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

TO prove together with any legal points they nigh;
INK proper 10 submit sustain their respective
claims
Ia pursuance Of this suggestion, they made TO The
Co,nmiltee written communicate In VIII lch their
views ofthe controversy and the 4 6hds Of heir re.
speclive claims were fully developed; and which
Ia substance as follows: The commissioned
members claimed The vacant seats under and by vir
Tue OF the commissions issued by The Executive Of
New Jersey; and insisted that ii the Committee
should determine TO go back VI those commissions,
and to inquire into The merits OF The election they
had majority Of The legal votes polled, and also
majority Of The Votes lawfully certified 10 The Go
vernon.
The commissioned claimants admitted the
authenticity oil The commissions but alleged that
they received the greatest number Of votes polled;
that the Governor and Priyy Council unlawfully re-
fused to count the votes from The townships of Mill
vile and South Amboy, for the reason that they
were MOI included in The certificates Of the Clerk Of
the counlies Of Middlescx and Cumberland; and
that had the votes Of The townships been counted,
the result would have been majority in their favor.
That the commissions being thus enormously and
unlawiully issued, we're void
The commissioned members, alleged numerous
frauds and illegales In The elections some ofwhch
they insisted ought to set aside The polls; aud others,
invadate the votes; such as excluding duly elected
persons from officiating as judges Of election the
determination of elecng officers 10 receive alien
votes, and in fact, receiving such votes, knowing
that they were Illegal disregarding all challenges
OF illegal votes. and permitting persons attempting
TO challenge TO be driven away by threats and VIC
lence; and raudulenlly abstracting votes given for
them and substituting others for their opponents
and rejecting legal votes offered for them; and ad-
hitting illegal votes The other side and they also
submitted to the comaiee list showing about
$50 illegal votes given and counted Tor The non-com-
missoned claianm,s, and three or four legal votes
offered for the commissioned members and rejected.
They also alleged that they expected TO prove an ex-
lensive conspiracy among the friends Of the opposite
of claimants 10 perpetrale these frauds and obtain
these illegal votes that they had taken some evil
dence TO establish said fact, but had been prevented
from completing the proofs, because there was no
law regulating the mode in which the same should be
obtained, or giving compulsory process TO compel
the attendance Of Witnesses and also because The
friends Of the non. commissioned claimants had per-
suaded Witnesses not 10 attend for examinations; and
had prevented officers from taking dispositions by in
limidaton and threats of public prosecution Tor SO
doing and they asked further time, and the autho-
rity and direction Of the committee to enable them
10 compel the taking of Their testimony
The non commissoned claimants denied all know
ledge of the alleged frauds and illegal votes; but
stated that they had heard Of some alien votes hav-
ing been given at Milvie, and admitted The iaci
and also presumed that alien votes were given in
other parts of the State: but believed that there were
as many on the one side on the other.
These statements were not completed and laid be-
fore the committee until the 23d day Of January,
and il was obvious from an examination OF them,
and of the resolution Of The House referring The
matter, that the committee must pursue one Of Two
courses-that they must either make preliminary
report awarding the vacant seats to one sci oil claim
ants until The whole subject could be investigated
and the final right determined or proceed TO full
and thorough investigation OF the subject, and de-
eide upon The merits Of the whole case at once
Eight members of the Committee out Of nine,
we're in favor of submitting preliminary report,
by which the vacant seats would have been filed
but they differed 10 the basis which that report
should be founded. We entertained the opinion
that il should be based on the legal returns OF the
only authority recognized by the laws OF New Jer-
sey as authorized to grant the returnthat being the
highest prima facie evidence Of an election that
could be ented-and which it has ever been the
practice of Congress, and of all other legislative
assemblies TO treat as conclusive in The rs instance
And, accordingly one OF our members submitted the
following propositions
Resniped, That this Committee will proceed
10 ascertain and determine who have the returns &C
curdiug the Constitution OF the United States and
the laws of New Jersey; and will authorize them 10
occupy the contested seats from that State, until the
question of ultimate right can be determined
Other gentlemen of the Committee, differing with
us in opinion, thought that the Executive Commits
sons should be entirely overlooked; and that il was
the duty OF the Committee TO proceed at once to
certain which party had received majority of all
votes good and bad, given at the polls; and were,
therefore, entitled to the returns-and submitted
amendments TO that effect
This view of the subject we deem utterly fllla-
cious; but time will not permit US to enter into the
argument. The consequences resulting from this
novel doctrine, well illustrated by the scenes OF
disorder and confusion which resulted from its ap-
plication at the present session-scenes in high de-
gree discreditabe to the house, and endangerng the
peace of the country, and which must greatly i'm
pair the confidence of all righthnkng. people in
the perpeluity Of our free institutions.
Upon a careful examination Of the laws OF New
Jersey we ascertained that the Governor and Privy
Council ministerial officers, charged with
a certain specified duty, plainly set forth, viz. tc as
certain and determine which six of the persons
voted for received the greater number of votes, ac
cording to the returns made by the clerks Of the
several Counties OF the Stale That the individuals
who were commissioned by the Governor OF New
Jersey, as the Representatives of that State had
ceved the greatest number OF votes thus returned ac-
cording to law was fact not disputed or denied