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

and both sets of claimants are therefore, interested in
selecting the Speaker. The House must be first or
ganzcd, before Speaker can be chosen. ha' or7a
n;zaton is Effected according 10 the uniform, settled
usage both Of Parliament and Congress. iv the Clerk
III the Ia:: House calling the members. from roll by
han previously prepare for The purpose, ih!s In""c
is as ancient h Parliament Itself lh,s il ONLY pre-
lm;nnrr incpicut "rsansat"n n enable the Hons"
+, ciio"-. = : pru,.r. which, must prrccdc any ieg.s
El:,yt action. - the Speaker cn!y can qnaGit :hc
members: without which they cannot act lcgsiat''F
Or otherwise. Reason. tcrcfot". as well a. usage
concur in d..!,2.dn g dat both SETS 81 claimants
should s:aud aside mn! the lnHSe IS fully "rIantzrd
II may b.. that such Il proposition may 10 made by lar
claimants themselves; but with ar without Their con
sent the lonsc II t. themselves - "ii"rce H. as
soon then a. Speaker l. c"scn and ili"se ncni"F"
whose contested sworn, toaSc will ne
formed competent in thu true sense OF the Constitution,
"o ;udrc of the t"ctons returns. and qualifications "f
their own members, and not TIL then. il i competent
rn the House its preliminary. nc'rent organ i3ati'',
Ia determine who members, II II does mol hv"lV'h
udnmcnt on The election return, aud qualification 81
mcnbcrs This hy ancient USAGE, done by the C"TA
Il the former House calling r"n The 70" wli'c' M '>
prepared according to that usage Soprosing tie @pa.-
or chosen, and the mrmbcrs sWorn whose seats are '
contested which sci OF claimants entitled {" ,c't
seats
Tn. commission If the Governor of New Jersey de-
riys no additional sunclty from the great seal oi the
State. Congress have prescribed no such medium ni
evidence and the Governor is mere organ or aux ~
the law Of ~ Jersey construed by The GovcTh" ana
his Privy Council mere ministerial officer. 10 east NJ!
t! votes o all The several counties ol un whole Sta'
of ~ Jersey. and nc has authority to determine "A
ccp; upon the lists which the clerks oil The several c"i-
lies choose send him. mut:atcd or unmutiatrd "!'-
thcr such lists contain the Votes OF the whole, rr Only
pa ri Of the townships composing the county tie caIiio;
ur,. AZ he himself says. hu is mere arithnletcia'
!, add up thu, lists - furnished. HIS commission Is
Granted uunn this at ms duty. Restrained as ne
a L.. 4. ,.t,r..L
TINS by his construction oi tn" law M u'clif'a
al would t.. 10 me Thim most painful rcilcct!ii
w,rc fhel 10 llicvc that the restraints under winch
w,. Ithryl are placed hy III" aw ." not going beyond
the certificates n the county clerk, would deprive any
candidate, of his intimate right The House OF kcpfc-
scnativcs must and will decide, ut" nn' upon HE com
mission hui UPON the fact OF which persons had the
rrca,cs, number of votes cast for them at The ballot
hny The commission oi the Governor IS mere GER
t,fra,c or return not decision. and IS merely Pr'""
fgci evidence, thai the person holding the cpinnIsS'"
had the creates, number vi votes ana III ItS very nature
i only urim0 Jaco secondary, and prcSuppostS some
better or primary evidence behind. on which II prcdi'
Gated The urinary original evidence is the return OF
the Judges r election, or poccri!i!ca'r; All oilers
are merely secondary; and when dispute ARISES You
must III COURSE, ascend I" the primary evidence
The commissions secondary prind iacts evidence
stands only until thu hrst and only primary evidence
app.ars This hest evidence is the poll returns, winch
are hctor. the House. and the House decide as well
without as with the Intervention OF 4 committee y
committee is only necessary to settle disputed facts
The first and ONLY question IN deciding who are entitled
to seats prima far who, by tIc returns Of the POLLS
has The greatest number Of votes actually given
fConicsird Elections. l2, &c. Whenever il appears
inquest nabv 10 the House that The commission Is
founded upon INITIATED returns, caused by STATE Oil
Ger supprrs>jn. returns "miitir" them, tor an!
cause stch commission to h.. PTmn t"'tf
evidence. and must hr rejected and had the
PRIMARY or best cvidrnccth" "riI nal returns or LEGAL
copies of them. Congress has never. by law rule
az even lSagr, determined the Kind Of evidence ih"y
viii receive al elections returns 1t j. cumvcn"i
and perhaps best. To leave il as II Is thus holding the
power in their hands umiricrcd 10 be exercised ~
such way viii best prevent fraud. error, or m;stah"
to secure. all cases. the purity ot elections, and 10
uyc ELECT he o tn" majority III" people cn'
ld 10 send Representatives to Congress. Hence IN
election cases ;Ac House Of Representatives disregard
forms and look only to substance"
The question thu right q srat Is narrowed Ia
the simple inquiry, who had majority Of the votes
east bv the people at the lllo-ho |! ~ Ia be- dcc;.!,
primarily upon the returns Of the poll "!ic"rs, disrr-
"ard;ng form, and looking omr tn sIbsinnr" i!t"r
tla, quest On decided. aud justice done the RIGHTS
Of the States. by awardn. the representative seats 10
these who nave The greatest number of votes Of the
people of il States Interested ihcu amd 10: tiIi then,
can The House h" prepared To inquire It pcrchancc
such inquiry should become necessary IN respect 10 any
ultcrior cinim contest which may moved respecting
the qualification Of voters, and thu mode of conduct.
Ing the election. hc mrs; question relates IT, tir,
turns SOLELY, and il always 10 be decided by record rri
dcnc which tho House is competent to decide, upon
inspection Of th, records themselves. The ccoEd
what Ia.- 10 The circ. ion Of members, necessarily IN.
wolves parni and every other species of evlGac and
must h, presented I" the House hy petition, setting
forth the facts. and referred /" committee Ia as"cr.
tan. those facts before the House, according Ia H. law
and usage, can act The person having the greatest
number of votes which cast II the polls priGe
tacic entitled and must hold his seat, until he who al
lcrcs such fraud illegal vote pro"cS the fact to the
satisfaction Of the House.
From hc sdd..J
| ABOLITION ~ II as AtIII SET'TS