hiave pursumed that course. He thruugha it- was, elie tea thae counatry that that triumpJhfnt party, de nouiinated thie Republaicani pairty, flushed as it was with victory. shotld'have takena that course, lie repenited this was hai sentiment,. anad he bail never chiangedl it. Bum the House thought proper toa take a <4ifleaent course; and it hadau bieen involved slay after day, in srenes which, to stay the ieast, were of very little cretit to the A merican Congress. it was to- aavoid these scenecs that he desireed the courise he had spiaken of shoiu~l e tken-. But the H ouse th.imght paroper to alloew testimony to het brought forward. True, it uns testimo ny, not exactly fortnah., but stuch as enti tle-him,.being ajuidge under mthe Conistitn tion, to decide the simple question whit were entitled to the returns. This was a guestiona made under thme Cons~titution trself, and he contended that this House had a right to decide that qtueation, and coauld- haive decided it the very inst day, ii they hatd thought prpe tie eli 50. Mr. V. here read the following -cease froum the Guan-titutirnr of the U. States: "Etich - House sluhllae thi jutdie of the elections, returns, and goaalificaiutns of itt own -membtlers." It will thtus lie seen (contitnued Mr. P,) that'the Cionstitution-t itself nmakes three distit subjectst upon which this House esaajudgte-und decide, unmtaely. thte-electioma returns, aund qalificationus efits .miembears, I-cotencd thur these are, in their nature, ditnetqueston: You may decide'thata member, returneed by the umajority eof votet isentitled ito -theretturis. and yet yoni mas decids, that he is totally ugnalified tuide'r theCostitutonr. Suppose, foir instanace, .that a majority of votes should return here 'a-mett under mwenty-five yeuw of -age, ot the member: anl I ctiritend that if he held a majority of ,voic at the Polls. he wold be entitled :o be retirted, tout that he would not he qualifiel to take his set. And this illustratec the whole matter, that the questions are itt their w ldle nature distinct mnd separate. - So it was, he saild, a mau may have a majority: at the polls, and yet nay not he ekcted; and so the House mights.decide that a rpin was a member. -and ve't ildi he was -not entitled to the returns. They .are all separate prtesetionts. - Here,.in the development and progress of - this race, we have- seen one notorious fact admitted hig the papers, almtitted lay the -g-nienan frm - New-.Jersey, .when quaestionedl upon this pmti that is to say. that the majority tof the voters of N. Jer sey gave their votes to tither members than those to Aton the certificate of the Gov ernior has been given. The getletn [Mr. Ranlolph) hat, admnitted tihm there were a mnajoritv of votes on the other side, but says they were not legal! Now who has derided that theV were ntt1t legal ? Wnuas it the hewal aihorities f New Jer sey? The Governor, the Clerk. or the jugl.es of electios? I lay down this broad propo.isition, and I challenge gentlemen ta the artitentmn that there ta no.atthority ino ay-Sate offcier to judge antd decide 111upon the legality of vates after they have been depaoa.siied in the hallo box, or receiv ed at the pulls. You may challetge t voter at the polls, and if* challt ittend for gOW cause, histe 'ecannoat the receive I. BIt if yolu go beyond this power, itikould inevitatbly lead to ceiolsiou and -rntd.umnd iransfer the judicial taower of this House to lite icai officers of States. . M.r. 1. P.proceteded. The- proposition I maintaiiied is. that -tinder the clause of the Contitutioin of the United Stttes, which .I have read, we are created sole and ex elusive jndoes of the reitris. I nee the mimgnage of the Constittion. atnd I say that no State atithority can interpose to purge the polls atier -the liallot has beetn deposited, or erer the votes have bPen re ceived. (viva voce, ir yott choo'ue.) ,,,less it he to earry out the local pt.licy ofthae Staites as to qtalifications. There is another clause of the Constitniion. which shows totat the voters 1or this Herioe are intended tea tie eat the sane clas- of voters as those n ho are entitled to. vote for metilbers of the Legisiture. Rut uponi the power tn judge of returns al elections, there can be to cotiirretu jurisdwtiin contneced with these questions, ott the part of any State authouity. withott a palpiable vio lation if the ronstitsntiott. Almit thtt. nod what is the renlt ? And It re I will ohotaerve that, in reflecting uptan this issue. I iave been forcibly struek with tite wis. deo and' philo.