Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-21

tcRuS nj the bar. But gentlemen ON the other
sid" wanted 10 Jump all inquiry, rci"c, all cvs-
dcnce and, restricting themselves to the comm ssions
Of the Governor Of New jersey, decide that those who
held them should take their They were called
upon TO decide that these commissions were conclusive
to the right of the gentlemen TO take their seats and
could not BY any evidence he conrorerted. trehtle
men had also urged the imperfect state of the organ
zlton Of the House, why II could not 20
into examination of all the evidence bearing on the
case: hut gentleman could not now avail thfmsci"Sso
that difficulty We are SAID Mr. d., organized we have
Speaker have taken the cath ofoice, and there's
nothing TO prevent from entering into an cNamina
ton Of MI The evidence, and Of dec ding il upon s me-
Irts Though fully convinced that tbs power TX stca
vet he believed that would be premature TO exercise
until after full examination INTO all the facts ana
evidence bv committee and n report upon II. Some
of the propositions nfthc gentleman from Pennsylvania
(AEf S"rmean) ahhnrrcnt To the principles Of
the Coust tuition, that he felt constrained to meet them
al the threshold though he would not now 90 mt" an
examination o.. The merits Of the main question. He I'M
derstood the gentleman to say that he could only lock
al the State OF New Jersey acting IN is corporate or or
game capacity Now, he utterly DENIED that IN tbs m
stance the doc,r OF the gentleman were IN accordance
with the Cost tution and he would call upon him look
mt that instrument ITSELF and see what authority / gave
him 70; his assumptions Before gong INTO an exarn no
ton of this part Of the gentlemen argument he would
prenis,a few remarks, order that tlcv might arrive nj
bet or understanding 81 the subject il Was known 10
the Speaker, wlo from his ntlnCy had been taught IN
The pnii cal school Of the State L thts part:, that the
term state is used in three dilrrcnt senses; ana he
would refer gentlemen to Mr. Madison celebrated
port the rasolnt ems cf john Taylor Of Car. ne IN
the Virginia Legislature, authority for THIS under
standing Of the term. The term Estate sometimes
meant the territory conprchcndcd within ITS limits
~, said Mr.. d. may speak of going into Maryland
or into Virginia 1t sonnet mes meant the mach merry
by which the State Government carried on; and
again, it sometimes meant the whole people OF the
State, and then the term State was applied 10 1t as
sovereign State alone The term State, therefore,
| pl,rI tho
the Government and sometimes to the people, in their
highest attribute Of sovereignty. The St1tc Govern
nicmts, s;ich, Mr.. d. sad, not parties to the
! Federal compact The States ot New Jersey, Nirgi-
ma, and the rest their highest gnty capacity,
that is the people OF these States a"n" the parties.
| D. not tell me- then, SAID Mr. y, That opposed
t, State Rights, when contend that the machinery
of State shall Srcprcscnt the VIII Of the Sore
reign people Of the Stat" With ths distinction, he
would call the attention of the gentleman FROM Penn
sylvania, The language of the Constitution ,h:s
subject The House of Representatives shall he
composed of members chosen second ycaS By
when. sir By lii" States M, s:r bnt ''by the
pc0p'C Of The several States Then to the senate
TIL" Constitution says, that the Senate Of the United
states shall be composed Of two Senators from cach
STATE chosen hv the Legislatures thereof, &c. And
here sad Mr.. D. is the distinct on shown between the
two bodies, and this is what have always cGnirni"d
is, the popular hodths IS the part Of the Federal
| Government which "btaIus popular feature. Ii" saw
| his venerable colleague. faudng to Mr.. Mercer,
smile, for h" fully concurcd in these great doctrines oi
! tn" State 7; .hts party.
