Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-08

Of every legal vote he may havecevsd at the cleo.
ton" And by his message, data the fourteenth Gay
of this month"; complains that theNouse of Represent
ativrs of the U. s., which tribu he had previously
referred the matter for decision, l1e exercised tncir
clear constitutional right of )udgi OF the election
and returns Of lis members, nd calls upon tie
legislature of The State Of New Jsey ito vndlcate
In, abused honor and violated ghts the State IN hrin
and manly tones, because the Houe of Representa-
tiyes ma VIC not admitted the persons esced by hun, OF
the persons chosen By the people, to take their seats
until they Judged who had the greatcstp of votes
from the whole State for such Representatives, and IN
The rights of the respective clians TO seats
in Congress upon their respective cla;Is Therefore,
| be it
sebu of The etc Of ye,c Jersey, That tie right of hc
Legislature of the State of New Jerseyto prescribe
the tines places, and manner OF hodngelections tor
REPRESENTATIVES. does not necessarily, ofn any way
include the power to prescribe the manBr in which
the result of such election shall be ascertarsd and GER
lifted so as to disanchse any portion of tho citizens OF
the State of their right OF election, after tn, polls are
closed or defeat the voice OF the majority of c people
admitted vote, by the Judgment OF the officers hold
inp the election either for the mistakes ignorance ne
rIect or fraud Of returning officers, by the use of the
treat seal of the State That elections tac acts OF
the people in their highest sovereign capacity and "th.
returns commence when the election terminates, and
are the acts Of the agents Of the people, and the former
cannot be either directly indirectly rendered null
and void by any of the latter either of omission
j commission.
Ind Be II reso'red By tho authority aforesaid, That
the authority conferred BY the laws Of the State upon
The Governor thereof, TO commission her representa-
lives does not authorize him to elect representatives
10 iudue who are elected representatives, aud such a
ority is not exercise of right of the State in its
sovereign organic capacity, of any reserved right of
State under the Constitution but of power derived
from its Fcdcrative capacity party to the consttu
tona compact and subordinate to the regulations of
that compact and that such authority makes tic Go
vernon of the State mere returning agent OF the House
of Representatives of the u S. and special limited
authority or trust which must appear upon its lace TO
he or in point of fact must be substantially pursued
and any commission granted BY the Governor found
ed on the assumption of the right OF determining
the six persons who elected Representatives,
instead Of determining the six persons who had the
greatest number of votes from the whole State, by
CASTING IN the whole numbe, of votes from the sevc
raj counties thereof, is null and void commission.
and as such when bona de contested before the lawful
tribunal gives right to the holder to claim and cx
crcsc the duties ola Representative Of the people OF
r the State until the is PASSED upon by that trbu-
nal and at best only be considered rs evidence
Of title and not The title itself to membership, which
can only be conferred by the voice ohe majority of the
people, given the election held at the times, places,
and in the prescribed by the law OF the State
and appearing upon the whole returns q All te ocers
holding the
mi be a rfsolrcd bg the authority ajortSa.d. That
the certified lists well those made by the respec
tive clerks of the several counties those made By
election officers OF the said townships OF Al'iiv'e and
South Amboy, and the minutes OF the Governor and
Pryy Council having been delivered to the Secretary
of State of New Jersey, by the Governor thereof
be kept and actually filed in his Office, became, and
are public records and the SAID Secretary of State is
bound BY law and the duties of his Office 10 make and
furnish copy thereof and certify the under his
seal of Office and such certified copy is in pursuance OF
the law Of The land and is entitled be received
lawful evidence.
4nd be it resolced by the authority aforesaid That the
State Of New Jersey has by solemn compact contained
III The Constitution OF the L. s. delegated to the House
Of Representatives of the L. s. the sole and exclusive
right of udgng Of the elections, returns, and qua
cations of its members" And such right cannot be
withdrawn or abridged, without violation Of that
pact and fraud upon the right of her sister States who
have an interest iii asccrtanng that the Representa-
tivcs are chosen by the people of the State, and not by
their agents, and in preventing persons being Struggled
iuto the House Of Representatives. by the negligence
fraud of State officers, and in vindcatng the purity OF
elections and returns.
md be IL resolord bg the authority aforesaid That
under the Constitution of the L. S. and laws of New
Jersey, person has right title to scat in tho
House of Representatives. unless lie is chosen by ma
iority Of the of the people Of the State given
tie election held AT the times, Places and the manne,
prescribed by the Legislature thereof and that the
turns Of the election officers is Prima tnce evidence
the legality Of the votes gwen, and that the House o.
Representatives is the only tribunal before whom and
in whose discretion the same can be dsproved and
until so disproved the persons having the minority
the whole number OF such votes are entitled to their
I seats Representatives..
find be il reSoircd By :aG authority Gforcsaid That
the House of Representatives, both by the law Of Par
lament lis own usagcs and the Constitution Of the I
States elect Speaker, before the members thcrco
are sworn and that those whose seats derived from the
choice of the people undisputed have necessarily
the power to decide who shall be entitled TO seats
Stare If Ito wi 2
bona fde contest exists as to whom majority of votes
are given at the polls tho said House of Representa-
tives may require the claimants &c stand aside unit
that fact ascerained but after it is asccrtaincd, The
claimants having such majority prtma faeie entitled
their seats, and to represent the people, until tht
question the merits of an election, fany such should
be presented, and which only he raised by petition
shall have been decided, nad that the members whose
rights 10 seats are uncontesed, in the meanwhile com
pose the constitutional House of Representatives, boil
before and after they sworn and may exercise al
the powers conferred upon that power by the Const
tuition of the United States K: u appropriate action
ind be resoIced by Tire authority aforesaid Thai
the act of the Governor OF the Strte OF New jersey II
using the great SEAL TO commission Messrs. Aycrlgg
iials,ed Maxwell, Strat.on, and Yorke, founded npor
an assumption that they duly elected by the poo
pie of the State of New Jersey their Representatives.
which not true, and of which he had no right tc
judge even true, instead If determining, as he ongh
t. have DONE and spread such facts upon the face O
his commission, that they had the greatest number O
votes for the same, which was the only fact he had
right to determine, and The act of The said claimants
under the said conGiisson in claiming seats. and tit
proceedings of those who supported them in their
lawful and unconstitutional claim, has deprived New
Jersey hitherto Of portion of her constitutional Repre-
sentavcs, and there has been any gross outrage upon
the rights and feelings of the people of the State of
Jersey, any palpablc violation ofthe Constitution
and ofthe parliamentary law established by reason and
unvarying usage, ii has been committed by them, OF
sprung from their acts in attempting to force, By the
solemnty of broad SEAL members who not elect
ed by the people, il the place ofthose whom they had
lawfully chosen TO represent them; the first claiming
their seats by the acts Of omission commission of The
agents servants of the people, and the latter by
the election Of the people themselves.
find be Il rcsolred by the authority aforesaid, That
while it TO be deplorcd that the acts of the agents OF
the people Of this State, should thus deprive them Of
their lawful representatives, and that the said Go
vernon should now attempt to ceHsure nrllify The
action of the House Of Representatives, exercising
what he admits 10 be their constitutional and exclu
sve power yet il is consoing 10 reflect, that the action
I.It.--