Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1840-04-02

| he eutite,l 10 be returned, hut that he
woul, not be qualified TO take his seat
Aud this illustrates he wbale matter, thai
The questions are in their whole nature
distuc, sud separate. So il was, he said,
a man may have majority at the polls,
and YET may no, he elected; aud SO the
House might. decide that man was a
member, and yet Thai he was not entitled
TO the returns. They are. all separate
questions.
Here, in the development and progress
of this case, We have. seen one notorious
fact admitted by the papers, admitted by
the gentleman from Npw-Jersev, when
questioned II pom this point; that is 10 say,
that the majority of the volers of N. Jer-
sey gave their votes to o her members han
those to Ihon the certificate of the Gov
eruor has heen given. The gentleman
Mr.. Rnndolph) has admitted ilIal there
were rnaioriiy of votes on the other side,
but says they were moi legal! Now who
has decided that they were MOI legal D.
Was it The local authorities IF New Jrr-
sey! The Governor. the Clerk, or The
Judges of election! lay down this broad
proposition, aud challenge gentlemen To
the argument; that ther. ~ no authority
in any Stale officer TO judge and decide
upon The legality of vnres after they have
heen deposited in The ballot box. or receiv-
ed AT the polls. You may challenge Il
voter al the polls, AMI il challenged for
good cause, his vOfe cannot he rereivei.-
But ifyou 20 beyond this power, ifsroul,l
inevitably lead tn confusion and fraud aud
transfer the judicial power of this House
10 the local officers of States.
Mr.. Z. proceeded. The proposition !
maintained is. thai under the clause of the
Constitution of the United Suites, which
have read. we are created sole aud ex-
elusive judges Of The returns. ] Use the
lansuaee Of the Constitution. aud | say
that no Stale authority can inIerpose to
purge the polls aIirr The ballot has bcen
deposited, or after the votes have heen re
cpivrd. (uiua roce, il you choo<e.) unless it
he To carry out The local policy of the States
as to qualifications. There is anorher
clause of the CONSTITUTION. which shows
that the voters eor this H"use are intended
to he ot the same class of vuler< as those
" mho are entitled ln vote for members Of
the Legislature. But upon the power I"
judge of returns and elections, there can
be no concurrent jurisdiction connected
with these questions. on the part of any
State authority. withom: palpahle vio
latlon "f The constitution. Admit that.
and what is the result! And h re | will
observe that, in reAecling upnn this issue.
! have hcen forcibIy struck with The wis.
dom and philosophy of this noble instrn-
,nenl, (hnl,line up the Constitution of the
Cnired StaIes.) But suppose the conrra-
ry doctriue To he true; his House would
be at The nercv of conflicting judgments
in the States, as one party or anmher nigh,
from time to time, be in the ascendancv,
1t is in accordance with The very genius
of the Government that this branch of il
should he independent; an!l, in order 10
maintain its Independence. il must he the
exclusive Judge ofIhe returns. You can
nut get over that. plain an'l pnIpahle pro-
vision of the Constitution. 1t is not pre-
tended here that any local auIhority is
given 10 The officers of New Jersey To purge
the polls after the vnleS have heen ,lrpt,sit-
ell. 'liIl not understand that question Ia
tave been raised; bur, repeat, it is ad-
mited thar Iaj"ritv of vntes were on
the other side. That being so, contend
that it is for us 10 say who are entitled to
the returns. and that that single question
does not involve other questions in regard
To The elertinn.
| am not disposed 10 treat with dis.
respect the certificate of the Gnvernor.--
This House has no right tn pass cen~ure
upon him He acted as State officer,
aud. il he did not probably act with WIS
lum, still to not doubt thar he acted un-
der a Conscientious belief that he was a
mere ministerial officer of The law That
may he. He may have,supposed that he
was 'lning Ills duty. He gave the cerlifi.
cate upon the returns made by The clerks.
and announced that he could MI look be-
hinl them. He Iokeh upon himself as
The mere ministerial register. aud supposed
that his certificate was to he viewed in
thai ligliI.and inthaI light only. But other
gentlemen may I've entitled ,ln returns, not
wirhslaudims his certificate. Aud my
proposition is this: ,ha, there is no au-
thoriry in the Stale Of New Jersey lojndee
Of the legality of votes; and that, after The
votes have been deposited. those who re-:
ceiued tn. majority are entitled to the re-
turns. And thai we are made The sole and
exclusive judges Of The legality. con.
tend thai there was vast wisdoln in this
provision Of The Constitution, and that the
Trainers intended us to he a 20 ordinate
branch uf this Government. enlire v indie
pendent, ami thai This House alone should
decide upon the elections. returns and quail.
ifralions. of its members. Without that
provision, what comes of all our inderen.
deuce! ] contend thai the question is
now hefore us in tangible shape.
Some gentlemen say that the House is
not constilutionally organized. think
| there is some confusion, of ideas here, The