The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-03-12

lis competency, though taken on notices. IN some IN
stances al least. ample and abundanti and II so hap
pened that in consequence Of the doubts Of one oil the
undersigned, and The influence Of a wish which he
! INDUCED 10 have the cleared Of all embarrass-
men BY re-Iaking the evidence much The most I'M
porlanl part Of The proofof red by he commissioned
claimants rejected and the testimony before the
COMMITTEE was left In very confused, imperfect,
and chaotic state, and 10 such condition as 10 rem
der IT, In the judgment Of The undersigned, In high
degree unjust to make il The basis Of the action either
in the Committee or the House, for any purpose
whatever.
When The Committee had thus disposed Of the
questions Of competency arising on the evidence be-
| fore II, The commissioned members again renewed
their application for further time to finish taking
their testimony; and again verbally stated TO the
Committee the various difficulties which had pre-
vented the completion OF their proofs before the ses-
sion Of Congress. And this statement not being de-
MED by the non commissioned claimants, the Com
nilee In consideration OF those difficulties, and also
in reference the fact that such ofihe testimony ad-
duced had been rejected in the manner above stated,
deemed the request reasonable, and determined TO
grant it and both parties being decidedly of the
opinion that The testimony could not be taken before
the second Monday Of April next, the Committee
4
Whereas, the people Of the State Of New Jersey are
at present deprived of FIVE sxths OF their Representa-
ton in the House OF Representatives. and II being
highly expcdent that the decision OF the question be-
tween the several claimants TO the ye contested seats
D the House aforesaid be made speedily practical
BILE, consistent with a due investigation and debera-
,on and j. b. Aycreg, William Halsted and others,
having made application TO the committee for time TO
take further evidence to maintain their right to seats in
said House, and the con.cs.ors having alleged that If
4 tbor ntpO inv Ol he uestlo
Of who received the plurality Of legal votes, they de-
sire time also 10 take testimony
/ Therefore. Resolved That the chairman be required
to notify the several claimants aforesaid, that this
miilee will proceed to final decision Of the qucs-
ton Of ultimate right depending before them, until the
second Monday in April next, at which time the
mittee will report the proofs 10 be closed and will not
receive any Testimony taken by either OF the parties sf
that time but nothing in this resolution shall prevent
the committee any time before that day from taking
up and deciding said the parties shall declare
themselves ready with all their testimony.
In Justice TO the chairman of the committee it
should be stated, that be indicated TO the committee
an anxious wish that the time allowed for the COM
pelion OF the proofs should be abbreviated with
view to bring the case, upon its merits before the
House, a, an early day as practicable; and three Of
the undersigned, in Difference 10 The opinions and
feelings OF the chairman, co-operaled with him in
luton which was defeated by the votes OF the other
members Of The committee.
| Nothing remained to be done, but to carry out
the original plan exhibited in the sa id resolutions
and accordingly the following resolution was offered
by Of the undersigned, and adopted by the
miltee.
Resolved, That the parties 10 the contested cleo
ton Tor the State OF New Jersey be, and they are
hereby, authorized lake the testimony of such wit
nesses either Of them may desire 10 examine, by
dispositions in conformity with the laws Of thai State
in force he time OF taking any such testimony on
The subject OF contested elections in similar cases;
provided that the parties may by any agreement
under their hands regulate the mode Of giving no
tice, and other matters OF form al their discreet n"
Soon after the adoption of these resolutions, the
commissioned members left the city for the State OF
New Jersey, to finish taking their evidence, where
they still remain. We did not anticipate, nor had
we an inlimation from any quarter, that further
proceedings in the case contemplated either in
the committee or the House, until the expiration Of
the time allowed the parties 10 complete their evil
dence nor we willing to believe that the House
would have adopted the resolution Of the 2Sh Of
February, if i, had known the situation OF the case
before the committee, or anticipated he construction
which the committee would put on The resolution
Nothing is more abhorrent 10 a well regulated
in the administration of justice. We will not, for
the honor of our country, believe that the highest
delibeIative assembly in the land, acting as judi
cial tribunal, and deciding, not only upon the rights
OF individuals but also upon the rights OF one Of the
sovereign States of the Union, will, for moment,
after these parties have been sent away in confident
security that they were TO have time to take their
evidence, entertain the idea of taking up the case in
nd viii hear
and with The proofs one side wholly incomplete
Such procedure would be an example of injustice
and perhdy SO fragrant and establish precedent SO
pernicious that it would hardly be respectful TO this
honorable body to give it a further examination
AT this stage of the proceedings (the parties hav-
ing returned to New Jersey TO complete their testi-
mony) the subject was again brought before the
House, and a strenuous effort made to instruct the
conmuee to report torthp,h who had received a
majority of the votes given at the polls; and, on
proposition to amend the resolution by inserting the
word "lo,rIa SO as 10 require the committee 10 re-
port the larful votes only, long, earnest, and 10
some extent an angry debate arose; and by the cast
ing vote OF the Speaker the amendment was adopt
ed and the resolution sent to the committee in
the following form:
"Resolyed That the committee OF elections be au-
thorzed TO report to this House such papefs and
such of their proceedings as they may desire 10
have printed BY order of the House. and that they be
instruct ed also Ito report forthwith which five OF the
ten individuals, claiming seats from The Stale OF
New Jersey, received The greatest number oil hrfM
vo,es from the whole State Tor representatives In
Congress of The United States, at the election Of
1878 in said State with all The evidence OF the fact
in their possession: } PROVIDED hal morning herein
contained shall be construed as TO prevent or de-
Law The action OF said committee in taking testimony
fhe