The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-12-14

,rne 10 be lrue this House would be at the mercy Of
conflicting Judgments In the States one party or an
other might, from time time, be in the sscendancy
Il is 10 accordance with the very genius Of the Govern
ent that this branch Of should be independent, and,
10 order 10 maintain iss Independence, must DO the
exclusive ladge OF the returns You cannot get over
that plain and papabls provision Of the Constitution
II pretended here that any local authority 70 given
10 the officers Of New Jersey TO purge the polls alter
the votes have been deposited did not understand
that question have been raised but, repeat, 10
admitted that majority Of the votes were on the other
side That being so. contend that % Tor Us 10 say
who entitled 10 the returns, and that that single
question does involve other questions in regard TO
the elections
am no, disposed to treat with dsrespect the cert-
fcate Of the Governor. This House has no right to
pass censure upon him. He acted State officer
and If he did not probably act with wisdom still do
not doubt that he acted under conscientious belief
that he ministerial officer of the law That
may be. He may have supposed that he doing his
duty. He gave the certificate upon the returns made
by Clerk and announced that he could look be-
hlud them Tie looked upon himself as the mere mi
nisteal register, and supposed that his certificate
to be viewed IN that light, and in that light only But
other gentlemen may be entitled the returns,
withslanding his certificate. And my proposition is
this That there is authority IN tho State Of New
Jersey Judge Of the legality Of votes and that after
the votes have been deposited those who received the
majority are entitled the returns and that we are
made the sole and exclusive Judges OF the legality
contend that there wisdom this provision Of
the Cousullon and that the trainers intended Us 10
bs CO ordinate branch Of this Government, entirely
independent aud that this House alone should ide
upon the elections returns, and qualifications OF It's
members Without that provision, what comes OF all
our Independence contend that the question is
before a tangible shape.
Some gentlemen say that the House Is not con-
s,luuonslly organized. i think there is conlu-
sion Of IDEAS here The Constitution says:
Congress shall assemble at least in every
wear and such meeting shall be the fret Monday
December, unless they shall by law, appoint differ
ent day"
That, CONTINUED Mr.. P) is the day appointed BY the
Constitution for Congress to assemble. What is Con
gressl Analyze the idea. IL is composed of mem
beers elected by the People Of the States, who
chosen every year under the constitutional provision
and who entitled TO assemble here as the Constu-
ton directs. Now gentlemen suppose we mus, take
oath before act, judge or decide. Let us
read that provision, and it is to be observed that
this is mere general provision
The Senators and Representatives before mention
ed aud the members Of the several State Legislatures
and all Executive and judicial officers both Of the
United States and OF the several States, shall be bound
by oath or affirmation, TO support this Constitution
Now, Continued Mr.. P.) will ask. does the Const
tuition prescribe the time when this oath shall be taken
Does say that it shall be the first, second or last
day of the session. The law of 1889 prescrbes and
the Oldest member this floor to administer
an oath the Speaker and then prescrbes the mode in
which the Speaker shall administer it 10 the members
But contend that, the Constitution itself having fixed
the day OF meeting, are body on the hrst Monday
Of December, competent TO decide on questions OF re-
turns, and, If think proper, to go into the whole
question Of election That would be vastly inexpedi-
But a question Of mere qualification and re-
urns-f question Is raised, and It Is objected that
class Of members be falsely returned, then
competent to decide that question: aud we must from
necessity do SO.
Now, let disentsngle ourselves from this confusion
Of ideas The constitutional apportlonment OF Repre-
sentaves gives 240 members of this house, and the
Constitution has made them exclusive Judges ques-
Of elections. and qualifications. Suppose,
instead Of that constitutional provision, that 1t had been
declared that and be the exclusive Judges
in all cases would there be any difficulty III deciding
the question! The whole confusion arises from the
idea Of having 242 Judges instead Of one. II ony one
Judge hsd teen named by the Constitution there would
be difficulty in deciding the whole question on the
first day.
Viewing the subject in this light and foreseeing the
difficulties pointed out by my colleague. was disposed
confne the whole question to question of returns,
aud contend that the competent Judges Of that
question, whenever we think proper to take it.
In presenting these views to the house, have acted
entirely my own judgment; and have introduced
resolution to meet the precise issue, according TO my
conscientious conviction OF the truth OF the case.
believe that we are the Judges believe that, accord
ing the developments which have been made on this
floor the gentlemen who have the certificate Of the Go
entitled to the returns and so, believing,
am prepared to meet the question. | was prepared
TO do several DAYS ago repeat that am prepared to
now, frankly, fairly and boldly, before the
world, without the trammes and collateral issues that
have been thrown around it by special pleading act
here on my own responsibility. do not propose any
thing here which is the result Of concert OF Caucus
OF understandings entered into out OF this house. act
alone upon my convictions of what believe be true.
and right, and Just. Sir we have much of
party organization and party drill II there is one evil
Of fhe present day greater than another that mlser
able party spirit both sides, which disposed
draw every member into humble subservency to the
dictates Of few leaders
There is another sentiment which / entertain, and
which will here avow. II is this that, for the last
years. there has been too strong Executive action
in this Government, and it is time that the Representa-
Of the People should their independence,
aud rample the ties Of party-looking only TO the
good of the country to the sancty OF the Constitution,
and TO the preservation Of their honor and lnde-
pendence. II there be object more dear to me
than another, is, that may this house redeemed
and regenerated--that may see It break loose from its
subserviency to that Monster God Of Party which is
reared up on every side, and which claims from its
TINS base, devoted, and blind idolatry.
SIR, have proposed a resolution which believe will
NEE, the truth of the ! believe that the
exclusive Judges. made by the Constitution ITSELF in
language plain to be misunderstood. / maintain
also that there be concurrent jurisdiction upon
this question by any State authority and, IN maintain
ing lhls, 1 maintain the Huepehuehce OF TINS mouse,
which believe be essential to the preservation Of
American liberty.
The propositions, then, which desire to be decid-
ed are, first hat this House is the supreme and sole
judge oil the elections, returns, and qualifications of
its members. And, secondly, that no State officer
has right 10 judge oil the Legality Of the election
after The votes have been received and that those
who have received majority Of the votes polled are,
by law, entitled to the returns And, upon that prin
cipe voted yesterday in the Of the gentleman
from Pennsylvania, Mr. Naylor, II is precisely the
CAGE al Ihere ha di fferenI reiurns.