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To: patlin; Red Steel; rxsid

Lets find it in the Congressional record..at their website we have the link somewhere..in our threads.


96 posted on 03/10/2011 1:45:41 AM PST by bushpilot1
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To: Red Steel; patlin; rxsid

http://lcweb2.loc.gov/cgi-bin/query/r?ammem/hlaw:@field(DOCID+@lit(jc0216))

the link to the records


97 posted on 03/10/2011 1:50:56 AM PST by bushpilot1
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To: bushpilot1; Red Steel; rxsid
Journal of the House of Representatives of the United States, MONDAY, January 28, 1839 Volume 33 pg 397-98

Resolved, That the Committee of Elections be instructed to inquire into the expediency of providing by law—

1st. That the Clerk of the House of Representatives of the Congress of the United States in office on the last day of the last session of any Congress, shall remain in office until the organization of the House of Representatives of the succeeding Congress.
2d. That it shall be the duty of the Clerk to receive and file all certificates of election transmitted by the Executives of the several States.
3d. That it shall be the duty of said Clerk to make a roll of the members who, from such certificates, or, when no certificates are returned, from credentials from the Executive of the State, presented by persons claiming to be members of such Congress, appear to have been elected members of said Congress.
4th. That the said Clerk shall, at twelve o'clock, meridian, on the day appointed for the meeting of such Congress, call the members so enrolled to order, who shall then proceed to elect a Speaker and Clerk for the time being.
5th. Providing for the mode of taking testimony in case of contested elections, and that the same be filed with the Clerk on or before the second Monday of the session.

6th. That said House, when so organized, shall appoint a Committee of Elections, by ballot, or viva voce, as a majority shall determine, to consist of thirteen members, who shall be sworn to be faithful discharge of their duty.
7th. That said committee forthwith proceed to examine and report on all contested elections, and that the persons contesting may be heard before the House by themselves and counsel; and which shall decide thereon without further debate.
8th. That, after the decision of all the cases of contested elections, the House shall proceed to elect a Speaker, Clerk, and other officers of the House for the Congress.
9th. That, if the election of Speaker shall result in the choice of another person, the standing committees shall be appointed anew.

Mr. Heman Allen submitted the following resolution; which was read, and debate arising, it was laid over, under the rule, viz:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of so amending the law on the subject of naturalization, as to exclude those from the privileges of natural-born citizens who are or shall be born of parents who have been removed, or shall remove, from the United States, and have taken or shall take the oath of allegiance to the Government in which they so reside, until such person shall become naturalized like other foreigners, agreeably to the laws that now do or hereafter may exist on that subject.

The Records of the Federal Convention of 1787 [Farrand's Records, Volume 3] CCLXXXVIII. Charles Pinckney in the United States Senate [Annals of Congress, Sixth Congress, 129—139]

March 28, 1800.

It was intended to give your President the command of your forces, the disposal of all the honors and offices of your Government, the management of your foreign concerns, and the revision of your laws. Invested with these important powers, it was easily to be seen that the honor and interest of your Government required he should execute them with firmness and impartiality; that, to do this, he must be independent of the Legislature; that they must have no control over his election; that the only mode to prevent this was to give the exclusive direction to the State Legislatures in the mode of choosing Electors, who should be obliged to vote secretly; and that the vote should be taken in such manner, and on the same day, as to make it impossible for the different States to know who the Electors are for, or for improper domestic, or, what is of much more consequence, foreign influence and gold to interfere; that by doing this the President would really hold his office independent of the Legislature; that instead of being the creature, he would be the man of the people; that he would have to look to them, and to the confidence which he felt his own meritorious actions would inspire, for applause or subsequent appointments....

Knowing that it was the intention of the Constitution to make the President completely independent of the Federal Legislature, I well remember it was the object, as it is at present not only the spirit but the letter of that instrument, to give to Congress no interference in, or control over the election of a President. It is made their duty to count over the votes in a convention of both Houses, and for the President of the Senate to declare who has the majority of the votes of the Electors so transmitted. It never was intended, nor could it have been safe, in the Constitution, to have given to Congress thus assembled in convention, the right to object to any vote, or even to question whether they were constitutionally or properly given. This right of determining on the manner in which the Electors shall vote; the inquiry into the qualifications, and the guards necessary to prevent disqualified or improper men voting, and to insure the votes being legally given, rests and is exclusively vested in the State Legislatures. If it is necessary to have guards against improper elections of Electors, and to institute tribunals to inquire into their qualifications, with the State Legislatures, and with them alone, rests the power to institute them, and they must exercise it. To give to Congress, even when assembled in convention, a right to reject or admit the votes of States, would have been so gross and dangerous an absurdity, as the framers of the Constitution never could have been guilty of. How could they expect, that in deciding on the election of a President, particularly where such election was strongly contested, that party spirit would not prevail, and govern every decision? Did they not know how easy it was to raise objections against the votes of particular elections, and that in determining upon these, it was more than probable, the members would recollect their sides, their favorite candidate, and sometimes their own interests? Or must they not have supposed, that, in putting the ultimate and final decision of the Electors in Congress, who were to decide irrevocably and without appeal, they would render the President their creature, and prevent his assuming and exercising that independence in the performance of his duties upon which the safety and honor of the Government must forever rest?...

The disqualifications against any citizen being an Elector, are very few indeed; they are two. The first, that no officer of the United States shall be an Elector; and the other, that no member of Congress shall. The first, an indispensable one, because every officer of the United States is nominated by the President, and (except Judges) removable at his pleasure. The latter, that no member of Congress shall, is a provision which goes unanswerably to prove the solidity of my objections to this bill, and to show how extremely guarded the Constitution is in preventing the members of Congress from having any agency in the election, except merely in counting the votes.

They well knew, that to give to the members of Congress a right to give votes in this election, or to decide upon them when given, was to destroy the independence of the Executive, and make him the creature of the Legislature. This therefore they have guarded against, and to insure experience and attachment to the country, they have determined that no man who is not a natural born citizen, or citizen at the adoption of the Constitution, of fourteen years residence, and thirty-five years of age, shall be eligible....

102 posted on 03/10/2011 6:48:46 AM PST by patlin (Ignorance is Bliss for those who choose to wear rose colored glasses)
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