The Madisonian., 1840-02-08
From Lie Richmond Compiler.
TIE NEW JERSEY CASE


Ffoni The Richmond Compiler.
TIE NEW JERSEY CASE.
The case OF the election OF FIVE Of the formally
returned Delegates from New Jersey 10 the House of
Representatives Of Congress, was yesterday intro
duced into our Legislature through message from
Gov. Campbell, enclosing communication from
Gov. Pennington Of New Jersey, transmitting The
Protest ol the Legislature OF that Slate against The
act of Congress BY which II has been deprived at
The weight Of representation in that body, to which
" 7 conSti'utonay entitled. This document was
referred to select committee of our Legislature, OF
which Mr. Souhall is Chairman. Ii we mistake
moi, The subject will draw forth an animated discus
sion. Virginia has been the yiglant sentinel .
OF State Righls-she has ever sounded the alarm
when no enemy was in view, as il would seem 10 let
the enemy know that she had not ialien asleep on
her post. Now that she is appealed 10 BY sister
State 10 stand 10 her guns in defence OF what she
holds SO sacred and what she has heretofore regard
ed II her peculiar duty TO protective cannot but an
lcipate some manifestation Of uneasiness at least
under what is considered, by so largea portion Of
the Republic, as we'll an invasion OF State Rights as
an insult and indigniy offered 10 State sovereignty.
The following is the PRoTEsr OF the New JERSEY
LEGISLATURE:
Whereas, il appears from a report made by J. B. Ay-
crigg, J, p. b Maxwell, Win Hasted, Chas Slratton
and Thomas J. Yorke, five Of the persons duly com
tnlssioned as Representatives Of the people Of New
Jersey, the 26th Congress of the United States, to
the Governor of this State and by him communicated
by law for the meeting Of that Congress- they appeared
and produced their commissions such Representa-
yes, ard claimed The right with the Represen-
alves from the other States Of the Union, forming
and organizing House Of Representatives, but by the
acts OF portion Of those Representatives., were pre-
vented from exercising thai right, and still excluded
from any participation in their proceedings and dcliber
ations by which acts the people OF New Jersey de-
pfycd OF Their ust the councils Of The naton
at a time when OF great public importance,
pu ippp yaIe tatr thar AMI 10
be acted uPon their State authorities, and their SEAL
are treated with ndgnlty and precedent IS sought
to he established, which # promptly and
fully resisted may hereafter be used TO Justify the
lection OF electoral votes the exclusion Of any
Der Of duly commissioned Representatives, that a. de-
signing and unprinciped faction may deem necessary to
secure 10 itsel the control of the National Legislature
And whereas, in this unprecedented emergency II
becomes the solemn duiy of New Jersey firmly to
oppose this attempt 10 subvert the iundame na prin
clple OF Tree repiesentative government andto call
upon her sister States to disavow and redress the
wrong which has been perpetrated by portion OF
their representatives
Rosotred, That The State of New Jersey became
party 10 the Union upon the express condition en-
bodied in the Constitution, that in common wiih.her
sister States, she should be al all times ennlsd to
number OF members OF The House OF Representatives
proportioned 10 her population, and that by the laws
passed in pursuance Of that Constitution she is now
entitled 10 sic representatives.
Resolred, That until Congress shall by law make
some regulation of the subject, the Legislature Of
each State has, by the Constitution full and exclu-
sye power 10 prescribe the times, places and man
.ner q holding elections for rcprese natives, which
necessarily includes The power 10 prescribe the man
ner in which the results OF those elections shall be
ascertaned and certified.
Res9tred That as The Legislature of New Jersey
has prescribed commission granted by The Govern
or, under the great seal Of The State as the only mode
in which the election Of the Representatives shall be
officially certified, such commission issued in due
form Of law confers upon each person to whom il is
granted Der riuht IN cln and
else all the powers and duties Of Repre- sentative of
the State, until regularly constituted and organized
House OF Representatives after due examination,
shall have solemnly organized that body, he is NOT
elected or qualified and that any other mode Of GER
fying SUCH election is utterly invalid and unknown
10 The laws OF New jersey
Rcsofccd Ihata House of REPRESENTATIVES cannot
be constitutionaly and legally organized and invest
ed with any authority, judicial legislative while
single representative from any State, duly return
ca and commissioned according 10 The laws Of that
State is excluded from his seat or denied the exer-
else OF The rights and privileges OF Representatives
Resoieed That the late acts of portion Of the Re-
presentatves from the several States, by which ise Of
the persons who duly commissioned under The
great seal of the State Of New Jersey as her Repesen-
atives in the 26!h Congress OF the United States were
prevented from exercising their rights and dischargng
their duties such Representatives, was palpabe
violation OF the Constitution and Of the parliamentary
laws established by and unvaryng usage pre-
cedcn, OF most alarming and dangerous character and
gross outrage upon the rights and feelings Of the peo-
pie of New Jersey-Thereore,
Rcsoised, That III the and behalf Of the peo-
pie Of The State of New Jersey, do hereby solemnly
protest agans the acts aforesaid unconstitutional,
unwarrancd and unjust, and against any assumption
by the remaining from the several Staes
OF the right or authority to exercise any Of the powers
conferred upon constitutional House OF Representa-
tves, and especially agains, the attempt
any law for regulating the collection or disbursement of
the public revenue for disposng of the public lands or
the proceeds thereof for pledging the public faith or
credit for imposing any tax duty, for the appoint
ment Of Representatives. until the people Of New Jer-
sey and their duly commissioned Representatives shall
hrve been restored TO the rights Of which they have
been wrongfully deprived.
Resoired, That copy OF the foregoing preamble and
resolutions certified under the great seal Of the State,
which since l776 has been and still the
and cherished emblem of the sovereignty Of New Jer-
soy, be transmitted to the Hon r. M T. Hunter, q
Representative from Virginia, with a request that he
will lay the before the other Representatives from
the several States now assembled al Washington. (.
Rcsolrcd. That copy thereof be transmitted to the
Governor OF each Of the several States Of the Unon
with a request that he will the be laid
before the Legislature thereof and also, to each OF the
Senators, and Of the six Representatives Of this State
From The FfederiekJnrg Arena.