The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-02-29
CONGRESSIONAL.
NEW JERSEY ELECTION


Remarts Of Mr. F'LLaorr. ~ FeY Yesa, ana Mf.
SnIrH, Of Coaaeeffeaf, "a he ffo1ise 81 hsP'essna-
nses. Wednesday, february 10. isAo'
The cH.,a announced that The question before the
House VA. on the resolution for the printing Of certain
papers before the Cpmmiiee OF Elecions Tor the use
OF the members Of that COMMITTEE, togeiher WIN the
am ,.daent thereto proposed by the gentleman from
sr.nnes.ee. MIR CAvE JoHSsoS,J To require the CON
,,,ss 20 report to The House all the testimony before
4 on the New Jersey case, and to print when so re-
ported; and that Mr. FiLLnong entitled TO the
door
The Chair said the gentleman might slode ia debate
10 the amendment, for that before the House but
not to what passed IN Committee.
Mr. FlLLMoRE said he did desire TO slude to the.
acts OF any particular member q The Committee when
their report should be printed the Of every member
would be spread before the House aud the world
He was but young member on that hoof pu' no
had been in Congress long enough 10 learn not 20 oe
surprised at any motion which could Dc maue ~ "s'
House he would not say at any action Q. me nou'e'
because that would not be respectful lie must fay'
however, that tha amendment was wholly unexpected.
He had not anticipated such step nay ne wou'o 30
further and state in justine alton Of his colleagues on
the Committee that none Of them had anticipated u.
He discharged them from oil participation IN such pro-
ceeding, directly indirectly. he could not believe
that any gentleman who aware oil the
tusl state OF the business before the Committee could
have made such proposal, II wss the ignorance Of
the gentleman from Tennessee which furnished the only
possible apology for his conduct
They ali knew the scenes Of confusion and tumut
which this exciting subject had already occasioned in
the House, before It's organization Alter the election
Of Speaker, resolution had been introduced which
proposed contrary all previous usage ia cases
Of disputed elections. and the whole had been referred
10 the Conmtee Of Elections. II would also he re-
collected that when the resolution just referred to had
been moved, Mr. had explicitly inquired Of the
of il (Mr Campbell, Of South Csrolinal whether II was
the meaning and intent OF that resolution that the Com
miuee should prepare preliminary report hrst on the
returns The Chairman oil the Committee, tMr Camp
belly had replied, that il would be IN the power Of the
Committee so do, but that il would not necessarily
be their duty under the resolution. Mr.. +. had then
expressed song desire that the Committee should be
required first to make report on the subject OF The re-
Of the New Jersey members and then as to who
had the greatest number Of legal and had request
ed the Sd to modify his resolution bu, Tins he
had decl,ed and the House had adopted the resolution
in the following form.
Aesoired, That all papers other testimony in pos
Of within The control Of this House. In rela-
ton 10 the late election III New Jersey Tor Representa-
tyes in the 26th Congress Of the United States, be
referred to the COMMITTEE Of Elections, with instrnc
tons TO inquire and report who are cued to occupy,
members Of this Heuse the five contested seats from
that State.
Iesoired, That copy Of this resolution be served on
John B. Aycrgg, John p. b. Maxwell, VIM. Hslsed,
Chas G. SIston. Thomas Jones Yorke, Peter d.
Vroou,, Philemon D,ckerson, William K. Cooper, Dali
Rysll, and joseph Kile, all citizens OF New Jersey
claiming TO be representatives from that State IN tins
Congress and that The be made upon each gen
temsn personally or by easrg copy at his usus resi-
dence and that said Committee be authorized 10 send
for persons and papers.
Under this Resolutions the committee had immediate
~ met, aud had continued in session since until
about week past. The committee had not merely
in the intervals, but during the stngs Of the House,
aud from TO hours day. They had exerted
themselves the utmost put the subject speedily
rs possible before the House.
The 6rst question they had had before them was,
whether thes should make preliminary report on the
returns and as TO who were entitled 10 seats under
them ia the interim, until the committee should have
gone through the examination OF the election, aud de-
cided who had received the greatest number Of legal
votes The committee had been unable agree
any preliminary report (ha spoke not OF the votes Of
any Individually and SO proceeded 10 the subject Of the
election itself
[rhe CHAIR here inierposed, and reminded Mr. Fill
more tina, out Of order 10 alude 10 what had
been done 10 committee, or what ought to have been
done
Mr. FILLMORE said he was not inquiring wha, ought
TO have been done, but only endeavong 10 explain to
the House how the stood before the committee
This what the House must know before they could
Judge how they ought 10 vote on the amendments before
them.
Mr. FiLLMoRE proceeded to inquire what was tho
subject referred the committee, and what 10 the sub
ject for this House udge All the power the House
has itself and consequently all the power could dele
gate to a committee, Is contained (ssld MIR. + J IN Two
lines Of the Constitution. The power conferred the
House is Judicial power, not legislative powers II 10
power to hear, judge, and decide The House is not
liberty exercise any discretion Ia lis acts, or to
govern itself by common rumor. IT Is made court,
for the purpose Of Judging the rights OF parties claim
ing seat here aud Of those whom they represent The
House, in this process, is to be governed by law,
which law is the Constitution and by the facts elected
testify What the
er thus conferred this House II is that Of Judging
concerning three distinct things; OF nothing more
These are the election return and qualification Of its
own members.
These are things entirely separate and distinct from
each other They things we'll known to that
country whence we derive origin. They never
were and never can be COMPOUNDED, until gentlemen
blot out all the records Of history. There being
doubt the present but that all the claimants TO
seats for New Jersey abundsntly qualified per
form the duty Of Representatives here the subject OF
qualification is, OF course, not IN question but the com
DID, and do conceive that the subjects Of return
and Of oeeiion were referred TO them.
Now, ask, what are "retnrns?' lis important
10 keep these terms, elections aud returns entirely
distinct from each other M our minds What meant by
the term returns thus employed 10 the Constitution
What The sccep,aon Of the term at the the
.Con,lit formed IL Is necessary III answer
ing that question, 10 premise that elections, ~ Great
Britain, had there been Tor SIX hundred years, by writ
issuing from the Chapcelurs oce, WHICH IS the great
mint which all Brush wIits are mauuac tured d.
rected TO the sherfs the several shres dlrec ting
them 10 cause elections to be held and the
persons elected members Of Parliament. What is
cohtsIued, then, 10 this term :. return!" When the
sheriff receives the writ, he executes it, and, having
caused election 10 be held. he returns upon the writ
the names Of the members elected The word had this
definite meaning in Great Britain. The return
wrlt OF election was just he same thing return
writ Of eapas-rhst he has taken The body and has it,
or the return to Of inquiry into the amount Of
damages; IN all these the sheriff executes the