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

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trn;na officers to Congress- such law would be uncon
sttutona and absolutely void Can these propositions
be denied; So also is admitted on all hahds' it a.
ter the poll had closed, returning ottccr-wnetie
township election officer county cleFk, OF uo',tho
with or without his Prry Council could Judge either OF
the elections returns, qualifications OF Representa-
tves, them aside, or suppress returns, u" uh
cause whateycr-they had authority over the result
ofhe election They were mere organs OF TRANSMISSION"
of the results of the baotbox to Congress- the township
officers to the county clerk who TO aggregate the
whole numbes of votes each township, aud the coun-
ty clerks to the Governor who was to aggregate the
whole number of votes each township III each cou-
ty in the whole State, 10 Congress The township on
county clerks and the Governor were several INKS
in the chain transmitting the votes of the whole State
TO Congress- and the State had, by voluntary legsla-
ton i'm posed them certain duties for the use and
convenience of Congress. The main and important
duty as respected the action of Congress, and the IN
tent of the law of New Jersey, to ascertain winch
six persons had the greatest number o. votes OF the
whole State for Representatives from that State ms
duty, II is adm tied all hands, not performed
nor has this intention been carried out One or more
links were broken; the township officers, or the county
clerks, the Governor, did not do their duty The
Governor admits that the county clerks did not do
their duty, but he says it not his duty to compel
them He was restrained by law from counting The
votes Of three hundred and forty electors, cast IN the
township of South Amboy, and three hundred and
six electors cast in the township of MLvic, at an
election held i'll those respective townships, at the
times, and in the manner prescribed by the law OF
New Jersey, and by this means, the votes OF SIX
hundred and forty-six f.ecmcn Of New Jersey are
suppressed, and they thus DISTINGUISHED, and their
right of suffrage destroyed. Will Congress suffer
this, The Governor of New Jersey says No; and ex-
presses his earnest wish, that in Congress- each cand
date may "have the full hcnct of every legal vote he
NAV have received ut the election Now, how Is this
be done. Why, the process is plain and simple and
free Of all difficulty 1t is for Congress to look at the
returns, and how the matter there stands and 40
what the Governor of New Jersey authorized by
law TO do and which unfortunately he so constructs
say he restrained by law from doing, and ''cast
up the whole number OF votes from the several coun-
ties and determine what six persons have the greatest
number of votes from the whole State, for Representa-
tvcs ain the Twenty sixh Congress from New Jersey
What is TO prevent Congress from doing, Is II not
their constitutional duty Judge ofthc returns of their
own members, Does not both the Constitution of the
United States and the law of New Jersey, give the
pria facc right to the returns to those who had the
greatest number ofvoes cast at the polls Does the law
of New Jersey restrain Congress- the Governor said
it restrained him. from awarding the seats to those who
have the ority of votes Noone will pretend it,
will they here undertake sustain the construction OF
the Governor Suppose Congress had BY law regulated
the returns of members Of Congress, (and this putting
the the strongest possible way for the argument
Of the Governor of New Jerscy) and imposed the
duties upon the township officers county clerks and
Governor and Prvy Council, the law of New Jrr.
sew has done, would Congress hesitate momcn. 10
compel delinquent officer to do his duty BY sending up
the returns; Would they, with the whole returns be-
fore them, hesitate TO whom they bound to award
the seats The great seal of New Jersey, Gratutously
ntcrposed by the State laws Of New Jersey, can
be estoppel against the truth. II is not broad
enough up falsehood, has it such magic
effect to convert lie into truth But it said that
the prcderS, under the divine right of Governor PEN
nngton have acquired prina nce right to their
by virtue OF his commission. The commission has been
disposed Of. II is only certificate of returns. Now,
that being the case what is this paper under the broad
seal of New Jersey? certificate ffacts From what:
Original returns Which is the best evidence the
tifcac of what record proves, the record sef:-
Who can doubt plain point s; The records
before Congress. Both the prma tacic evidence, and
the best evidence now before Congress- duly certi
fed, unqucsiinncd and unquesonablc except b.
shune prevarication that would blast the reputation
of any man. In addition TO this, Congress has before
them the copies of the minutes of the Governor and
Privy Council which abundantly prove all these facts
Which, then, is to be received: The prccndcrs say
the prima faCe evidence is TO be received Why is
plain rule OF law to be broken down to give preponder
ancc to the inferior evidence over the best evidence:
Why forsooth because the broad seal of New Jersey
has been used to verify State acts, but TO verify the
which the Governor has imposed on him auxiliary To
Congress in transmitting returns OF votes to the House
of Representatives. That broad seal cannot change
TRUTH the settled principles of law, the Dictates o!
common 1t magic mirror 10 dazzle or
blind Conrrcss-"a lie cannot stand Then the hest
evidence prevail the returns themselves; and they
dsp-oyc the prmn tact evidence of the Govern Or
commission, II indeed il be not contoundnG terms thus
TO designate it, 1t is SAID ALSO that if you dsre gard the
commission you deprive New Jersey of her representa-
ton. Not so; the right of the State of New Jersey in
this NATTER is that the will of the majority should prevail
that the choice of the people, not Of the county clerks
of Middlesex and Cumberland, of the Governor Of
New Jersey, should elect Representatives in Congress
The interest Of New jersey and her right also, well
as that of her sister States, is that shall OBJ.
trude himself in that place. without being the choice
of the majority, and if any does So it trenches
deeply upon the rights and liberties of the whole
United States. II is also said that the rights Of the
State of New Jersey are concerned in giving effect to
the broad seal of the State. The House the Re-
representatives. of the people of the several States and
they to look to the rights of the peopleno State
Governor nor State seal can manufacture Represen-
tatves in Congress for them. Again. it is urged
that Congress must give effect to the primG tucit
evidence arising from the commission of the Co
vernon, by admitting those holding it to vote in the
organization of the House, and admitting them TO
be sworn Not so; Congress have the whole evil
dence before them, the prima facie and the best evil
dence. The latter conradicts and destroys the form
err What then is the argument IF the pretenders
Allow u.s. on this primq acic evidence thus contradict
ed and proved to be false, TO take seats, elect the
officers of the House, be ourselves and allow il
TO be conclusive evidence to enable to assume
the rights and privileges Of representing the people OF
New Jersey and then will agree that il shall
TO be conclusive evidence and TetroTrade INTO prmG Ja
Gle evidence, and you may reproduce your best evidence
and much good may il do you We have accomplish
ed our object which was, to make primd arie evidence
supersede the best evidence until could attain onr
ends and then, with the skill ola conurer, ii suddenly
becomes prima acie evidence, after having played the
part of the best and conclusive evidence. There arc
some propositions that to state them, makes them to-
udicrous even for argument The argument of those
who support the prcendcrs is that prima arc evidence
cannot be contradcted and if is and dsprovcd BY the
facic evidence by permitting those who claim under
it to take the place of those who produce the best evil
dcncc until they have chosen Speaker and been them
selves sworn and then the House may do what they
can do equally well now, and what they must come
to ultimately upon the question who has the
greatest number Of votes upon the poll Ii is
idle, and than idle to talk about the efficacy of
prima tacie evidence, when met and rebutted BY the