The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1839-12-26

! crErl nom the tcF.s 81 any OF lle counties OF
lii. Stare by the Governor, Or person admins
t"nng tie Government within seven days Of the
time prescribed by law for the casting up the
votes, making list thereof and certifying the
same, Ly the clerks Of the respective counties in
THIS state, u shall be the duty Of the Governor
forthwith 20 send express 10 the clerks OF the
county or counties from which such certified lists
of votes have not been received, and TO procure
the same al tie expense OF the State
4 Upon this provision, 1t is contended, lst,
that the Governor was absolutely bound to
send express 70 tie Clerks Of MlddIesex aud
Cumberland for supplementary lists Of votes
by them excluded Of the existence Of which
votes, and OF the fact Of their exclusion from
the general list Transmitted from these coun.
ties, the Governor was apprizad by out
door testimony and 2dly, that he should
have waited for such supplementary lists
before proceeding With his Pnvy Council
to cast up the whole number Of votes.
This proposition il viii be seen, proceeds
upon grounds wholly untenable.
In the first place, it assumes the exist.
ence Of the contingency in which the Gov
ernor is required TO send express to the
Clerks. But the las distinctly limbs that
duty 10 the case of uny Clerk not haUiag
transmitted shis general last. Here the
Clerkssf AL the counties had transmitted
their list. OF course, the contingency con.
{ iempla.ed did not arise, aud by consequence
! there was no power, nor authority, nor OBJ.
legation, Of any kind, on the part ofthe Gov.
] ernor, TO send for any additional returns
4 Ia the second place, It assumes that the
, Governor may look out Of, or beyond, or
behind, the duly certified lists Of the Coun.
u Clerks, for evidence as 10 the number o.
j votes gwen IN any county assumption
. that sets the law and all lis forms al def
ance, und which, carried lato practice
; would open the door to every sort Of abuse
j by converting q merely Ministerial Officer
Z into the sole arbiler ol elections. II er part,
/ testimony that votes are unlawlully exclud
D cd in cue case, or admitted ~ another, may
, once be received to overthrow or qualify
+ the returns OF the officers named BY law
and acting under oath it needs no argument
to show that the law is a dead letter, the
forms for the preservation at the purity d
elections cobwebs-aud that the Governor
and his Council would, in fact, possess sub
5 siantally fhe whole power Of returning mem.
e bers from the State to the House OF Repre-.
g senta,ves OF the United States.
10 the third place, 1t assumes at once
tina, the votes excluded for cause By the
r Clerks Of Middlesex aud Cumberland we're
Z niswiully excluded-lhal they were lega
votes, which ought 10 have been counted
and that, if counted they would have de
cided the majority in favor Of five OF the
Administration candidates thus begging
, as it were, the whole question, and deciding,
, er parte and sunmaIlly, all the points arts.
ing in the case.
Hence, the conclusion seefas negotiable,
that tho Governor and his Council could
not, IN the circumstances IN which they
we're placed, have acted differently, nor
have refused 10 commission those for whom
/ according TO The general list transmitted
= from all the counties, the greatest number
OF votes we're given.
. Another conclusion seems equally inevl.
table, that the gentlemen thus commission
= ed must be considered the members from
; New Jersey, until formal Investigation by
: the House Of Representatives, after it is le.
gally oruaulzed, shah determine otherwise.
To that House alone, according to the Con.
; st,ulon, does II belong 10 Judge OF the
i election returns and qualifications Of lis
J. members :" and until that Judgment be sol
' emuIv rendered adverse 10 the claims Of
o members commissioned under the great
i seal of the State OF New Jersey, there ex
lists no right,u power any where, to deny
e to them all the rights, privileges, aud I'm.
d munitjes Of their station,
+ We have carefully abstaned, in these re
/. marks, from matter eXtraneous to the SIM
= pie question of law and right involved it
j. this discussion, and have sought 10 place
the subject N the light in which an lmpartla
l. looker.on might be supposed to view II.
u The commission to the New Jersey mem
v bers Is in all points legal. 1t IS IN strIc
y conformity with the laws of the State, ant
- uuder the great seal thereof, and canno
- therefore be met ia Iiaiai by objections L
= ITS form or regularity. Moreover, the com
mission IS TO the sir members from the
s. State, one Of whom, by all consent, is elec
: ted without dispute but if the commission
y be disregardod at the outset, even this one
member, about whom there IS no question
!, cannot take his seat, wn,ch Is paIpa5c alb
u surdity.-N \. American.
= ScHaGre H1ir.--ln the hospital of th'
u Roya Guards at Paris, was a private soldie
II who had received a violent kick on tht
- back Of his head from a horse. The ex
! element the ha,r produced was extreme
. and could only be kept under by ALMOST con
y tlnued beedngs, both local aud general
y Amongst series of phenomena produce,
:, by tbs state of preternatural eXclauon, tn
" senslbilty acquired by the hairs OF the hea,
- - was not the least remarkable. The shght
u est touch was felt instantly, and cutun,
, them gave exquisite pam, so that the pa
= tent would seldom allow any one 10 com