Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1840-02-13


sion Of any number Of duly commissioned Repre-
that a designing and unprincipled faction
may deem necessary TO secure 10 itselfthe control
Of the national Legislature.
AsD WHEREAS, 10 this unprecedented emergeH-
cy, ii becomes the solemn duty Of New Jersey, firm
IL 10 oppose this attempt TO subyert the fundamen-
tsI principle Of y free Representative Government.
and TO call upon her sister States to dfsavow and
redress the wrong which has been perpetrated by a
portion Of their Representatives:
Rssolved, That the State Of New Jersey became
a party 10 the Union upon the express condition,
embodied into The constftutien, that ia common
with her sister States, she should be at all times
erttleJ 10 q number Of members Of the House OF
Representatives proportional to her population;
and that By the laws pissed ia pursuance of that
constitution, she is now entitled to SIX representa-
tIv,s.
Resolred, That as until congrens shall, by law,
make zome regulation Of the subject, the Legisla-
ture Of each State has, BY the Constitution, fnA. and
exclusive po~er to prescribe "the times, places,
and manner Of holding elections Tor Representa-
ives" which necessarily includes the power to
prescribe the manner in which the results Of those
elections shall be asceriaiEed aud certified.
Pes0fved, That the Legislature Of New Jersey
has prescribed a commission granted by the Gov
ernor, under the great seal Of the State, as the only
mode in which lie election Of the Representatives
shall be officially certified, such a commission, IS
sued in due form Of law, conters upon eoch person
10 whom IT is granted. a full AID perfect right TO
claim and exercise oil the powers and duties OF q
Representative Of the State, until a regularly con-
stituted and organized House Of Representatives,
after the due examinations. shall have soIemnly de-
tel mined THAT he is not elected or qualified; and
that any other mode Of certifying such election Is
utfely invalid and unknown 10 the laws OF New
jersey.
Resoi0ed, That a House Of Representatives can
not be constitutionally and legally organized. and
invested with any authority, Judicial or legislative,
while a single representative, from any State, duly
returned and commissioned, according to the law
Of that State, is excluded from his seat Or denied
the exercise of The rights and privileges of a Rep
resentative.
Resolgea, That the late acts Of a portion Of the
Representatives from the several States, by which
FIVE Of the persons who were duly commissioned
under the great seal Of The State Of New Jersey, as
her Representatives IN the Goth Congress of the L.
States, were prevented from exercising their rights
and diseharging their duties as such Representa-
tives. was a palpable violation CT the constitution
and Of the parliamentary laws established by rea-
son and uuyarying usage, a precedent OF most alar-
ming and dangerous character, aud a gross outrage
upon the rights and feelings Of The people of New
Jersey-Therefore,
Reso1ged, THAT in the name and behalf of the
people of the State Of New Jersey, We do hereby
solemnly protest against the acts aforesaid as un-
constitutional, unwarranied and unjust, and against
any assumption by the remaining representatives
from the several States, of the right or authority to
exercise any of the powers conferred upon q con
stituiional House of Representatives, and more es-
pecially against the attempt to enact any law for
regulating the coIlectioa or disbursement Of the
public revenue, for disposing Of the public lands or
the proceeds thereof, for p~ledging tile public faith
or credit, for imposing any tax or duty, or for the
appnrtionment Of Representatives, until tie people
ofNew jersey and their duly commissioned Repre-
sentatives shall have been restored to the rights Of
which they have been wron fully deprived.
ReSo2VeR, That a copy o. tie foregoing pream-
bic and resolutions, certified under the great seal Of
the State, which, since 1776, has been and still is
the constitutional and cherished emblem of the
sovereignty Of New Jersey, be transmitted TO the
Hon. r II. J.. Hun;er, "a Representative from Viz
ginia, with a request thai he will y. The same be
fore The other r representatives. from the several
States now asseu BLEED at Washington.
Resoleed, That "a copy thereof be transmitted 10
the Governor Of each Of he several States Of the
Union, with a request that he will cause the same
to BE laid before the Legislature thereof, and also,
to each Of The Senators, and fthe six Representa-
tives Of this State.
Nr. VESABLE moved that The communication
from the Governor be laid on the table and printed;
but at The suggestion Of Mr.. %SoUTHALL, who said
the subject was one Of the gravest import, he amen
his motion, to refer the communication to a Sc
Committee. which Was agreed to. Ayes 70,
Noes SO.
The following gentlemen were appointed q Sc
Committees: Messrs. SoUrHALL, RlnLEY, GRE.
CORY, MAY, ScoTT, GoopE, CLARKE of HaliiuX,
ToLER. HoDGEs, BUrrs, LEE, CHAPMAN and
CRUICHFIELD.
o. motion Of MIR. STEPHENSON,
The House adjourned.