Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-05

Sec v The Governor, person administering inc
Governments shall within five days after receiving Inc
list Law the same before Prvr Council, To DC oS MN
sumnGncd for that purpose, nnd alter casting UP ".
whol. number of votes from the several cou'.cs III
each candidate the said Governor aud prvy I"uncli
.,,a determine the SIX persons who have the greatest
number of votes from the whole Stac lr l'ePic'en,"
tivcs in Congress from this State winch SIX persons VI.
Governor shall forthwith commission, under inc @r'".
seal OF the State, Ia represent tins Slar III me ios u
Representatives of the United Si;t"s
We bring such commisson and the Jerk Is poi'" "
receive il as primo acic evidence "i our rSnt ~ 81
Snch is th. law Of Parliament. MIL mere 4uo''a
, law Of Parliament passed in the 9TH and St years Of
William and Mary declaring that members returned by
t) sheriff. are sitting member, until Parliament on Pc
ii,ion shall Judge their election TO have been
He said that the principle had hccn sc'cu y NV
| House of Representatives. over ana over ae''' ". :"
confirmation Of this statement referred To the decisio
BIZ the ousc at the late special session III The case o
McsSrs Claiborne and Ghosom. lie also Imo'ca ot'c,
presidents from the . Cases of Disputed Eiect"hS'
| mares l5G, rs and 729 There was no case III an
The history Of the House where regular ic.'i COM
mission had been rejected before the House was or
oaniz.d And this was according TO all law every
where Nothing better settled than mat inc
decision of regular tribunal appointed pv IL"
TO decide such matters must, when inc same qics
finn came M before any other tribunal, unless IN
cases nj uppu be received and admitted 0dn7'-
ccta uccordin. TO the maxim nGJnd'cnfH pre- f''
fntc Grrtur He therefore insisted that IN justice "
the laws of New Jersey, and the public ofhccrs ol iat
State as well the commissioned members me names
of such members ought to he placed upon the roll ~
other gentlemen claimed the seat and could prove lhei
right To it. let them proceed regularly by petition Lei
them show, ftley could, that the Governor ha" done
wrong in granting such certificates when thai question
came up Mr. II trusted he should hr ape TO SHOW 'a'
the Governor had done right. He appealed III Inc
meanwhile TO all honorable and hgli-Inindca o'a'
rights men, not let the regular acts Of State authority
be wantonlv set aside Were their own case, woho
they not galanty stand up for the authority of 'hc'f
! States:
As 10 the other testimony to which the Clerk had al
mdrd Mr. H. understood to consist OF 4 ccrt'ncate
obtained from the Secretary OF State OF Nc" Jersey
under the seal Of his office not under the Dfoad scar
the State in favor of the other candidates Bnl inc &c
creary of State not the reporting or c"rliH S u
fcrr known to the law; he had no legal authority u
give such certificate: il was, IN reality, no ccf'lr''
at all Besides, ii did moi pretend to state any or'a
returns of the election, but only the personal uoe
standing of that officer Ia the general result Ger
tfyne officer could only legally certify to records he
had no authority to certify what might be his own per
sona opinions: and if this Secretary OF Stale were
the authorized officer 10 certify election returns '
certificate he had given not IN the usual for'.-
Mr.. H. however, had no objection 'iat MS cef'''""
such as it was, should bc read
Mr. Tillnqhast of Rhode Island, said that the gen
tcman from New Jersey who had just taken his seat
had openly claimed have his name called in the is
of Representatives from that State The gentleman
T whose name had immediately precrucd ms nau pre-
scented commission in precisely the form, and ~
strict conformity To the laws of the State The Gle RI
had then stated that he held five other III the
g same identical words, all signed by the Governor-thc
only regular organ Of communication between the State
and this IIonse-tlle only difference being that one 81
Them contained the name of Mr. Hastcd and the former
c the name of Mr.. Randolph. Now, the Clerk had &c
tually called the name Of Mr. Randolph the strength
of nothing else hmt snch certificate, and nobody had
, uttered objection to IT. Was H. men, very extra
NJ ,I diana nd 4
have his name called also: He could not ON villa
ground any difference should be- made The Clerk hat
acted as the temporary organ Of the body OF men nov
present Ca body met moi for the purpose OF settling ques
tons not elections not To settle laws) and by
their universal consent he had without solitary s!gr
of objection in any quarter called the name OF Mr. Ran
dolph as entitled TO seat All agreed that he had do
: right Mr.. lIalscd now came forward and claimed TN
g same privilege. When did the privilege of mem
II Der of Congress commence; Mr.. Jefferson, III tina
a CHAPTER of hs Manual which treats Privilege, ha'
stated that privilege from arrest commenced from tn
, election of man 10 be member, though he could no
act as such until duly sworn; aud then he proceeded
declare in words TO which Mr. T. called the solemn al
tcnon of all around him, that every must at hi
peril take notice who We're returned NJ record as dull
# chosen All persons who were bound to do, or L
abstain from doing any thing in consequence of III
6hst9sn h %p at their peril to take NO motto
&c proceeded TO observe that there two distinc
ir powers exercised IN the matter under consideration
n ton of Representatives to Congress- and the othc
{. was to Judge of the validity OF such election
Z These powers wholly DISTINCT ifon each other
o TIL" first power was to be exercised by the Pcopl
l. and by certain public officers within State; but Con
grcss had passed law the subject further than
require the States 10 elect the
had been left exclusively to State legislation, and.
der such circumstances, tho laws passed by any Stat
binding Congress and OH all other persons.
The second power he exercised BY the House
Re u pul
d 10 vote matters falling within their jurisdiction
The asscmbagc of gentlemen here present had met n
the purpose OF giving validity 10 such House; but
not the House They not authorized TO ldg
e whether the election of members from New Jersey wa
l. valid or invalid; it would be assumption 10 attempt il
Is Vow, III the intcrva between the exercise Of thcs
two powers. there exist such evidence Of Tn
exercise OF the iirs Of trm all persons boun
e 10 respect and 10 which they must yield their credcnce
, He appealed to the common of all who heard hin
. if this must not b. And if ii so, there must h.
provision i'll the laws Of every State 10 furnish snc
evidence. Accordingly, States had declared tina
the returns of the srfilfs should constitute il. AM
9 where such returns made they Immediately, FPS
taci0 exempted from arrest the persons of all who's
, names returned: man thus returned could 10
e be refused any of the privileges legally and consttu
iionally pertaining 10 Representative OF the People
In other STATES, on certificate of the Governor
;, necessary and there, such certificate had power
Il confer like exemption, and invest with ike priv
legcs, until its validity destroyed by AUTHORITY
!. competent 10 destroy it, The laws of New Jersey !!a
prescribed the form Of a commissions and 10 commission
II ofthc commanders of Army Navy ctfec
a tuay invested their holders with their respective OF
fees than did this commission TO members Of Congress
Now, the body here present consisted OF men who hat
!, in this matcr-hey bound 10 notice it
J., and must, at their peril, observe who dcclarc
> members Of rcc0rd And ali action Of persons every
where, touching til" whole matter, must be governed
like manner. The evidence required BY law must eve
Il rywlcre receive crcdcncc. Some have already beer
admitted this very evidence: and he could not for hi
5 life how Others producing the very same, could h
!. rejected. If no claim had been advanced the
Il might be different but claim had been openly M
u and he did not know how il 10 be refused.
IS Mr. Fillmore appealed to all gentlemen around hin
that ELI the facts mnht be laid hrfn-.