The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1840-03-26

members and rejected. They also alleged
that they expected TO prove an extensive
conspiracy among the friends of the oPpo.
site set of claimants, to perpeiuate these
| frauds and obtain these illegal votes that
! they had taken some evidence TO establish
said fact, but had been prevented from COM
plelipg 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 wit
nesses; and also because the friends Of tho
non commissioned claimants had persuaded
witnesses not to attend for examination /;
aud bad prevented officers from taking de-
positions by intimidation and threats Of pub.
lie prosecution for so doing; and they ask.
ed further time, and tie authority and III.
restion of The committee to enable them 10
compel tho taking Of their testimony.
The roa.commissioned claimants denied
all knowledge Of The alleged frauds and il
/ legal votes; but stated ,ha, they had heard
Of some alien votes having been given at
Milyille, and admitted the fact and also
presumed that alien votes were given in 9th.
er parts of the State but believed that there
were as many on the one side as on the
other
These statements we're not completed and
! laid before the committee until the 23d 6ay
Of January, and 1t was obvious from an ex-
animation Of them md of the resolution Of
the House referring the matter, that tho
committee must pursue one Of two courses
that they mus, either make preliminary
report, awarding toe vacant seats 10 one
set Of claimants, until the whole subject
could be investigated, and The final right
determined; or proceed TO full and thor.
ough investigation of the subject, and de.
eide upon the merits Of the whole case at
once.
Eight members of the committee out Of
nine were n favor Of submitting prein-
mary report, By whch the vacant seats
would hove been filled but they differed rs
to the basis on which that report should be
founded We entertained the opinion that
it should be based on the legal returns Of
the only authority recognised by the laws
of New Jersey, as authorized TO grant The
return-Ihat being the highest prin,a facie
evidence of an election that could be pre-
sented--and which it has ever been the
practice of Congress, and Of all other iegis-
| lative assemblies, 10 treat as conclusive IN
| the first instance. And, accordingly, one
of our members submitted the following
propositions
= Resolred, That This committee will now PRO
| coed 10 ascertain and determine who have the re-
turns according to tie Constitution Of the United
| States and the laws of New Jersey, and will au-
| thorizc them 10 occupy the contested seats from
that State, until the question Of ultimate right
can be determined"
Other geutleme of the committee, differ.
ing with US in opinion, thought that the Elk.
ecutlye commissions should be entirely
overlooked and that it was the duty Of the
committee to proceed at once TO ascertain
which party had received majority Of all
votes, good and bad, given at the polls;
and were, therefore, entitled 10 the returns
and submitted amendments to that effect.
This view OF the subject we deem utter
" fallacious; bat time win not permit US
10 enter into the argument. Theconsequen,
ces resulting from this novel doctrine, are
well Illustrated by the scenes OF disorder
and confusion which resulted from It's appl
cation at the present sesslon-scenes ~ a
high degree discreditable tothe House, and
eudangering the peace Of the country, and
which must greatly impair the confidence
of oil right thinking people in the perpetu,
ity Of our free institutions.
Upon careful examination Of the laws
Of New Jersey. We ascertained that the
Governor aud Pfiyy Council were mere
ministerial officers, charged with certain
specified duty, plainly set forth, VIZ TO as
certain and determine which six OF the
persons voted for received the greater Uum,
Der Of votes, according 10 the returns made
by the clerks Of the several counties of the
State. That the individuals who we're com
mss,oncd BIZ the Governor of New Jersey
as the Representatives of that State, had
received the greatest number of votes thus
returned according TO law, was fact not
disputed or denied,
Finding this difference Of opinion, how.
ever to exist in the committee as 10 the ba,
sis Of a report, The mover Of the original
proposition modified the same, with the
view of reaching the sense of the commit,
tee and merely proposed, in general terms,
that a preliminary report should be made,
designating the individuals who should oc.
cupy the Vacant seats until the question Of
ultimate right could Be determined: thus
mantasting a disposition to have the seats
| filled, as the committee and the House
might determine, according TO their sense
of justice and propricty. But, from an aP.
prehension, as we presume, that they could
not succeed in the unieuablc ground they
had taken, that the report should be made
/ favorable to those who barely obtained a
majority of all the votes, legal and illegal,
given a, tho election, the modified resolution
was likewise resisted; and substitute OF
tered, which proposed to inquire who were
Quilted 10 be returned as members elect /;
evidently on the ground of good and bad
votes; for when it was proposed TO insert