Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-11-13
Jous n. JonysroS. Secrcinry.
COY. rENNINGroN,s OPINION.

| GOV. PENNINGTON'5 OPINION.
Wcpub!lsh this State paper 10 day. which, on ils very
face cvnces perfect consciousness OF the wrong he mas
committed OIL the rights of the people. Not one word
Of vndcaon does lie offer for his failure 10 perform The
duty npera;iycly required Of him by the express letter
of The law and the oath he had tukcn 10 execute 1t,
which, in The present case 10 all IN ALL II Is made lie
Governors duty 10 send eTprcss for TIC returns IN
case The clerk of the county, TO whom The township oil!
GERS Of election commit the returns for Transmission 10
ths Governor, fails 10 perform this otiice Gov Fen
min did not send the express 10 get The uI returns
of al the townships Cumberland and M:ddleseX, which
he knew officially deposited with the clerks OF ihosc
countless and by summing the partial returns Instead
Of the rhOc, directed by the statute he made out,
with his council, false certificate giving The five can
dldatcs The minority, the return 10 which The i've re-
cciviGg the me- orIty are entitled.
To prove how entirely the Governor c'adcs the only
point in question: which his opinion is written under tie
preiemce Of explaining, but which perrsaI OF Will
! show it shuns entirely, we & 80 the words q! The Wv
prescribing The duty Of the several officers in rellton
10 the election returns That the officers Of lhg
| ship election in Mddesex and Cumberland, discharged
their Office in returning within time, the votes ,"en by
them TO the county clerk is not disputed. lie duty oi
the county clerks upon receiving them, as expressed in
the law is 't0 male general lof RI Ike candidates
rated for and returned riNn lme togeheF tciA Tie
Der ri receised for each Of them anil transmit tie
sumo 10 the GOrerROr 1IGitn Scr'a days thercctcr.
Tie whole duty Of the county CLERK Is make up his
package from The returns furnished Elm by The proper
officers. and transmit it To the Governor lie has
upon votes returns but like postmaster is bound 10
send what he receives.
But the law supposcs il possible tina, The subcrn Of
fcer may neglect refuge TO do his duty. And It is too
sensible OF the Importance Of having due return OF all
the sufrages given by the people, where not only the
of the State Govern ncn but that OF the
Union may be mat rally affected by the omission OF 4
single vote TO leave the duty dependent upon petty
county clerk. The law Therefore, IN case ol The failure
OF the clerk transmit the returns received by him from
the officers Of election, cxacs il as "THE DUTY OF
~ n = I'Sss y
TO PROCURE THE SANE At TIE EXPENSE
OF TIE STATE" Aud it further declares the pur.
pose for which the Governor SIequrcd 10 procure every
omitted return "Iy cIPFtss, the expense tthe State,
without limitation TO the amount, 10 the time
necessary feet The object 1t isslaed in the explicit
terms Of the Law, in connection with the first duty Ell
joined on the Governor and Council, VIZ: TO CAST
UP THE WHOLE NUMBER OF VOTES FROM
TIE SEVERAL COUNTIES FOR EACH CAN.
DIDATE, AND TO DETERMINE TIE SIX PER.
SONS WHO HAVE TIE GREATEST NUMBER
OF VOTES FROM THE WHOLE STATE FOR
REPRESENTATIVE IN CONGRESS
II !. manifest that !! the Governor has sent rrPrrSS
10 procure he lrhoc number If rCtcS from tic scrtraL
counties for each candidate, and had cast up tie rh0ie
nHhr 10 dct'ruiHc Mc SIR pcrS0nS Wo lace The greatest
4nnbr # rCies for Tie rk0C State Jdr REPRESENTATIVE IN
Congress- there could rot have been The slightest ground
for The present controversy, for The opinion he has
pronulgat"d and Jet that opinion contains not one word
in relation To the provision Of the law tie violation OF
which ia the only offence imputed TO him; does he
say word justify his orisso to perform the act
so pressed upon hn By portion OF the Prvy Council,
under the authority Of this law. The total silence Of
the Governor to the duty expressly imposed on him
by the law lDd the attempt TO evade the question ii his
own delinquency by basing his defence upon lie delin
qucncy of inferior agents, whose omissions It IS made
his specific duty 10 supply, can only be construed as the
law conS,rueS Tie standing mute {" every one accused
before Jury fihe country. IL is confession. In this
sense the leading Federal journals 10 consider it,
and seek Tie Governor from The conclusion OF
his own paper, by declining lis pub:a,ion.- G'0tc.
