The Madisonian., 1840-01-07

present stare 10 DE- a House Oi hepretfnihiVtb
which say II is mol 50 long there are five mem
bers duly comm ssioDed aud claiming seats who are
excluded from i--sllll the remainder has no power
To declare thai they shall yoe II - nnconsiilu-
tonal. These men have the same right 70 vote
which you or I have, or any other member of this
House, and The House cannot diyea them of thai
right This House has no power 10 say iha, a, u,
&, and ID shall not vote. " " has The right 10 say
so respecting these iiyc New jersey members il may
say the same respecting all others for these stand
identically The same ground with ali Oher gentle
men here. II yon say you have right virtually 10
expel them, you have the same fi2ht 70 cxpel any
other member, aud then we are come precisely iotbe
case referred 10 yesterday by The gentleman from
Virginia, tMr Wise, and the account Oi which he
read 10 the HJuse--ib the case Oi Oliver Cromwell
when by the agency Of clerk he excluded from The
House Of Commons all the members of The Paflia-
ment Of England except such rs hs esteemed the
righteous and the gody. There Is not a hairs
breadth between that and ours; and the tenant
of The White House may With the help of this pre-
cedeDi, send down 10 us a minnie ~ fbose who, in
his orinon, are the righteous and godly members oi
the House Of Representatives, with an ofdrf 70 lufn
out the rest.
rhai The FIVE members appearing hert with creden
tials from The Governor oi New Jersey have The
same right 10 III and yUir with every other member
Of this House; and IN support oi that position
fer again 10 the Constitution, 10 The law, and 70 i'm
memorial usage without one exception. The ques-
ton 10 the first right Of any meDbeI ~ this House
To take his seat subject 10 Subsequent inquiry and
decision by The House as Judges Is founded on the
evidence which be produces ~ his membership
And what has been this eyidebccl II has b en- such
as is prescribed By The laws of the several States
in general u Is thc signature Of the Governor Of The
State the very highest authority known In all
courts throughout the world; the very highest evi.
dence Of all documentary acts | have heard much
said here about the broad seal and gentlemen have
argued about the seal ~ II lis virtue was IN ipsef
we have heard of the great seal of England having
been thrown into The Thames by James II and thai
the conclusion is ersfore no credit Is due to broad
sealsihat Is The logic. But IL Is not the broad seal
Itself IT Is the principle which lies under IL thar Is 10
be looked at which, by The laws IL all States and
nations renders it the highest evidence known
among men. The seal itself isnpthng The power
which created can change or. break II al pleasure !,
but It's admission authentic pfoot Of record by HE
universal consent Of all nations, that II u which
gives 1t value. II Is question The States whose
seal Is set aside II by any act, yoa show contempt
Of The seal you show contempt Of the power from
which II cmanales, and of the law oi nations
That Is the principle; principle founded In
son, founded in humanity and necessary between
nations. hope il Is not to be effected by the sink.
ing Of the broad seal Of England or Its being carried
away BY atyfant. In this contempt for broad seals
there seems involved the principle that whenever
images statues held sacred the saucii,y lies
In the marble and not In the god Represented by it,
IL IS not question here how many inches or feei or
yards, acres broad seal may cover that is not
the question: BIZ, the question is whether by your
act, you will sci aside the hghcg evidence any Sisir
or nation can produce. II Is no, question II broad
seal; but IL Is question whether The Soyereiyn STATE
OF New Jersey, speaking in its oFn forms n Law
in the most authentic form in which Ii can speak
according 10 the Ia VI not only of this bat ot all na
tons shall he buftued and kicked out of this House
This is the question Now. I say that, By the Con
sliiation by the Law and by ifnrnsmoria nsage not
only between the States Of Fkis Republic ba among
Ill civilized nations, these FIVE commissioned mem
-. -
of their membership, and thar yog cannot rs,eej
ihem @ithoat rejecting ths evidence hey nave pro
duced
Nov, il is said against All this that there Il sns-
pietoni a suspicion Of iraui Of,hand1 Wher.
