The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-04-09

: Il
e ing to the Constitution Of the Unite
States and the laws of New Jerse,
: ana will authorize them to-occupy til
contested seats from that State, uni
\ the question Of ultimate right can b
determined"
Other gentlemen Of the committee
differing with US in opinion, though
That the Executive commissions shout
be entirely overlooked; and that i
was the duty Of the committee to pro
J; coed at once to ascertain which bar
I ty had received a majority Of all vote
good and bad, given at the polls; ant
were, therefore, entitled to the re
turns--and submitted amendments tt
that effect.
TINS view of the subject we deem
utterly faliacious; but time will no
permit us to enterinto the argument
lhe consequences resulting from thi:
/ noval doctrine, are well illustrated b,
the scenes Of disorder and confusion
which resulted from lis application al
| the present session-scenes in higt
degree discreaitable to the House, ano
endangeriag the peace Of the country
aud which must greatly impair the
confidence Of all right-thinking people
IN the perpetuity Of our free instit,'.
tons.
Upon careful examination of the
laws OF New Jersey, we asccrtained
that the Governor and Privv Council
were mere ministerial officers, charg-
cd with certain specified duty, plain.
ly set forth, viz: to ascertain and de-
termine which six Of the persons vot-
ed for received the greater number OF
votes, according to the returns made
by the clerks of the several counties
OF the State. That the individuals
who were commissioned by the Gov
ernor Of New Jersey as the Repre-
sentatives of that State, had received
the greatest number of votes thus re-
turned according to law, was fact
not disputed or denied.
Finding this difference of opinion
however, to exist in the committee as
to the basis Of areport, the moverof the
original proposition modified the same
with the view Of reaching the sense
OF the committee; and merely propos-
cd, IN general terms, that prelimina.
ry report should be made, designating
the individuals who should occupy
the vacant seats until the question OF
ultimate right could be determined;
thus manitesting disposition to have
the seats filled, as the committee and
the House might determine, accord
ing to their, sense of justice and pro.
priety. But, from an apprehension,
as we presume, that they could not
succeed in the untenable ground they
had taken, that the report should be
made favorable to those who barely
obtained majority Of all the votes,
legal and illegal, given at the election
the modified resolution was likewise
resisted; and substitute offered.
which proposed to inquire who were
entitled to be returned as members
elect: evidently on the ground of
good and bad votes; for when it was
proposed to insert an amendment
which would make the case turn on
the majority of legal votes, such
amendment was strenuously resisted,
and carried only by the casting vote
Of the chairman. This resolution, as
ultimately adopted, was as follows:
"Resolved, That this committee
will now proceed to ascertain which
five of the ten individuals claiming
the five vacant seats from New Jer-
sey, received a majority of legal votes
and therefore are duly elected men,
bers of the 26th Congress from that
State, according to the Constitution
Of the United States and the laws of
New Jersey
Thus it will be perceived that the
committee came to an early determin-
alton to investigate the ballot boxes,
and ascertain who were entitle to the
seats on the ground OF having receiv-
ed majority Of legal votes, in which
decision we acquiesced; and, although
our opinions were unchanged as TO
the propriety Of the views we had ex-
pressed, we determined to make no
further effort to proeore result that
in our judgments, every principle of
justice demanded.
We then proceeded to the consid-
Grafton Of another resolution offered
by one of the gentlemen Of the major
ity, which as amended and ultimate.
ly adopted, is as follows:
s.Resolved, further, That whilst in
the opinion of this committee, the
certificates of the Governor Of New
Jersey are pftma facie evidence that
those who hold them are entitled to
seats, they are not conclusive evi
dence rs to the ultimate right anc
that such certificates, being contest
ed, such right must depend on the ma
jority oflegal votes given in conform
,lty with the Constitution OF the Uni
/ rad Statoe and tho laws of New Tar