, 1840-02-15

Oe"tocf 0tS ano one PVhig. mus DID the
Governor of New jersey IN utter disregard
OF his oath of Office, and the laws of hi.
State, perPetrate a gross and unprecedented
fraud upon the elective franchise secured to
the freemen of New Jersey, by the Consti.
tuition and laws of the State! These facts
were in the possession of the Clerk of the
House Of Representatives at the meeting oil
Congress, in an official and well authentica'
ted form.
The Constitution Of the United States, in
defining the powers Of Congress, declares
that, each House shall be the Judge Of the
elections, returns, and qualifications Of its
own members, and a majority of each, shall
constitute a quorum to do business; but q
smaller namber may adjourn from day 10 day,
and may be authorized to compel the attend
ance of absent members, in such manner,
and under such penalties as each House nav
provide. Each House may determine the
rules Of its proceedings, punish its members
for disorderly behaviour, and with the con-
currence Of two thirds, erpel a MEMBER
But SOME contend that there is no House Of
Representatives in Congress, until it be as
certained at the meeting Of Congress, that a
quorum of the members elect, are present in
the Hall of the Capitol, and shall have elect
ed a Speaker Of the House; and until that
shall have been done. there is no House Of
Representatives to act in any matter or man.
ner, to prevent fraud and imposition from
bsing practised upon the House and upon
the sovereign will of the people Of 2 sover-
eign State. This assumption, is unsus,ained
by law or sound reasoning. | hold that
when a majority of the members elect to a
new Congress, shall nave assembled in the
Hall OF the Capitol OF the nation. on the day
fixed by law for the meeting Of Congress,
they are then, as much members Of Congress
and endowed with as much power, as they
ever can or will be. And have the COnsti-
~tutional right 10 proceed to organize as 4
House in Suoh manner as a majority present
may determine on. Other wise, they would
have no power Ia elect a Speaker of the
House. And this is in all instances done BE-
fore The oath Of Office, is administered TO
any member of the House.
The election of Speaker OF the House Of
Representatives before the administration Of
the oath # Office to any oil the members of the
House, must be considered an official act of
the House, or it would be necessary 10 90 in
TO the election Of n Speakr after the House
became organized. | presume, 1t was upon
this view of the subject, that 4 majority Ut
the members Of the present House Of Rep
resentatives in Congress. (who>e right Of
membership was u~ndispuled.l decided that
they had the righ; 10 exclude the five Wing
claimants from voting in the election Of
Speaker and other Offices of the House
Like the Editors of the Salt River Journal
a majority of the duly elected members Of
the House, came To the irresistible %conclu-
sion, that from all the lights before them,
Governor Peaa.ngton had hansceadci his
~Oo;rcrS.' Hence the justice Of their decision
against the frauduienf claims set up by the
fire New Jersey wing usurpcrs.
II precsb'Rt, is to he looked to as having
any just influence in the settlement Of the
question under consideration. it will he found
to be alrrrss to the claims set up hy Guerra
or Peaniagton's five .Whis' Representa-
tlves. at the meer' & OF the present Session
of Congress. The case of Moore and
Letcher of Kentucky, some years since is !
believe. the only instance Of record where
both the con,ending parties for a seat in
Congress, appeared at the commencement Of
a new Congress. and claimed the right 10
vote in the organization of the House. And
in that case, IN 4 motion made by Chiffon
Allen a'Whig' member nj the House Of Rep
resetatives from Kentucky, neither OF the
claimants, were permitted 10 vote in III.
election Of Speaker or other officers Of The
House. In that case the CLAIMS Of Moore
and Letcher, were referred to the Commit
tee on Elections, after the House was organ
lied BY the votes Of the members whose
right to membership was not disputed or
contested. This is the course that should
and would no doubt have been taken in the
New Jersey case of contested election, had
it not been thought by some of the political
uir. ,~corkers, that by a different course Of
proceeding, they would be enabled to defeat
the will Of amajority Of the people Of New
Jersey, and the will of a majority of the
people Of the United States, in the election
Of Speaker. Clerk, Sergeant-at-arms, Door
Keepers Of the House, and Public Printer
Facts are stubborn things, or as Henry CLAW
remarked on a certain occasion, 'kru.h is
omnipotent and public justice c~erta,n:'
X. B.