The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-25
TWENTY-SIXTH CONGRESS-.
FIRST SESSION
HOUSE OF REPRESENTATIVES,
THURSDAY. December II,


The New Jersey question being still under eonslde.
ration in the house, Mr. RHETT, Of South Carolina
rose and spoke as follows
Mr. Chairman II has become personally important
10 me, although il may be OF no consequences 10 the
house, that should express my views the subject
now before for consideration. Always uterng frank
y and freely my opinions TO oil who desire to know
them, il is not surprising that, IN conversations with
different individuals only detached portions Of
this subject ne and those tnged with the hue Of
previously formed opinions, feelings strongly enter
taned-l should be mis,pprehended or msrepresented
Whatever be the cause however, an eqnivocal position
this or any other subject deeply affecting The rights
and interests Of any member Of the Conedeacy
which, nethera membe. Of Congress, nor ndi-
yidual can ever consent to occupy Briefly, but
freely, then, propose to express my opinions
There are but two sets Of papers on your table, with
respect to the claimed in behalf Of the State Of
New Jersey The claimants on the one side rest on
the commission from the Governor Of New Jersey. I'M
der the great seal Of that State The claimants the
other side rest the proofs contained in certain docu
ments, showing that they received majority Of the
votes cast by hundred and forty votes Il will not
be necessary.-n the views SA11 he Of this subject,
to consider the character Idocuments; as for
instance, whesher the Sec Pof State had any right
TO take the Of the elections, Of which il alleged
he received the custody merely the clerk Of the Pnvy
Council, and by putting them into the state office Of
New jersey give them the character Of official records
their puport and they raise the question, which Of
those two sets Of documents this incboate transit
ton state, shall recognise best emitting the
claimants under them TO participate in the organization
OF the house II is not question OF final right; for
all concede that in the house. after il IL organized that
right must be ultimately considered and determined -
Far short them Of foil investigation. Of any investga.
ton, beyond the papers on your table, whom shall we
recognise members Of Congress for the purposes Of
organization
On the one hand, il has been contended that the CO.
yernors commission conclusive, and ought TO be
questioned and unquestoDable to membership this
floor. To this proposition cannot assent. The com
mission Of the Governor is mpugnabe and ought to be
mpugned and set aside in many cases, which can be
supposed. Forgery for instance, or the case Of the
two contestants from Pennsy lvania, which consider
ed and adJudicated but yesterday We ought to hear
think, any impeachment Of the Governors commits
sion presented to good faith, and pass judgment
on its validity; but with the house before us, where
we can alone, IN almost every fully and properly
ascertain the facts should be very slow in discredit
ing the commission. And, on the other hand, It has
been commended that the Governors commission is
mere return Of the election and that ought therefore
TO put II on parity with any other returns made by
other officers agents Of the elections and if from
comparison of testimony. we find the Governor error,
ought forthwith to rec'ify his return, and give the
seats TO hoseMho to have the majority OF votes in
the election Neither TO this proposition do assent
II is always necessary Mr. Chairman, if we in
tend 10 have any precision in reasoning, TO IN
derstand the terms we use. What is return, and
what is commission : A return is statement of
what has been done; it is nothing but an account
rendered, and is usually from inferior to supe
Tur; as in the very case before you is required BY
the laws OF New Jersey from che Judges OF elections
to the clerk Of the county court and from the clerk
Of the county court 10 the Governor and Privy Coun
Gil What now, on the other hand, is commission, =
signed by Governor with the great seal Of the
State attached Sir, il is "A title, and nothing less
than title, either to property or franchise, as the
case may be. is title to property when convey
ing away any portion of the States domain. Ii is
title TO franchise when inducing into an Office or
establishing an agency. Can gentlemen make it
less is by signature and seal, according TO the
common law Of the whole land, inherited from
wise and free progenitors that property passes from
one man 10 another, from corporation TO an indi-
vidual, from State to citizen. The paper, il is
true, is rags and the seal bit Of wax but beneath
these Sneered al, but powerful emblems rest in Sc
curily in the hands OF Individuals the vast territory
of thih vast Contederacy and all the offices OF trust
emolument, or honor BY which The whole machine
Iy of our free Government is so happily carried on
Their power is in the law; their omnipo,ence as
great as the sovereignty which created those laws
and can onlr be sighted and disesleemed by those
who are ignorant Of forms of government, or
who are prepared TO overthrow them.
Bot 1t is objected, if the Governors commission
gives title to a seat in Congress, then the Governor
makes the member of Congress, and not the People
The answer is plaza The Governor is mere agent Of
the People, and, when acting obedience to the Con-
sttution and laws OF the People his their
What are all our systems OF government, State and
General, but vast agencies established by the People
for their government The sovereignty is with the
People Sovereignty the supreme ultimate authority
and power State. In Great Britain il is said to be
in the King. Lords and Commons: in Russia, in the
Autocrat But with us, in the people Of the States;
and all our systems OF representative governments are
only agencies by which they rule themselves All le-
gsatlve, judicial and executive acts, performed by
their agents IN pursuance to the Constitution and laws
they have established emanaons Of their sovereign
will and to defy deny them to outrage their
premacy. When, therefore, the Governor Of New Jer
sey. in pursuance to The laws Of New Jersey, gave
commission to certain gentlemen members Of Con-
gress to represent that State his the Of the
people Of New Jersey and il comes to with all the
power and solcmnity sovereignty confer IL is no
answer to this position to affirm that the majority OF
votes cast at the polls against those commissioned
II the laws Of New Jersey defective, or her agents
fahless, let her reform them. The people went to the
polls IN elementary capacity, but IN the ordinary
OF ali election in obedience to the laws and Con-
suton they had previously established for their self
government by these laws their election was held,
their votes received the returns made, and the MEM
bers OF Congress commissioned In all OF these acts,
aud in than another, the sovereignty of
New Jersey in actual operation; and when the H.
nal result is communicated to Us by the only official
gan designated by her laws, in the form Of positive
commission under the seal of State and the signature
Of the Governor, we are bound, respect one Of
the sovereign members Of the Conederacy, to regard
with the highest consideration.
Mr. Chairman, there is but way by which gentle
obvlste the effect Of these positions aud that
is, by maintaining has been done that the laws of
New Jersey, by which the Governor is directed and
powered to commission members of Congress, are
constitutional aud therefore void This is taking the
subject up to high principles worthy the attention Of
statesmen. II a member of Congress be agent Of
this Government, ard not Of the State he represents
then, undoubtedly the State commission him
If he be the agent of air the people of the Union in
the aggregate, ii equally clear that State cannot
commission him. Whose agent is he ..
turn to the second section Of the first article Of the
Constitution OF the United States, and find it ordained