The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-12
fed psr.oo. had entered The boxes He would sit down

Mr. WISE iheTeqpon rose and protested against this
as very irregular mode OF proceeding lie willing
that gentleman should read part Of his speech,
any papers he chose but he objected the iniodpc-
ton of oral testimony this form II the gentleman
would have the replies Of the gentleman from New Jor-
sey written down and make them part Of his speech,
well but, tho evidence VI the gentleman from New
Jersey, Mr. Randophl and the certificates Of the Sc
cfeisfy OF State Of New jersey TO be read To-
eeived here evidence, Mr. w. protested against IT,
Mr.. YANDERPoEI. said he would waive the ques.
ton and answer IL hlmsef He said hat he had heard
much about leaning the law, but he induced
ask this question order show thai these gentle
men, no were such sllckers for the laws Of New
Jersey themselves sanctonlng most pspable VI
olation OF law but gentlemen objected 10 the qnes-
ton. was needless TO press t. and more especially as
he, common with every other gentleman this hooi
who could read the English language. could answer t.
Ho had merely questioned the gentleman, In order 10
have the irresistible conclusion Of that genemans mind
snperadded TO the clear interpretation OF statute o. his
own State. Let tho gentlemen read the law OF New
Jersey aud they will look there for any authority
part Of the returning officers, the clerks oil
counties or the Governor AID Pfiyy Council 10 enter
ballot boxes aud reject votes, the ground that voters
disqualified They were mere returning officers,
and could arrest their this House,
the only appellate conr after the primary court the
board Of caassers the keepers Of the ballot boxes had
passed upon their qualifications No had pretended,
gentleman could pretend. that the county clerks and
Governor and Prsy Council could act in judicial ca
important admissions, made by the only undsputcd
member from New Jersey and The ardent friend aud
supporter Of the claims OF the Governors members
We could have further dispute, either about the
facts Of the CASE the law Of Nes Jersey They were
only Incontestably proved by tho papers on the
Clerks table but une9uiyocally admitted by the
sole Representative Of the State III question What
course, then, should pursue IN relation TO reading
papers
Here Mr. V. said he would state how far he thought
,nYht nInp Tho ling nj
state OF preliminary organization He had 40 doubt we
competent try the whole after the roll was
called and before Speaker chosen bu. the argu-
ent oi might aud as he thought should
deter from going into the question Of disquaiihed
before the House fully organized, because
had no Committee Of Elections, aud that question
| generally depended upon voIumInous aud conhieting
testimony, upon the consideration Of which might be
very announcement TO enter before complete orgahza-
But this objection did not apply to the reading Of
papers designed show the simple proposition that one
the other set OF gentlemen, according TO ne 0alof
bScs, received majority OF the VOTES TINS. generally.
was and In this case was most efnphacaly, question
capable oi proof by isolated document RETURN or
other paper, aud IN this proved not only by
such document, but by the admission Of the member
from New Jersey himself Mr. Randolph Was there,
he put 10 the of gentlemen, any dispute
about the amporant question Of fact that the Govern
ors members did not, according to the votes, as can
vasscd, receive majority Of the votes given ia the
State What was, then the safe course, the course,
The had almost said, 10 which inperous duty inpcied
the House IN this case Was it proper to discuss this
point upon this mere question OF order Other gentle
had pointed their remarks 10 the main question and
while he was mp he would tell the House What he
thought were imperously called upon to do,
matter Of warning and example to county clerks Co
yernors and other mere returning officers; yes, called
upon to do csutlon TO some future Governor Penn
ngton, some Clerk Fhian, that they, return
ing officers could not suppress the of the ballot
1 a " mi
the ground that the ballot boxes contained that
| ought never to have been given. .G ..."
Let it once go forth that partisan clerks and pari-
Governors for instant defeat the voice Of
i the People, and gentleman, candidate for the
honor OF seal here, could have complete guaran-
~ that he would be permitted 10 take il al the open
ing Of Congress- though elected by majority never
4 50 large. We should do then what the Governor
! and PTivy Council should have done-give the gen.
llemen the certificate seats who, according TO the
returns and record and truth before them, ought to
have had it; and them if the minority candidates
want TO purge the polls, let the approach us by
! petilion or, at least tell all the candidates to
stand back until the House, by complete organ
iZation, shall acquire facilities To look into the whole
! case. The courSe proposed by those who supported
the prelenSionS of the G. JvernorS members would
hold out most dangerous temptations 10 these mere
ministerial otil erS 10 commit frauds. They could,
under most rivilous preexts, give TO minority can
didaeS certificates, enable them 10 aid Us IN the
org piZatiun OF the House, and peradventure TO sit
with us here, and exclude the true members for
months for those gentlemen who had had any ex-
peIience OF cases of contested elections knew how
slowly they generally progressed here. he would
then place, this stage OF proceedings, all III.
papers thai went TO show rhat ras The popular uotce
as oppressed MrOngh the baftot bOTS, aud would not
now consent TO hear any atdavils that went beyond
them He had learned that that the Governors
members either TO cover their retreat, or TO supply
themselves with semblance Of prcext for claim
ing their seats, had recently taken some testimony
under law lately passed by the Legislature OF New
Jersey; that they had sat very quietly for nealy
year, and then conceived this atlerthought. He
would not, before organization, give them The bene
fl OF this alteIthought but would for the safety
all future candidates. first purge the case Of the
fraud Of the mere miniSteria and returning officers
Duty and example required this.
Much has been said about the character Of the
testimony the Clerks table, whether il was legal
testimony He had heard much here, not only J.
the common law, but OF evidence taken according
to the common law. The common law was first
drawn into the service Of his friend and colleague,
(Mr Barnard) who delivered SO terse and SO clear
an argument last Week-aS good an argument as
could well be made on the wrong side. Mr.. V.
asked pardon for this depression 1t was dictated
by his heart His colleague and he had been class
mates in their boyhood they had journeyed together
through the delightful classic tale OF Eneas and
AnchseS and it gave him pride and pleasure 10 wit
ness efforts from him, here or elsewhere, that were
creditable Why was the evidence to prove The &C
tual majority insufficient? Was il because it did
not come up to the mark of strict sense, common
| law eViuehce was II not enough 10 SATISFY our
consciences2 Did we exact more than this in
the discharge OF our legislative duties. Ask your
Committees Of Claims what evidence they act upon
what testimony il is, upon which millions Of dollars
have been voted away TO satisfy claims on the Go
vernment2 They will tell you that all that they re-
qure is to be convinced, and that this conviction is
generally induced by atdavits taken er pzrtc before
magistrates, in an extra judicial form; and Tor the
making Of which no indictment can be had for per-
jury. Do you still doubt where the truth and usc
of the case in reference TO the votes actually giucn
| lies 2 Do you doubt the evidence The Clerks