Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1840-02-03
VOL. 33, NO. 2O-WHOLE NO. 1897.

tOWnslps, we nre not left TO conjecture on this
point, for you will remember that the fact was
clearly ascertaned by an open examination, be-
fore the legislature last wear. I pretend not TO
know, and II did, should think myself rot war
rnnled in expressing amy opinion, as to which of
the Two parties claiming the election will nppear
on flll and hna examination, entitled to the
seats and have no other desire than thnt Justice
should be done. But all this has no lust bearing
on the case before 1t constitutes no ground
of justification for that violent pdrte proceeding
by which the case was preiudged, and the state
left but with single Representative on the floor
of Congress
ais Il aliedged that any law Of the state was vi
olated in the nasner of awarding the certificates
There is your statute book and by it the Govern
or and Council are directed to make up the result
from the Clerks returns, and from them alone,
and the commissions were awarded after a cnre-
ful estimate of the returns from all the Clerks in
the State. Without violation of the law and OF
my official oath without passing by the advice of
the Council. and dsrcgardng the UNMARRIED prac-
tlce under the law from its enactment, no other
course conld have been adopted. l take my stand
by the side of the law of the land; and amid the
storms OF party seek other security than an ap.
proving conscience and firm conviction fhaving
faithfully discharged my duty. But ] have the
father satisfaction to know that my judgment has
been fully confirmed by you, gentlemtn, and by
the people of the state. BIT suppose it were 9TH
erwise do you hold yoar Erecuiive responsible for
his acts 10 The Congress Of The United States? This
would be n new doctrine for an Independent state.
am alone responsible for my public acts, let me
say, to the legislature and thd people of my own
state aud deny all right to pass opon them Off
ciay by any other earthly power. Whether,
therefore, the discussion in granting the certificates
was right or wrong, Congress at all events is bound
to receive the credentials thus furnished, Us the
mandates OF the state to them that they admit her
representatives to their seats, until others can shew
better title" -
RESOLUTIONS OF THE LEGISLATURE.
Whereas, it appears from report made by
John b. Aycrigg, John p b. Maxwell, William
Halsed, Charles G.. Siratton and Thomas Jones
Yorke, five of The persons duly commissioned as
Representatives Of the People Of New Jersey in
The twenty-sixth Congress IF the United States,
to the Governor Of this State, and by him conimu'
nicated TO the Legislature, that at the time and
place decided by law for the meeting of that
Congress they appeared and produced their com.
nissoners us such Representatives, and claimed
the right to unite will the Representatives from
the other States ofhe Union, in forming and or
ganizing u House of Representatives, were pre-
vented from exercising that right and are siill
excluded IRON any pa! ticpatlon IN their prOcee-
dings and deliberations, by which acts the People
of New Jersey deprived of their voice in
! the Coun ellis Of the Nation, at the time when
measures Of great public Importance and deeply
affecting their feelings and interests are TO be nc
ted upon their State authorities and their seal are
treated with indignity, and precedent is sought
to he e, blshed, which ifnot promptly and aucces-
fully resisted, may hereafter he used to justify the
rejection of electoral votes, or for the exclusion OF
any number of duly commissioned Representa-
lives that designing and unprlncIpled faction may
deem necessary to secure 10 itself Tie conal oil tbs
national e gis!ulure; md whereas IN this unprece-
den,ed emergency il becomes the solemn duty of
New Jersey firmly TO oppose the attempt to subvert
the iundamt ntal principle of free Representative
government. and TO call upon her sister States to
dsavow and redress the wrong which has been
perpetrated by portion of their Representatives:
Therefore, be it resolved, by the Council and
General Assembly of New Jersey, that The State
of New Jersey, became party TO the Union upon
the express condition embodied in the Constitution,
that in common with her sister States, she should
be at all times entitled 10 a number OF members of
the House OF Representatives, proportioned to her
population and that by the laws passed n pursuance
OF hat Constitution she is now entitled TO SIR Rep
resentayes. Ayes AZ, noes 3.
And be il resolved by the authority aforesaid,
Thnt until Congress shall by law make some reg.
ulaon the subject. the Legislature of each State
has, by the Const tuition, full and exclusive power
prescribe the times, places and manner OF hol-
ding elections for Representatives" which ncces-
| sary includes the power to prescribe the manner
in which the result OF those elections shall be ascer
tanned and certified. az to =.
: And be it Resolved by the authority aforesaid,
That as the Legislature of New Jersey has pres.
l
der the great seal the State, the only rode in
D which the election of her Representatives shall be
officially certified such commissions issued in due
e form OF law, coniers upon each person to whom it
is granted, full and perfect rg ht TO claim and ex
il ercise all the powers and duties OF Representa-
: live of the Stale, until regularly constituted and
Y organized House of Representatives after due ex-
4 animation, shall have soemniy adjudged that he
= is not elected or not qualified aud that any other
mode of certifying such election, is utterly invalid
aud unknown 10 the laws ofNew jersey. 80 TO 20
. And be il resolved by the authority aforesaid,
D That House OF Representatives cannot he constl-
tulionally aud lawfully organized and invested
with any authority, judicial or legislative, while a
1 single representative from any State, duly return
. cd and commissioned according to the laws of that
e State, is excluded from his seal or denied the en-
= ercse OF the rights and privileges OF Represen-
d live. 80 To 90.
r And be it Resolved by tie authority aforesaid,
j. Tina. the late acts ola portion of the Representa-
ives from the several States, by which five Of the
Il persons who were duly commissioned VI der Il e
great seal of the State of New Jersey, as her Keep
reseniatives in the twenty SIKH Congress OF The
Y United States, were prevented from exercising
J. their rights and discharing their duties as such
e Representatives, were palpahle violation OF lie
= constitutions and ofthe parliamentary law establish
e eel by and unvaryine usage, precedent OF
most alarming and dangerous cllarac er, aud gross
I. outrage upon the rights and feelings OF The feUpe
u of New jersey. 30 10 20.
@ Therefore be il resoNe by the authority afore-
/. said, that in the name and behalf Of the feople
!. of the State of New Jersey, we do hereby solemn
: ly pro,es, against the acts aforesaid, as uncon-
d stiutional, uuwarranted and just; aud against
e any assumption hy the remaining Representatives
n from The several States of The right or authority
% To exercise any OF the powers conferred upon a
q constitutional House of Representatives. and
e more especially against the attempt TO enact any
!, law for regulating The collection or disbursements
,e of the public revenue, for dlsposng OF the
e public lands, or the proceeds thereof, for
IS pcdgng the public faith or credit for imposing
is any tax or duty, or for the appointment OF hep,