Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1839-12-16


cious rights of mtn. How was Mr. II. TO tell who
were entitled thus to pass upon his rights and up
on those of his State?
Would the Clerk decle7 Was Mr. II. to vote
on that question? The question had already been
decided, and decided by competent tribunal, and
that decision must stand: it must stand as well
from the necessity of the case ms from all the
force of precedent. lie was willing to read the
law, but he did not insist that it should be heard
before any other testimony the Clerk might hold
III his hands The law of New Jersey required
that the Governor and Council should determine
which OF the candidates in n State election had
received the most votes, and should give 10 such
persons commissions under the great seal of the
State. The Governor in Council had decided,
mud had given such commissions duly authcntica.
tel, and It was OF no consequence, in this argi
nen whether that officer had done right or
wrong; it he had lone wrong, the House, when
duly organized, had the power to correct the
wrong. lie should not now touch that point at
all it was totally foreign to the matter now To be
settled. Whatever the decision of the Governor
might have been, it must standas valid untilre
yersed by II competent tribunal He would read
the provision of the law:
"SEc. V. The Governor, or person admins
tering the Government, shall within five days af-
ter receiving the list, lay the same before Privy
Council, TO he by him summoned for that pur-
pose, and, alter casting up the whole number of
date, the said Governor and Privy Council shall
determine the six persons who have the greatest
number of yoes from the whole State for Repre-
sGntatives in Congress from this State, which six
persons the Governor shall forthwith commission,
under the great seal of the State, to represent this
State in the House Of Representatives of The Uui-
ted Stales.'
We bring such commission and the Clerk is
bound to receive it ms prina facie evidence of our
right 10 sit here. Such is the law of Parliament.
MIR ii. here quoted law of Parliament passed
in the 9TH and 9Th years of William and Mary,
declaring the members returned by the sherffs
are sitting members unlil Parliament, petition,
shall GUST then, and this has been settled by the
House of Representatives over and over again
and in confirmation of this statement referred to
the decision by the House mt the late special sess-
ion in the case of Messrs Claiborne and Gholson.
He also quoted other precedents from the "Cas-
es Of Disputed Elections pages l56 72S and 729.
There was no case in all the history of the House
where regular legal commission had been rejec-
ted before the House was organized. And this
was according to all law every where Nothing
was better settled than that the decision of regu-
lar tribunal appointed by law to decide such mat
tiers, must, when tine same question came up be-
lore any other tribunal, unless in cases oil appeal
be received and admitted as res adjudicata accor-
ding to the maxim, adjudicata pro veriate
accipltur lie therefore insisted that in justice to
tiic Jaws oiNeW JtfSeys dHG pubic Objects VI
that State, as well as TO the commissioned mem
bers, the names of such members ough. to be
placed upon the roll. IL other gentlemen claimed
the seat and could prove the. right to it, let them
proceed regularly by petition.
Let Them show, il they could, that the Govern
or had done wrong in granting such cert ficates
when that question came up, Mr. II. trusted he
should he able 10 show that the Governor had
done right. He appealed in the meanwhile 10
all honorable and high minded State rights men
not 10 let the regular acts of State authority be
wonlonIy set aside. Were it their own case.
would they not CALAMITY stand up for the author-
~ OF their States? ..-
had alluded, Mr. ii. understood it to consist of
certificate obtained from the Secretary of State of
New Jersey, under the seal of his office,
no. under the broad seal Of the State. IN favor of
he other candidates. But the Secretary of State
"us not the reporting or certifying officer known
T. the law; he had 10 legal authority to give such
certificate: it was, in reality, no certificate al all.
Besides it did not pretend TO state any official re
turns OF the election, hit only the personal under
standing of The officer as to the general result.
certifying officer could only legally certify to re.
cords; he had no authority 10 certify what might
be his own personal opinions: and even if this
Secretary of State were the authorized officer to
certify election returns, the certificate lie had
given was no, in the usual form. Mr. H., howev
~
was, should he read.
Mr. Bynum rose to reply TO certain statements
which had been made Tor facts, but which We're
not so. He knew it 10 be practice with many,
in aud out of this House, to assume for fact every
thing which they thought proper. The gentle
man from Pennsylvania (hlr Sergeant, with
whom il was characteristic, had assumed for n
fact that this the list time that ever the seal
of member had been questioned who had been
elected according to the laws and the Constitution
Did the gentleman undertake TO say that he alone
had the right to judge of what was the law and
the Constitution in relation 10 this subject? Ii
the Inv aud the Constitution were SO clear ms the
gentleman would make out, he Mr. b. pres,iin d
that there would not be dissenting voice as to
these gentlemen taking their seats. But this was
precisely the fact mt Issue. He said that inIiyih
ualS were not elected according 10 the law and
the facts. .- .r-..
The gentleman from Pennsylvania said they
were-ihat il WIS u clear case; but IL was to be
borne in mind that there were other gentlemen in
this House who had All equal right 10 their own
opinions, and TO the exercise of their own powers
Reconstruction of the laws and the Constitution,
who saw the matter in very different light
The gentleman thought, too, that it would be Il
reflection on The Governor of New Jersey that il
would be dsrespeciful to The State of New Jer-
sy, to question the right of those individuals to
their seats, or TO doubt the proprlety of their
names being called. Were there not others whose
interests and opinions were 10 be respected be,
sides the Governor and his coahjutors in New Jer-
s.y? He (Mr b. thought that the sovereign peo
pie of New Jersey should be heard and that their
rights also should be respected on this floor. II
he understood the matter correctly, the members
ofthis House were not SO much the Representa-
tives Of the Executive of the State of New Jer-
sey; they were emphaically the Representatives
in part of the great sovereign People of New Jer.
sey. Here was contest between the People and
the Executive of New Jersey.
The People called upon this House TO do jus
tice; they said that the Governor had committed
an outrage upon their feelings and rights; that
he had been guilty ola usurpation for which in
some countries Inc would be subject to high res.
possibility. If the object OF gentlemen was to
get The nnmes Of these five individuals called