Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-07

Thus il appears from the ballot boxes, that the six
persons having the greatest number OF votes Tor Repre-
Sentativcs III The Twcntysxth Congress OF the ln'ci
States, from the State of New Jersey. were Peter
Vroom, William X. Cooper, Philemon Dickcrson, Dan
el B. Rsall, and Joseph kie, tDcmor ras,) aud Jo-
seph F. Randolph (Whig,) the latter having an equa-
lily of with Joseph killc, the lowest Of the De-
mocrats elected, and thrtyonc votes more than the
next highest on the Wing ticket. The Constitution
Of the United States declares ''that the House oil re-
representatives. shall he composed OF members, chosen
every second year by the people of the several States
and the law of New Jersey prcscrbcs that the SIX per
who have the greatest number OF votes from the
whole State shall be the Rcprese natives Of in the Con-
9ress of the T. States from that State and II was the
imperative duty Of the Governor It. commission such
persons and such persons only The officers of the town
ship elections after the polls closed, had authority hut
take account. Of and cast up. the votes given in
for each candidate and make list of the same, and
sign certify, seal up direct, and transmit the same TO
the clerk OF the county; duplicate OF which IS 10 be
retained By the clerk of the township doubt, 10 vc-
rify the fact, If the former should miscarry no,
rive time. So likewise the clerk OF the county has
authority but make general list Of all the can
datcs voted for the township polls, and the number
of received at the township polls for each OF the
cand dates, and transmit the to the Governor
Neither the Judges of election after the poll is closed
nor tn clerks OF the counties, have authority TO nul-
lily the of the ballot hoN-to aside elections
10 Judge OF the mode manner OF conducting elections
the tormaty OF the rcturnstiIc mistakes
OF the returning officers, the ormay of the township
lists or the appointment qualification OF township
officers. In all these matters both the returning 9th
GERS and the clerks OF counties supply ministerial
officers of transmisson--thc mere organs !" convey the
results of the baut-boy 10 the body constitutional
authorized to Judge Of the election return qlaca
ticns of their members This has been repeatedly de-
termncd BY the House of Assembly Of New Jersey. In
October 1914 in the case of William Reynolds in Oc-
.ober 1875 in the case Of William Colrfas and Martin
Van Houtcr; in October, ISL, in the case of William
Pearson and Samuel J. Read The rule established by
the House of Assembly in New Jersey IS, that i
enough is done TO to the people the right OF
suffrage, no neglect of officers shall be visited upon
them in the loss of their right by defeating the will OF
the majority. Such has been the uniform course OF
decision hy the Legislature Of New Jersey in detcrmn.
ing upon the election and returns of their own men,
bers which, by the Constitution Of that State, vest
ed exclusively in the respective branches of their L.
gslaturr.
1t will be seen, then, that the whole object Of the
law of New Jersey, TO carry into effect The viii of the
people as declared at the haot-boxes, the
six persons who had the greatest number of for
Representatives in Congress. The Legislature of New
Jersey well knew, that they could not consttutonalv
cothe any of their officers with authority TO Judge Of
the elections returns and qualifications OF the men,-
of Congress: and therefore confined their regulation 10
the mode in which the fact Of who had the greatest
number of votes should be asccr,ained The Ccnstitu-
ton of the United States declares, that each House
shall be the Judge of the elections returns, and quail
iications of its own members. This has always been
held to give them exclusive sole jurisdiction Of the
whole matter. In exercising this jurisdiction, In"
House OF Representatives have determined, that the
provisions of State laws, TO the time Of making
turns the manner in which they are to he made. and
the ormalty of merely directory. and that
noncompliance with such directions, will not rtate an
election; and that error committed BY any of the
turning officers, either from ignorance, mistake, or de-
sign are TO be correctedby the House Contested cleo
TONS pages ll6 $780, l6S 5l3 5l5 7os, 700, and ne
Such also is the uniform course Of decision in the Brit
tJh House Of Commons,