OPINION
GcnHcmcn IF tie Priry Council:
The great quo son 10 be considered by the pre-
sent occasion is this What power nave the laws Of
New Jersey conlided 10 the Governor ard Prvy Coun
c in elections for Representatives in the Congress OF
the United States II satisfy minds on
this point, ticrc will remain for alternative but
pursue tic plain path Of duty, marked out by the
law.
The statute provides that The elections shall he held
in the dIc. townships under the inspection Of GER
tain township oiiccrs viz: the assessor, collector
Judge ni election and n clerk, all OF whom are sworn
faithfully TO discharge their respective duties. AZ the
close Of the polls these officers required under their
official oaths 10 certify to The clerk Of the county with
in given time, the number Of votes received in the
township for each candidate. The votes in the several
townships, being thus asceEtaInsd, the clerk Oh The
county who Is also sworn officer is required from
these township returns 10 make up under his cath CT
Office. one general list Of all the candidates voted for
together with the number of woes received for each
and 10 transmit the 10 The Governor within seven
days thereafter. Upon tie receipt Of these lists from
the county clerks the law directs "That the Governor
or person administering the Government Of this State
shall within ye days after receiving the said list lay
the same before priry council 10 be BY him summoned
for that purpose and GCr casting mp The whole number
of from the several counties for each candidate The
said Governor or person administering The GoVcih
ment ard prvy council shall determine the six persons
who have received the greatest number Of Votes from
the whole State for representatives, in Congress oi the
i s. iiom this Stale.
From This act three propositions clear 10 my mind,
90, lei liot Ibe ms lnnt
Gil veil the Governor, and that the action OF The
will not ard cannot determine the question, without
the action OF the other ID That, in determining it,
Mat conne ourselves 10 the lists furnished by the county
clerks and be governed by any other evidence;
and 3D. That. in discharging this duty, we are aching
merely ministerial not judicial o!lccrsour business
is 10 cast UP the votes.
The first or these propositions is plain, that needs
no argument to support IT. and much relieved at
finding that instead Of being only advisers You ere made
equal in authority with me, in this delicate trust and
are called upon share in the responsibility OF action
II will be upon the Sc gnnd and third propositions, II
any where, that difference OF opinion will arise among
us What does the law direct the Governor 10 lay be-
fore tho Privy Courc The snid lists, referring mani
fcstly 10 the lists transmitted by the County Clerks,
which has been mentioned Immediately before. What
are the Governor and Privy Council 10 do with the lists
thus laid before them; They 10 cast up the vcte-
When this is done, what are they TO determine! VINO
are entitled under all the circumstances, to the seats IN
Congress- No; but they are TO determine "the six per-
sons who have the greatest number OF votes No IAN
guage be palmer Was ever intended by our laws
10 make The Governor and his Prvy Council the aIbcrs
of an election There is power conferred on US TO
examine single witness 10 send for persons papers
or to lake ore step towards judicial investigation II
we may 90 behind the of the county clerks, TO
those Of the township officers why should stop there
We may By the authority, and with equal I;ason
undertake 10 examine the proceedings Of those township
officers at the polls. Who has dreamed Of a Go
vernon and Pfivy Council Of New Jersey setting them
sci yes up decide any OF these matters! They al
WAYS have BEEN and from The very words of the act
must be- confined TO The clerks returns and to the duty
of casting up the votes