Oi fraud N the application 0f the broad seal? Of
fragd in the evidercel OF fraud IL TIE act III The
Governor of New Jersey No, there has n0t been
The slightest infiaaiion of such thiag h1t behind
the commission there certificate II one Who IA
not certifying oshcer known to the law csrah
cate nct sworn ~. thar in fhe s!ecttol fhere was
fraud. i hat Is suspicion We'll and IA there BCf
another snSpici q Isthere not xnsoicion that in
that very malorjtY wAieh se csritGet there was
ffaud BY The admission q illegal vaters1 Aaf such
traa6 As viii cAange he nslnrif71 Have th- gen
tlenan sGspie ions settled betpeen thpse fpo1 W
know there IS tao as1ch Justice here ID seitJe on
any spch ndartioB That Il - be se.fged ghen fais
House comes oscS asa Ju4gs 10 tie proper time AL
place.
fMr Dgyc,s h~rs ia'-rposed Has the zen
tlrrnan any aiitision 70 me Lend sad geaersi
ian1hterl
None at all Nof The least y6r- whaeyer
Here The aaIi reS3uaded IN sHoats II rerrjreht
Fyr my own part IA MT tnew whieh II Tb4se sls-
picioog !. .onadea ia fr1th ara vitoh III II phe-
'aer beth mag ~ 6e / ctHaGt say Nhssber rhers
mas 40 oern fraud il fne rstGrns or g-aad q ne
gperS Tast w. s5s asrs FER - ter{te il ar cssa-
cry 81 iudgs and NJ 5g ne prscei ~ viii 3od
5lsssure 4 he House. 7 Hat i qnsrtf8r ( ssrs
atrsr sar 10 lds nseuyaile 3ass rsa, sasce1d ~
ri sat 1f a neNaer a5 5e sw1ra tn. 5r}aeg1le s1f
~. 5ffftice s1ch sfses 1av. slxt-s -esa ss -.
.siTs gl1ss bringing f.glia- r<'rr1s 81 .trfi3n &C.
,1rtsug - ne Consolation sad ne avs - ~ nu
.fesu IN ne li7si siSfsars lr'r ssa,s and asa as
aIi gss u teettie apGn xlo{s -ase .8uniS.-
ate !ie Esatsesnan s-gm Virgtn5a W Ergf- tJslr
vac -luinsaea ar-e F5iume II .1nrsSiss slr-.i,rS
ana I'll hai -.gtiri snnid aGI int 3as 5iuge ..s.
rlca itd 1aI nate iira.t!r sp-aiasf arm Is h5S
'saf Respecting ne 3rH,tsrs " ne 3-stisa Par
lament run Jacilb Lav bscsloHRrv : haze
liga-r sulaoriIgsif. 3athoritF Blackstone SPEAK
ng Commentary. 81 he .aapler Fa5cs <oeass
II ae manner Hhica elections suaii D. acid "a
e-l rand. Judge Blackstone Says
/. The .eciSou Berg :a.ed nc -s;sr1,nQ officer n
1arongs D,ccept ne shrrvF VITA the per-
siertsa sY lie nsIarfy fna me sasrf stnrns iie
lnle tagetaer with ne VIII far he county sod he
kaiunrs etsr,ed ;aerefpnn he eprk ~ hs Crown ~
Caancsryl neiors the 4sy nf nesuug 4 4 be a new
Parliament within fourteen dsys aisr slerran i
4 as "a acrswons ysc1acy am la,s auder oenal,r 1f
$500 if nc sheriff does rot feturn snca talgits ouly
fuy sler,ef ae ioreits az he old statutes Of
Henry VI, E0o and the returning officer a 5o,au7i=
or ike @ise re;arn, f40 ABd shsv sro besides ts
1ie action ShIca d1ahir damages ss.il rsca-
rarsd az tie lstter statutes ~ kma W lfam spd suy
person ,rbinq me f.;urnag officer sissli forfeit
E}00 Bau nc nsmseys rsssrtsf bY mn ne ntrsg
nssg6cTr lasI a5e Hlse ~ Cassa0az gDos 5ei,tlaa
saai. Efjidgs ne retaSa p ~ i,ass aNd al~gtl
There IS ,he NV ~ England TIE -etgvn rauuG
W ~ sside even waen ne sheriff asa 1sra 1rbsd
The shertd 5Bnphsoir fsr ais pi,iany BIRTH 5 ne
public aud 10 ghe nGivdrai who msy s1ffer BE-
DIT. never,beiess ne me1uBer re;urBea X tae sitting
rn.rlner 10 Le Hanae 90 ,ral .au an llilcae Las