The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-10-30

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by the clerk Of Cumberland, was general one. in
strict conformity 10 the Act giving the aggregate vote
for each candidate IN the whole county without spec
ng the townships and purpored 70 be full return Of
oil the votes m the county Was this return 10 be
jecied and il So for what ressoni The return OF the
clerk Of Mddesex specified the townships. and a. 10
the township Of South Amboy, declared that return
had been made TO him from that township according
lawi Il 10 idle to talk Of sny such power the exer-
else Of il would violate the whole spirit and intention
OF the act i. 10 not perceived that such construction
would make the Governor and Council, who BY law
are mere couniing officers. the arbies Of The whole
election, and f they may 60 this length without the
sanction OF law, they may, with the same pfop'ey'
hold grand inquest the whole election and CIT IN
judgment upon the entire So arbitrary and
illegal act the part Of your executive officers,
would receive universal condemnation. il has been
further insisted that the Governor bound by law 10
send TO the clerk Of Mddesex for return Of the votes
Of the township OF South Amboy, which by his cerf-
cate appeared not TO have been made to him according
10 law. have searched in vain Tor any such law
None such exists. The only provided fcr by the
statute is where The clerk OF county makes return
al all In such the Governor has authority 10 send
for his return, and only in snch There were re-
turns made by the clerks from every county before the
count was made, and by law were bound to accept
and act upon them. The precedenis were found on
enquiry TO be all in conformity with this view Of the
case There is not single instance where any Cover
nor and Council ever went beyond the clerks return or
evidence
On the contrary there arc many cases which sanction
the construction which WAS adopted. Several OF the
members Of Council had been members two yesrs be-
fore, when the very questions arose IN case from
Somerset county and the rule considered as settled
by that case.
You will perceive that place myself and those gen.
,lenen who acted with me, upon the single ground Of
having faithfully executed the law II we live under
government Of laws, must follow them, implicitly,
without fear or favor aud all good citizens viii sustain
their public officers in doing II any injustice has
been done, the remedy 10 plain The power is
with Congress they alone have the right to recy the
error II any exists.
So far the conduct Of the clerks Of Middlescx and
Cumberland is concerned it does not become me to
speak That they acted faithful public officers
der solemn sense Of obligation and with high regard
Tor the authority Of law than the praises Of
! men, never had doubt
is much to DO regretted tina. this question should
have assumed mere party aspect. From that moment
all reason and argument ceased and followed only
by denunciaton and passion II could believe that
possessed secret spring Of action that looked like
desire TO usurp either the personal political rights Of
the humblest citizen Of the State should hold myself
unworthy Of further public confidence No, gentle
men nothing is further removed from my wishes or in
tentons, and feel il right thus publicly TO assure you
that all the allegations which have been made, Of any
interference my part either direct or indirect with the
clerk OF any county TO the nature form OF the re-
turn which he should make, utterly without founda
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am led to this explanation in this place not so much
from belief that il is all necessary from ha-
bitual respect for the opinions OF my elow-citizens
No single subject in New Jersey made more
direct question before the people at election than
this has been They have rendered their Judgment and
while have reason public officer to feel, as do
feel highly grated at the result, have desire TO sp-
propriae II TO myself as personal consideration. but
shall always regard it as testimony OF noble and In
teigent people, in favor Of the laws and their faithful
execution. leave this whole subject with single
mark which the history all governments proves be
true, that The rights and liberties of people will
be in danger from any man. however great his power.
exalted his station who exercises the authority
ferred upon him within the prescribed limits Of law, and
that they safe in the hands Of any who trans
cend those limits
It naturally be expected that amid the conflict
Of parties ofentmes nearly balanced defects would be
discovered in the law regulating elections. The laws
Of this State this subject had been passed at different
times and scattered through the Statute Book,
that il required much investigation TO ascertain any
disputed point what the Law really This rendered
necessary that they should be compiled and brought
together, in single Wow The principle con-
coded by all that the law should be framed
able the counting officers to give certificates in the first
instance TO those who should have the largest numer
cal vote, leaving the other party i so Inclined to urge
his claims before the constitutional tribunals. The ex-
animation made by the last legislature in deciding the
contested election in the county Of Cumberland had
shown great abuses Of the elective franchise great
to have changed the representation from that county
the Legislature not corrected and the public voice in
many parts Of the State required Of their representa-
,ves provide remedy for the difficulties and defects
which experience had shown TO exist These consde-
raons led TO the passage Of the act at your last session
entitled :" an Act 10 Regulate Eectons''--I am not
aware that that law makes any material alterations in
the principles which have always prevailed in eec
tions. Il does alter the mode Of conducting them.
The qualifications OF the voters are nearly the same
and the requirements respecting aliens only decara-
ton Of what the law before. The only legal evil
dence Of naturalization has always been the record
duly certified copy Before this act different rules OBJ
tanned on this subject at different polls Al some the
production Of copy Of the record required and at
others not The rule must now be uniform. and am
satisfied that experience will prove it to be right. The
law intended to interfere with the rights Of
any legal voter, but only to prevent frauds. The
stranger who seeks among q home, whether from
oppression choice, has right to full protection the
native citizen His person and his property
are as sacred. When naturalized, he has the same
privilege as voter and all have common interest in
preventing this privilege from being exercised BY those
who allegiance to foreign powers was TO have
been expected that there would DO individual cases OF
hardship arising under the law when first carried into
effect which will again, and cannot but
believe that If correctly administered it will meet the
wishes Of the people, You have been able to observe
wha, has been practical operation in your respective
countless IL be calculated to deprive by any Of it's
features the legal OF the exercise Of his privileges
it should be promptly altered bot the safe guards which
it has placed around the ballot box should be adhered
TO as the security Of the citizen. Unless these
maintained, i, is but mockery to continue the forms Of
an election.
In compliance with the direc ion contained in the
last of series Of Resolutions passed al the last
sion of the Legislature, in relation to the Public
Lands, forwarded shortly after their passage CO.
pies Of the Resolutions, together with the report on
that subject to each OF the Senators and Representa-
tves in Congress- from this State and TO the respec
tive Governors OF the several States Of the Union.
The interest OF The old States in this immense inhe-
rance earned by the valor of cur fathers can never