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

nence, which Of all other things in the world
,hoy dreaded the most-and thus Mr.. Garland is
made the scape goat of the party by refusing TO
call the names of the Wings who held the legal
authority 10 represent New Jersey. We should
like to know why the Clerk d.d not 60 on calling
the roll until he was stopped by some member ?
Because, biz party had ordered otherwise What
right had he to stop None. But the whole
proceedings is against all presidents.
The New York Times publishes case in point
and which Mr.. Wise read TO the House Of Rep
resentatlvcs. We think the Vanites are taken
on The hip this time
"About the year 1914, a case similar
to that Of the New Jersey members &C.
CURED in this State. A dispute arose be-
tween two persons, each claiming to repre-
sent the county Of Ontario IN the Assem-.
bly,. 1t may be recollectcd that, under the
Constitution Of this State, as it then exist
ed, all the officers Of the Government were
chosen BY council Of appointment, select
ed by the Assembly from the Senate. I'm
der this regulation, the party having ma
lority in the Assembly had Of course the
power of filling oil the State Offices with
their own partisans. Among the eandl-
dates for Assembly in Ontario at the peri
Cd referred to were Henry Fellows, Fed.
eralist, and Peter Allen, Democrat.
BY the law, as it then stood, the in
spectors of election were TO make return
to the town clerk Of the number of votes
cast for each candidate, and that officer
was to make return TO the county clerk,
whose duty It was to add up the votes re-
turned from the several towns, and TO give
certificate of election to the candidate or
candidates having the greatest number.
In fact, Henry Fellows, Federal, was elect
ed by heavy vote over P. Allen, Democrat;
but the Clerk of one of the towns where
Fellows had large majority, in making
his return to the county officer, abbreviated
I the Christian name of the Federal candl
date, and returned so many votes for Hen
Fellows. The clerk of the county, under
the advice of Mr.. Van Buren,, then Attor-
ney General Of the State, refused to count
lhc NDtts mus FetuIueu, anu, TtJtClIIl9 lHt
votes from that entire town, declared ma
lorltv for Peter Allen, to whom he pre-
scented a certificate of election. The vote
Of Allen gave the Republican party pre-
ponderance Of one in the Assembly, and
OF course prevented the Federalsts hay.
ing the same majority. Allen and Eel
lows both appeared, and, at the organiza.
ton Of the House, claimed the seat. Mr..
/ Van Buren,, the Attorney General, had the
management IN the affair on behalf OF the
Republicans, and the late Elisha Williams
acted for the Federal party. Mr.. Van Bu-
rem claimed that as Allen was the certlfed
member, he was entitled 10 his seat in the
first instance, and that Fellows, even if the
rlghtful claimant, could only obtain 1t by
vote Of the Assembly after II should be
duly organized. This, the correct consti-
tutional doctrine, prevailed. Mr.. Allen
took his scat--asssted in choosing a coun-
ell Of appontment-by trhich III. Van BE-
rea returned he efice Of Attorney General
and then was ousted Mr.. Fellows right
being conceded by the unanimous resolu-
ton of the House"
9FWe have published this week a very inter-
esting sketch Of the Life of Gen. WIN. II. Har.