Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-12-14

l'rt eeHteiilcl rcad inc law oil view jersey, ana tiv
VIII LOOK III vain there for any authority the part OF
the mere returning officers the clerks of countless
the Governor and Privy Council, to enter the ballot
boxes and REJECT votes the ground that voters were
disqualified. They were mere returning officers, and
could not arrest votes their this House. the
only appellate court, after the primary court the board
canvassers the keepers of the ballot boxes had passed
upon their qualifications. No had pretended, no
gentleman could Pretend that the county clerks and
Governor and Prvy Council, could act in judicial
capacity, and purge the polls. These then most
important admissions, made by the only undisputed
member from New Jersey, and the ardent friend and
supporter of the claims of the Governors members
We could have no further dispute, either ABOUT
the facts of the case, the law of Ncy Jersey They
were not only ncontestahy proved by the papers on
the Clerks table, but were unequrocally admitted by
the sole Representative of the State in question What
course, then, should pursue in relation reading
papers:
Here Mr.. Y. said he would state how far he thought
we ought 10 tolerate the reading papers in this state
otprclimnary organization. He had no doubt We were
competent 10 try the whole after the roll called
and before Speaker was chosen: hut the argument Of
inconvenience might, AMI he thought should, deter
from going into the question of disqualified voters be-
fore the House fully organized, because We had no
Committee of Elections, and that question generally
depended upon vnluminous and conflicting testimony.
upon the CO nscrat:on of which il might be IN
convenient 10 enter before complete organizations.
But this objection did AM " to the reading Of pa
perS designed to show the simple proposition that one
or the other set of gentlemen, GrcordinG 10 the bai0i
bo1eS received majority of the votes THIS Ceneray
was, and in this most emphacally question
capable of proof by mere isolated document, return,
other paper and in this proved only by
such document, but by the admission of the member
from \. Jersey himself Mr.. Randolph. Was there,
he put il to the conscences Of gentlemen any dispute
about the all-imporant question Of fret that the
Governors members did not, according 10 the votes,
,I fl,.
in the State: What was then, the safe course the
course he had almost said, 10 which impcrious duty in
PEELED the House i'll this case Was proper to discuss
this point upon ths mere question Of order Other gen
temcn had pointed their remarks to the main question,
and while he was up, he wouldtc the House what he
Thought We lmpcrously called upon to do matter
Of warning and example to county clerks, Governors.
and other returning officers: yes, called upon 10
do caution future Governor Penningl ~ g:
some clerk Fthan, that they, mere returning officers,
could not suppress the voice of the ballot boxes, and
for Il moment give seats to mere prrtcndcrs on the
ground that the ballot boxes contained that ought
to have been given. Let il once r. forth tlat
partisan clerks and partisan Governors can n an m
defeat the voice Of the people, and GENT man,
candid for the honor Of seat here, could have
complete guarantee TINT he would be permitted 10
take il at the opening of Congress, though elected
by majority never 50 large. We should do then what
;lc Governor and Privy Council should have done
give the Gentlemen the certificate seats who. accord
10 the returns and record and truth before them.
ouph have had It,: and then, if the minority cand
dates want To purge the polls let them approach Us BY
pei;,io or least tell all the candidates to stand back
until the House, by complete organization, shall ac-
1urc facilities to look into the whole The course
proposed by those who supported the prctcnsons of the
Governors MEMBERS would hold out most dangerous
temptations 10 these min Scral officers to COM
nit frauds They could, under most frivolous pre-
texts give to minority cand dates certificates. enable
them 10 aid us in the organization of the iousc,
aud. urradvcnturc, tn sit with US here, and exclude
the true members for months; for those gentlemen
who had had any experience Of cases OF contest
ed elections, knew how slowly tcv generally pro-
dressed here. He would then place. at this stage Of
our proceedings, all the papers that went to show Th"t
tres the popu'er r0icc. crpyfssN through me baHot
borts and would not consent TO hear any athda-
wits that went he Yond them. He had learned that the
Governors members, either TO their retreat or TO
supply themselves with the sembancc of prctext for
claiming their seats. had recent taken testimony
under law lately passed by the Legislature of New
Jcrscv that they had sat very quietly for nearly year,
and then conceived this after thought He would not,
before organization, give them the benefit Of this after
thought but would, for the safety Of all future candi-
dates first purge the case of the fraud of the min
terra! and returning officers. Duty and example re-
CURED this.
monv on the Clerks table, whether il legal testi-
monv He had heard much here, not only of the COM
mon law bat Of evidence taken according TO the COM
mon law. The common law was first drawn into the
service by his friend and colleague, (Alr Barnard} who
delivered tcrse and so clear argument last week
as rood an argument could well be made the wrong
side Mr.. V. asked pardon for this DEPRESSION. 1t was
dictated bv his heart His colleague and he had been
classmates in their boyhood they had ourneyed toge
Their through the delightful classic tale Of IEneas and
Anchises, and gave him pride and pleasure TO witness
efforts from him. here elsewhere that were creda-
bic WHY was the evidence TO prove the actual mao-
rtv insrlicen Was because it did not up 10
the mark Of strict sense, common law evidence: Was
not enough to satisfy our conscences: Did we ever
exact more than this the discharge of orr legislative
duties, Ask Committees of Claims what evidence
they act upon what testimony il is, upon which mil
lions Of dollars have been voted away To satisfy claims
on the Government; They VIII tell you that all that
they require to be convinced, and that this conviction
is generally induced by adavs taken partc, before
magistrates in an extra judicial form: and for the max
mr. Of which, no indictment be had for perjury
Do YOU sill doubt where the truth and justice of the
cas-? in reference 10 the votes actually Siren lies; DO
you doubt The evidence 81 the Clerks table: DO you
doubt the answer Of the member from New Jersey, Alr
Randolph
Mr. EVERETT had no objection to The gentleman
from Ohio (Mr Duncan) having the documents read,
which he had called upon the Clerk to read, Il they
were be published part of has speech; bat he con
tended that they could not &c received evidence be-
fore the House in the now al issue Let the mat
ter be argued it would, the question would come
back the end the certificate OF the Governor OF
New Jersey, ard if that in the form required by
the laws the House would be compelled TO admit the
members from New Jersey holding those ccrtihcatcs-
With regard to the argument of the gentleman from
New York, (Mr. vanderpoel0 he looked upon as an
argument to the people, and conendcd that the adnis
sions of the gentleman from New Jersey tNir Ran
dolpl( could have no weight upon the House in coming
to decision. The positions of the gentleman from
New York with regard TO the members claiming seats,
having majority Of the votes Of the people, were
yrarndicss
AIr EANDERPOEL stated, that his position was,
that the COUNTY Clerk and Governor were mere re-
turning officers who had right TO 80 beyond the GER
ticates.
Mr. EVERETT held that the returning officer to
his House. under the laws of New Jersey was tie
Governor of the State, and his certificate was only 70
be SET aside by the House after was organ zed and II
gentlemen attempted 70 pursue the course Indicated on
his floor they would ovcrieap the barriers Of the laws,
md introduce a precedent which would lead to conse-
luenccs which ought to be dreaded BY all the friends OF
H.