In looking the returns ofthc New Jersey elections,
even if we should 60 behind the great SEAL shall liz
guilty neither ola violation Of the Constitution, nor o
the ri ghts OF the State of New Jersey; but the
rary, cont"ndng for the rights Of the people to elect
their Representa- YES are carrying ont the Federal
compact in the fullest extent. We inquire who the
people ri New Jersey have elected rs their Rerrcscn
atrvcs and, IN doing, regard that State in her
highest sovereign capacity II" should Ike 10 know
from his learned friend from Pennsylvania, or from any
member Of that body, learned unlcarned, where II
he nds any authority for the assumption that the IT,
Of Representatives could not 80 behind The commission"
ofthc Governor ct New lcI>"y with the great seal CT
the State, in deciding upon the elections returns and
qualifications Of It's members. lie drn;cj that there
was any authority for il. either IN the Constitution OF
laws, or in presidents found in parliamentary prac-
tee He concndrd tha, the word ''rcurns, carried
with it every question connected with the rcturnS ana
that they had much right to inquire into the returns
Of the votes Of Nivl.a and South Amboy. which we're
suppressed b. the clerks, into the COMMISSIONS OF TIE
Governor Of New Jersey If gentlemen doubted this,
he would cc for them abundant authority. Mr.. ID
here referred To- the Of Spaldng and Mead, con-
tested Of election returns decided som" years ~" "a
the House Of Representatives. In THIS Under the
laws Of the State of Georgia the Votes were rcqurcdto
be returned within limited time but the votes OF thi,e
counties not having been returned within that 'm" me
Governor felt himself constrained not to count tIci'
and to give the commission to Mead me scar was
contested and II decided here that TIE houS" Wa
not restricted BY the proclamation Of the Governor
j. now contendrd but that the 'refurn$ comprehend
ed all tie votes given IN that Congressi nj district,
whether counted by the Governor or not. There were
points decided III that case, TIE primary returns ana
the ultimate returns; and, therefore, the laws c New
Jersey requiring the returns to b" mad" by The county
clerks to The Governor, who is to them al up, and
Ia rive the commissions IN conformity with them, Tho
House must Inqu into all the facts If these elections,
gong back 10 the primary returns 10 act IN c'niorm'ty
with hs precedent. The lcr,'. decided aga ns Mr.
Spad NJ, and that the votes which were Kept ba"A,
y neither they were the result OF fraud ,r C'h,rw.sc,
we're 81 Ia counted. Mr. y. would MT hcG" enter
into ans examination of the nducf"f Go. IN Pm.
ninrsn. He would not p.rtcnd {" say that GoNrrH.'
| Pennington had done wrong II" would tc t!:nC 10
admit and he would ground hs argument ~ ne pos-
tnn that the Governor could havc ac:"G ot!rrwse
than he dd-tiat he was obi red eve his ccmra-
sons " lhout counting the MLvi!r and South AEs-
boy votes but he would ak, could ,'ls House ctu""
10 count them There IT ioas; forty cases u!
Which II was decided that all the returns saD"id be
looked into and upon the ground ;at 'h Hons" vas
not violating the laws of the States, Int carrying th"m
out l. perfectly compctcr; ter the House. ~ X
mr. into tie returns, {" cNaE!n" them alto compare
,hrni together and decide wheAcr these cert ca'cs q
:lrc Governor with the broad seal, might MT to
pcachcd, either for want Of form want # yer ";
and ifthcv were not accordance with the laws q Nov
Jersey and not in accordance with the facts .erards
summing NJ all the votes taken at The election, they
were va d. and night lie set aside. He would lr clad
to know where gentlemen found the author ~ fer hc
assumption that these commissions OF the Governor
of New Jersey were conclusive as 10 the right OF
those persons bring ng them to tax" Their seats with
out further question. Where the precedent
for it; All the decisions directly at yar!.
ance with it, and in the of Spalding and Mead,
it decided that the returns were only puma tnr's
evidence. But gentlemen ccntcndcd that prima ta-
cic evidence Of right gave a conclusive ght.
It not worth while u 20 into rc!ustion Of this
absurdty II must be admitted that the right TO take
seat in that House rested the elections and dual IL
cations Of the members, and that tie primo oc'c evi-
dcncc of these two circumstances only good e"i-
dence in the absence Of any III re- to ccntEad ct It
The very learned gentleman from Pcnnsy ivan at