The Madisonian., 1840-02-04

gna note IL will be found that this funded 90
the shove recited provision Of the Constitution se'
section g. clause let, which gives to Zach House wy
po~er Judge Of the eleclions qualifications enc -
turns Of us own members; bat 'hey never a'
exercising the po~er Of Judging OF elcrn""s ''''s
some law for their guide And orefeni"g 'nss e's' =
State should adopt provisions on 'h's =
wisely limited this to ihe term o. t~o yee "
TO afford the opportunity 10 the several o'es "
regulations for themselves Finding. shpore that si
the STATE. had not done So the is0O ths gene
rsi ia wss rcenscied for the term OF iour years ad
in 1904 expired and there has been no general law
from that dsy 10 thus, can find an Instance rom
that time of contested election coming from State
whose laws did provide for the case until this from
New Jersey: and nov that State has provided for the
pext that may arse there Is remedy for the
before us il bo REGARDED finally settled for the
want Of s~to govern il. !, may possibly operate ss
hardship, but that cannot be svorIed now There Is
scarcely any general rule general la~ that may 40,
operate with hardship at Time some individual
case You must fhen provide The remedy fo The next
case that may srise, has been sresdy done IN ne"
Jersey. You had as well say that the SoFrrme Co"'
OF the United States exercise ITS Jadisia power IN
the absence OF law as that the House Of Representa-
lives exefcse ITS Judicial powers without lac 70 go
vemi it,
Let me ask YOU for example. wba, length Of notice
shall be required Of the conlesting psriies' Shall he
thirty days. three months six months, or may they wait
un the meeting OF Congress, and then Inform the re-
turned members ol their intention to contest aud ask
that al may be back New Jersey TO take tcsli
mony dunng the session. when the Representatives, OF
.be State should be here attending to the business Of
their constituents These questions Of serious inn
ponance, and must now or hereafter occupy the grave
dslberson Of this House.
DO 10, DENY the right OF Congres, 10 Judge OF the
qualifications uf members because fhsy pre- scribed
BY the Constitution ITSELF and therefore need no law
viii deny the right OF this House TO Judge OF The
form or ls.sIny OF the from New Jersey, be-
eause the laws OF New Jersey explicit that sub
ject but when you coI1c to contested election. Is
Q different matter, u Is not provided Tor.
Congress also has power TO do a great many other
things they have power lay and collect taxes, bor
money the credit OF the United States TO regu-
late commerce, to cpin money 10 establish post offices
and post roads, and great variety OF other powers
neither Of which they exercise except by due
OF law they exercise this power except
BY due OF law and hope have satisfactorily
shown tina, there law applicable to the SUBJECT.
Well, refer lhis case 10 committee, aud what arc
they 10 do Send for persons and papers or send all
parties home to take testimony. Upon whom will YOU
throw the burden Of proof VIII you require the resu-
lsrly commissioned members to prove that votes
eeised ought to have been rejected will you require
the other party establish Inc validity Of oil votes, the
benefit OF which they claim In either event, this mat
ter bo settled before Congress will adjourn
the Sd Of March, l54l testimony is TO be taken
the whole Stale and. IN the mean time the State Of
New Jersey DO deprived OF ivcsiXths OF her re-
presentation here SIR. the thing is mons,rous: il is
intoerable. And even Il there law to govern IT,
beg gentlemen TO tell me What is the great difference
between this and any ordinary Of contested
election Whs, is the mighty difference between a
batch of votes that have been rejected that ought
have been received. and The number OF votes that
have been received that ought have been rejected
And II they point this difference, then why
has this unusual and mscheyous course been adopted!
Sir, gentlemen mus. not suppose that, If this contest
can be carried, behind the Governor IN
mission and ascertain VINO has the majority Of votes
only; you mus, 60 step further, aud who
has majority OF legal votes.
FRO nE coNTiSUEpl