The Madisonian., 1840-02-06
SPEECH OF Mr.. BOTTS,
Or VIRGINIA,
ON TIE NEW JERSEY CONTESTED ELE(
TION.
House or REPRESENTATIVES,, Jansary D, 1910.
CONTINUED.

CONTINUED.
|. But, Mr. Speaker, are we len ia doubt as to The
proper course OF proceeding here Are We left
alone to precedent, 10 usage practice and conjec
lure, OF what IS right and lawiul2 NJ, sir; the law
on his subject IS written law which has for
tures governed every legislative assembly both in
this country and in England hold 10 my hand The
Parliamentary law-he " Lcr Pariiamsatatia"- -
which is the fundamental law OF G. vernn4ent; and
what does ii say Page 2il, it reads:
"Al contrscs, promises bonds, ard securities what.
soever hereafter made given procure any return Of
any member, any thing relating thereto, be adndged
void, and 1hat whoever makes or gives such contract
security, promise or bond. any grft reward pro-
such false double returns, shall forfeit 1900 &c
Here, then, The case is evidently contemplated Of
purchased reiuIn-a return procured by fraud; and
yet il IS provided, page 229
"J a sheriff staH return one for knight of The
SHIRE, cho urduiy NOT at all eitcted yc he thai
rs returned renaias member Of the House til has
! election be declared coiin
So in the case Of MIR. Downs whose return was
disputed in January, l64l Just 1879 years 60 he be-
ing returned for Arundel. 1T was ordered that he
be presently sworn and admitted as a member into
the House until such time as the election b. deter
mined" But all this we told, comes from lie
toiabS OF antiquity, and must therefore be disregard
ed, and new order Of things is to be established
II Ibis is The doctrine (aS firmly believe is) elhe
friends u the present Administration, let them say
SO at once to the substantial People Of this country.
and We shall soon be rid Of their aid in the councils
| of The nation
Now, sir, from The period Of lGil down 10 the
| present day defy any gentleman to show me
single precedent, either in the history OF the British
Parliament or in our own country, where there has
been departure from this wedehned established
parliamentary law. Yes, sir, there has been one
distinguished in the Stale of Maine which |
must except, and to that will presently refer, and
show who were among The principal actols in that
scene but nowherc else has il ever been altenpted
nor do know OF but one in which the qu >ton
has been raised in regard to The right of member
TO take his seat in the first instance who produced
the only legal, formal certificate return or commits
sion, as they are yaronsy called in the different
States; andto that will presently refer iorthe b.ne
| fit of my honorable colleague over the way Mr.
Dromgoole,) who was so hard put 10 il for prece-
dents few days ago.
New Jersey, then. entitled to six Representatives
here, hofs regular elections at the time place and
manner prescribed by law, and grants a commission
TO those six Representatives, and they present them
selves, and demand to be sworn. They come with
their litie-deed in their hands and claim the posses
sion Of their seats.
Here message was received from the Senate
after which, there being special order Of the y,
il was moved and carried unanimously that said or
der be postponed until Tuesday following
Mr. BORIS resumed. Let me suppose, Mr.. Speak
er, that YOU were sitting as judge ia our own
State, and was in possession Of my own estate,
property for which had legal and formal deed,
regularly signed, sealed delivered, and recorded.
Mr. Bolts has legal title TO the properly he holds,
but here is 4 certificate from my counsel in which
he says am the equitable owner Of tina, properly,
and entitled to The proceeds and demands Of you
either 10 put him in immediate possession OF the
property, or dispossess me- and retain il in your
own hand, in his behalf: what would be your an
swer as judge Bring your suit, prove your title,
prove that the deed has been improperly, illegally,
or trauduenlly obiained--prove this to the satisac-
tion ol the court, and you obtain decree; but,
in the meantime, he who holds The legal title must
continue in possession by virtue Of his deed. Would
You hesitate to give such answer in such case
And If not, what must you think Of that judge who
would act as is here proposed and has been done
in relation TO these parties presenting legal title,
formal deed for their seats?
Are not the cases analogous Do not the parties
on one side present legal claim, while the Others
present only the certificate of the attorney or Secre
Mry Of Slate, of what he thinks might or would
have been, provided and 50 had happened which
the law forbid should happen2
Is there any in thisl Why depart from
the established law? What mischief may not grow
out OF itl Let us suppose the Presidential election
To be thrown before the House OF Representatives.
There are twenty-six States in the Union Let us
suppose that there thirteen in favor of the cleo
lion OF Mr.. Van Buren, and thirteen in favor Of
General Harrison; and suppose the vote of Vir-
gina stood ten for Harrison and eleven for Van
Buren, as the fact might have been if Mr.. Barton
had prosecuted his contest with my colleague on my
! left, Mr. Lucas, and had succeeded. Now, what
could we do under this precedent that you have es-
| tabIishedl Why, get up contests make it our
I selves get certificate from some man. no matter
who--if you choose from The Secretary OF State in
Virginia, who has no more to do with election
law than The Secretary Of State in New Jersey has
to do with the elections in New Jersey] that he be-
levcS that il the sherfS who have returned my col
league from The Chesterfield district had discharged
their duty faithfully, or all illegal votes and returns
had been counted, somebody else would have been
returned, and then Mr. Jones is told stand aside
until The election of President is over, and then his
| "a 40 cup hp M IN vptp al
Harrison gets his thirteen States; the vote Of Vir-
gina is given ten andten and, OF course is lost and
Mr.. Y II Buren, cheated out OF his election by this
palpable fraud. ask the People of Virginia, and
the Administration portion OF them particularly,
what they would say 10 il Z Yet this Is the case
this is the fraud praclised New Jersey, for The
purpose Of electng Speaker and other officers Of
the House
must not shudder at the consequences that may
suit from the course you arc pursuing
Is this House at present conStttulionally organiz
ed2 Will any law passed by this body be recog
nsed by New Jersey as carrying authority with IL Z
Suppose the States OF New York, Pennsylvania Vir-
ainia, Ohio and Kentucky, sending l22 Representa-
tves here constituting bare majority OF Congress,
embraced the entire Opposition TO the Aministfa-
ton and the other II States, being minority, and
constituting The whole Administration VOTE we're TO
undertake, Tor political and party objects, To exclude
the New York. Pennsylvania, Virginia or Ohio
VOTE or either or ALL leaving the Stale OF Kentucky
" eoHstitu't Win quoIuili, Hnu tHt| NtiS w
| succeed before you were an organized and sworn
body docs any man believe that these States hav-
ing done all that the law required at their hands 10
| entiile them to representation, would submit TO
| decision thus formed, or that any law passed by
body thus organized would be regarded or rccog-
missed a constitutional law And il not then the
principle will surely apply well 10 State as TO
four and her situation, her weakness, her want Of
power protect and defend herself cannot possibly
be urged seriously as an obstacle to her constitution
al rights II the principle is true as 10 one State, u
is true as to all and imagine 10 yourselves what
would be the consequence il the three r four large