The Madisonian., 1840-02-04

ear Of the House for awhile. which am happy 70 ac-
knowledge have patiently received already lwil take
occasion here Mr. Speaker, TO say that do not belong
TO the legal profession and therefore my opinions are
entitled. perhaps, TO the less weight and consideration
with the House and tho country yet s'r while enter
nto this abstract legal proposition with diindence, a
1t with the utmost confidence Of the correctness anu
souadoess Of the view am about to present only
hope may be able 10 make IL clear to the minds o'
others ss u is TO my own.
Yes, sir, say there is no contest here, and never
can be one the has been finally and concluswey
settled IN the State Of New Jersey. This is a question
TO which the principle Of jadleafa strictly applies
and there is appeal from simply because there
no law on earth applicable the subject, either Stale
or Federal
Sir The people Of New Jersey have never contem-
plated such thing as contested Congressional cleo
on and have therefore not provided for IL and oil
natural enough Too Ia that State they vote BY gene
raj ticket and by ballot, and the idea OF canvsssing
whole entire State, and taking testimony IN every part
Of IT. in disputed election, never entered their minds
being reasonable probable; moreover they have
recognised the right OF one OF their csizsns 70 as
pne the seal Of their Sstc but have agreed among
themselves, through their representatives 10 ine na''s
their Legislature, that the determination OF the 10
vernon and Council shall be decisive oil the question
Now. suppose you refer this question - the Commit
tee OF Privileges and Elections, what Is the firs step
TO be takenf BY what law arc they to bc governed
II contest in Virginia. you are necessarily go-
verned by the laws Of Virginia and the parties are re-
qured TO give notice and to take testimony at the time
and in the prescribed By the laws OF thai State.
II contest should arise in North Carolina you mnst be
governed by the laws Of North Carolina; Of Ken
tocky, Massachusetts, and all And If contest arises
in New jersey will you subject the parties to the laws
Of Virginia, North Carolina Kentucky, Massachusetts,,
New York, Pennsylvan of which they are entirely
ignorant, and not bound to inform themselves =
Certainly ynu would not attempt il but you would
subject them to the laws Of New Jersey. But hap
pens in this case that there is no law IN New Jersey
upon the subject Of contested elections, at least was
ha onf HE aln cglap hpTa
six months AFTER and that surely cannot apply 70 this
case being, in the first place, post facfo law;
and, in the second place. the first provision Of that law
requires notice Of intention to contest TO be given
within thirty days after the election which could not be
done in this the election took place in the fall Of
the year, and the law did pass until the following
March therefore. that law does apply
Well there beng no State law, what then, viii you
dol Why, you will naturally look for the general law;
but you again stopped for there is no general law
IN existence and has not been since 1904 What next
VIII you refer me to the practice and usage OF this
House Why, ! will show that the practice OF this
body has been the colors OF the rainbow
and the usage depended at all times the political
character Of the House for these questions have al
ways been decided on party grounds And you had as
well refer me TO the practices Of Mississippi where they
Lynch people and hang them without trial, as to talk
about the practices of thus House one, think, about
as worthy Of imitation the other.
Since this view Of the subject presented itself to my
mind, which was at the moment ascertaDed that the
laws Of Now Jersey silent the aubject and that
there general law hunted for authorities and
found one very much 10 the purpose.
In the year 1882 there was contest from this ssmo
State Of New Jersey, under circumstances very smi-
lar to the present. and the question OF jurisdiction then
arose. and it will be perceived ii then decided, as
far infer from the report Of the case, TO 30
beyond the jurisdiction Of the House. obviously because
there NJ law TO govern IT, read from the volume
Of Contested Elections, page 3S
The election OF the delegation from this State ap-
fo have bppp Taste thp urouD
alledged informally corruption but OF what precise
nature be learned from any accessible sources,
the facts not reported by the committee, and
do not appear on the journals Of The House
Various propositions were made by the committee
and members Of the House the proprey and mode
OF taking testimony IN the when the question OF
Jurisdiction arose, which debated by the mos, prom
inent men in the House, Mr. Ames, MIR. Lee, Mr. Mad
ison. Mr.. Page Mr. LivcImore and others and 1t is
much to he regretted that the papers generally relating
TO this important question were destroyed with the
Capitol in 1914 But, after the question Of jurisdiction
discussed, arrived at this result tina, the COM
miitee ultimately reported the simple facts Of the case,
without gong behind the Governors commissions to
take testimony, after the House had been regu-
sy organized by the aid Of the regularly returned
bes, whose right to take their in the first instance
was questioned. They accordingly report as
follows
"Ist. That the polls closed in the counties Of
Bergen, Morris, Monmouth Hunterdon Somerset, MID
dlesex Sussex, Salem Cspo May, Cumberland, Bur-
lngton and Gloucester and the lists Of the several
persons voted for and the number OF votes taken lor
each, received by the Governor the respective
times, appearing from the said lists and The endorsements
thereon, which lists were before the committee.
I'd. That the election IN the county OF Essex, the
remaining county of the State closed on the 9th OF
April, and the list received by the Governor on tho
Sd of May
Sd That jn consequence Of a summons from the
Governor dated the 9th OF February, to four OF tho
members Of the Council, Prlyy Council, consisting
of he and ihp fuirr etnhp
did assemble at Elizabclhown the 81 OF March, and
being so assembled Mr. Harng another member Of the
Council, received note from the Governor IN conse-
quence whereof, he also did attend the Council as
member thereof
"4h That the Governor then appointed another
meeting Of the Council to be held on the 18th OF March,
which day the Govern.r and eleven members Of
the Council did attend and then determine, from the
lists Of the twelve counties above specified Essex ex
cluded) that the four members holding seats in
this House the four persons elected members Of
this House from that State against which determina-
ton OF the Council, threo Of the members then present
did protest. and copy Of the proles, subsc-
qucnt day delivered into the Council
:" 9th, That there determination OF the Co.
and Privy Council in the premises until the 18th
Of March, and that the 9th he did issue his procla
nation.
g It the ID OF September
Resoired, That it appears to this House, upon full
and mature consideration, that James Schureman, Lam
bert Cadwalsder, Elias Boudinot, and Thomas Sim
ckson duly elected and returned in this
House Representatives for the State Of New Jersey
IN the present Congress Of the United States"
Thus It appears that in 1889 similar in every
respect this from the State did occur, and, for
the waLt OF jurisdiction, Congress confined themselves
strictly to the commission OF the Governor Of the State
as final aud conclusive Lot 1t be remembered too,
that this after the House had organized, aud the
regularly referred aud reported BY committee,
there being doubt expressed entertained Of the
right OF the returned members their seals the