%ophy of this tolle istrnt ttent. (holding- up the Constitiutin of the tiiedl States.) But suppose the contra ry dfoctritie te ie true; this lot-ce would he'It the maercv of conflictitg judgments itn the States, as one larty or another might from time to time. hie in the atsendatncv. It is inaeccordaic with the very genit's of the Guovertnmett that this brantch af it ,bauld he indeeaent; antil, in order to mairntain its itilernetilence. it nutist lie the exclusive judge ofthe rerrn. You can not- get over that. plaie atdl palpable pro. viion t the Con-titutini. It is not pre renled lere that anv local atahority is given to* the tnfi'ers of New Jersey ta puorge the polls sifier the vuoie have been deposit el. I didl not understand that question to l'ive been raied; bur, I repeat, it is td Mited- that a rnsnjority of vote were -on the olhr sitde. That being so, I contend that it is fur tis to say %n ho are enatitled to the returts, and thaIt that single question doels not-involve- other questions in regard toa the electiont. I amt taot dispoased to troat witha elit re..pect the ce'rtitirate ofi the G;ov'erttor This Houpese has o right ter piass eenstnre tufeon haim H-e actedl sas a State uaticuer, anud. if lhe dlidlsa n t probatbly act wuit h wacs 'team, still I doc noet deanba that he actedl iun dler a coniscienltionts lcief that he was a tmere mainistrnria~l efficer sif the faiw 'That mtay lie. He maty htave-suppoasedl that lie wns elcing h'is deay. lie gatve the certifi cate uponat the returns mtiade lay the clerks. anad annzonntceed thfat lie coauld no t loaok lhe hindi them. He loiokedl 'ipon hintieif as thte muere mnitsterial register. ande stttpoedi etat his certilien.te was tea tie viewedl itt fhat lighit.ttnd itn thai light easly. linit lother gentlement mtaty b~e eniadea tortrm. nuat nihstandaeing his certificate. Ande my preopasitiont is tis: that there is nao au thority in the State of New Jersey tojjudie oaf the legality of voates; and that, after the votes have been deposited. thoste who re ceived thec majority, are entitled to the re terns.- And that we are made thesale-and exclusive judghes of the legality. I con tentd that there was vaset wisdamr itn this proavisions tf the Contstitttions, atnd thmt the framters intended us top he a co'ordinate braunch eaf thit. Goverett entire'ly irnde pendcent,. aned that titis Heause alene slhonie decide upotn the eleetius. retearns antd eftal ificasionas.of its ntembghers. Without thast parovision, what coomes oaf all outr indep en deuce? 1 cointende that the qitestioni is nouw biefore ns itt a tangibtle shapae. Somte gentlemten say that thte IHouse is tnot constitutiontally oirganiized. I thintk there iascitte coanfuisioan-ocf ideas, here. The *Coanstitantiotn saeys: "Crntgress shualt assernlae at-least once ina every year:tiand sttehl mneetina shall lbe eas the first Meinday in Decetmber, unltess they shaill, hay law, appoint- a. diff'erett day." That (continued Mtr. N).is the (lay ap poisted by the Constitution foir Congeess to assemble. t is composel of members elected by the people aif the States, wh are chosen everj other year under this tintiutional provi sill, anal who are entitled o assemble here as Ihe Consitution directs. The Consti tution then uoes onl to define what shall constitute the Hotse of Representatives. "It leclarea the liHouse or Represeotaivoi hall be composed of members chiser every second )ear by the people of the sev eral States." - It does not say of mtember anid i Speaker. hi t of' memiera chosen b) the people. This con-aiutes a Hoube ol Representatives, in the definition of the Constituion. The esine insarumient de clares .-that the House or Representatives shall eluas.,e their Speaker mid other otli cers." This presupioses the existence ul a House competent at least, to deciale i put its own organizatioan. Can the constitu tional exisienceof the lousme be more clear ly definte-d and dentonvirated? It is chop ping logie upon n ords-lo deny our legal ex tstence. Noz, gentlensen suppose we muI take auouth beftore we can act, judge, or decide. Let its read proviuion. And ii is to he oboservedt that it is a mere general provision. - The Senators andl Representatives he fore mentioned, and the tmembers ofsever al State Legislatures, aud all exe-tative 1andl jidtesil ofticer., he h of the United Stat-s. and of theseveral Staie, shall he bound by oath or atirmaait,. il suppiort the Coit us tia." - Naw, (contitned Mr P.) 1 will ask. does the Constituaun pre. scritic the imie when this oath shall be ta ken? Does it say that it shall be onl the first second, air last day of the session? The law of seventeena hundred anal eighty nine prescribes and authorizes the obliest member tin this floor if dminduister an oath it the Speaker, anal then lirescribes the inule in which the Speaker shall ail .t.iniater it to the iembers. But \1r. P. contented that the Constitution itself hav ing fixed the day of meeting, the loulse of Represeatives are a tbaly an the first .monaday or December. competeni to decide oi quetins fir returts; and, if we shitnk proper, tat go into the whole qatestion 4f election. That however, would lie vastly inexpedient. But on a question f mere qualification