Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-24
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POLITICAL.


yer, argument eucd lting the issue upon the cre-
dentals Of all the claimants from New Jersey 1t will
be read with great interest both for the learning and
reasoning it displays.
We believe with Mr.. Pickens, that the State sove-
reignty not in the Governors SEAL but in the will
of the people. The great seal, which the Governor
has applied in the instance before the House. d.
rcctly defeats the recorded will Of the people, under
the hand Of the Judges of elections We think no
stronger be furnished of the invasion OF State
Rights, in far they comprised in the sovereign
will of majority Of the people, constutonally ex-
pressed, th1n that furnished BY Governor Pennng
commission to Messrs. Halsted, Aycrgg, &c. He vo-
lated the solemn obligations Of law under which he
acted, in not counting the whole vote of the State and
in sending for it to This defeated the will
of the people, solemnly expressed through their Le
g'sature; and this disregard of law, which he was
bound by his oath to execute, deliberate step
taken BY him. in collision with the transmitting officers
put down the sovereign will of the people directly
expressed by themselves at the polls This We hold
be fragrant usu-pl:oa the part Of the Executive of
the State to crush State Rights although upheld
side by the Legislative power of the State, and the
other By the majority Of the people themselves.
MIR. Pennington, the Governor, who is made by
party the instrument of this invasion of the rights of
the State and of the people, had precisely the in
terest TO sacrifice the majority Of the people the mi
nority, that the Pennington Representatives have to
effect the purpose the foor of the House He
is himself VIGOROUSLY a minority Governor-clected
by Legislature which itself elected by that very
minority upon whose votes he based his false ceri-
Gates. 1t has been repeatedly shown, and has never
been questioned, and cannot be denied by his repre-
senatves here that the State New Jersey has been
gerrymandered in such way as to enable minority of
the of the State elect majority of the Coun
Gil and House Of Assembly, and it is the Joint vote of
these two bodies that he his election as Governor
The abuse in this particulars notorious gross and pal
pabe The statistics of the State show that the ratio
Of representation in the Federal counties and Demo
cratic counties uncqual-two votes in the Federal
counties about equal to three in the Democratic
counties 1t results, therefore, that the same sort of
fraud has been pepetrated BY the Federal Legislature
in DESTROYING the lust weight of the popular vote in
the Legislative body there has been perpetrated by
the Governor HIMSELF and his petty agents. the County
Clerks by suppressng the votes of two townships to
return the minority Federal candidates to Congress
We ask, now, what safety is there for State Rights,
if such Executive usurpaon receives continued coun-
tenuncea How easy would it be for Federal Exc
cutve in Government like ours, to ally himself
with such petty State usurpcrs, and induce them to
commission members of Congress when any great ext.
gency should to require it: What Governor
would ever want better pretcIs than that which the
Governor of New Jersey has recently acted TO set the
will Of the majority at defiance. IT, instead of Speak
er, President to be elected by the vote of
New Jersey, the fraudulent certificate of Governor
Pennington would be warrant sufficient to effect it. il
the validity of these certificates may be contested
at the Threshold. In what pcrlous condition, them
may not the rights of the States be placed if the Exc
tive of the National Government has the way open
him to command the votes of whole State by obtain
ing the signature of the Governor with the great SEAL
although It may contravene the decision of the people
at the polls
THE NEW JERSEY CASE
The Constitution of the United States, Art. l. Sec
declares that 'he House Of Representatives shall be
composed of members chosen every second by the
people OF the several States and the electors in each
State shall have the qualifications requisite for electors
hoft ha Iau atura'
aNo person shall be Representative who shall not
have attained to the age of twenty-five years. and been
seven years a citizen of the United States, and who
shall not, when elected, be an nhabtant of that State
in which he shall be chosen Ii also declares in sec
ton 4, that the times places, and manner of holding
elections for Senators and Representatives, shall be pre-
scribed in each State by the Legislature thereof but
Congress may at any time, by law, make alter such
regulations except as TO the places of choosing Sena-
tors. And, in section s. that "each House shall be the
Judge of the elections returns, and qualifications of
own members. This is the whole provision of the
Constitution of the United States on the subject Con.
gress has not passed any law but each House retains
in its own hands, unettered and unrestrained BY any
regulations except that of the law of Parliament and its
own usages, the sole and exclusive right to udge of
the elections returns and quai fc0tonS of its
bers in each arises The Legislature Of the
different States, in prescribing sthe times places and
manner OF holding selections for Representatives,
exercise delegated, not an original power as State
IN the penitude OF its State power but subordinate
the Constitution, and derived from it, Such legisla.
ton is for the use of the Congress the United States
aud to be carried INTO effect and consequently ultimate
y decided, by Congress alone When the Legislature
Of the State has prescribed he times places and man
ner of holding elections for "Represen,atives its
power is exhausted 1t has power the results
nor over the returns, and Congress has the exclusive
right to determine upon the returns the result of the
ballot box and who were chosen Representatives by the
people of the several States.
II an organic law Of our institutions, that wherever
the people have right to choose the choice is to be
made by majority of the electors entitled to vote No
State Legislature would have right prescribe by law
that person. having less than majority of the votes
of the people of whole State district las the case
may be should be chosen Representative nor to dis
franchise any part or portion of the people of State
shaving the qualifications requisite for electors of the
most numerous branchof the State Legislature" Such
laws would be absolutely void If this be conceded it
follows that no State law prescribe that any part
portion of the votes of the people ofa State shaving the
Hnn1 EH.A.