The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1840-03-26
NUMBER 2e.

/ Thus II VIII be perceived iDat tue coN'
mittee came 10 on early determination to
investigate the ballot boxes, and ascertain
who were entitled 10 the seats on the ground
Of having received i majority OF legal votes,
in which decision we acquesced; and, al
though our opinions were unchanged as 10
the prnpriety ofthe views we had expressed
we determined 10 make no further effort to
procure result that, in our judgments, eve
ry principle Of justice demanded.
We then proceeded to the consideration
of another resolution offered by ore of the
gentlemen Of the majority, which as amend
ed and ultimately adopted, is as follows:
Resided, further, That whilst in the opin.
ion Of this committee, the certificates Of the Gov
ernor Of New Jersey Priina tac'c evidence that
those who hold them are entitled 10 seats, they
arc not conclusive evidence as TO the ultimate
right and that such certificates, being contested.
such right must depend on the majority Of legal
votes givea in confority with the Constitution
Of the United States and tho laws Of New Jersey"
! On this resolution a division was called
/ for, 10 wit: on the first branch as follows:
! "Resolusd, further, That whilst in the opin-
ion Of this committee the certificates Of the Gov
crnor of New Jersey are pri,aa tacie evidence that
those who hold them arc entitled TO seats, they
are not conclusive evidence as TO the ultimate
right"
And those who have paid much attention
to the progress of this question, both 10 the
House and the country, will perhaps be
somewhat amazed 10 hear that this PROPOSE
ton, for which alone we had contended in
| tie House, and the defeat Of which had
caused sovereign State 10 this Union to
be- deprived Of FIVE sixths Of her representa-
ton on the floor of Congress, and had ex-
cited the public mind in every part Of tho
conisderacy, met with the unanimous sane
/ lion Of the committee.
| The resolutions, as adopted, were CON-
nunicated to all the parties engaged in tho
contest under the following resolution:
"Resotrcd, That the foregoing resolutions bs
communicated TO each of the claimants to the We
cant seats from the State of New Jersey, and that
this committee will hear them at their committee
room on the 29th day of January. instant, at 10
o'clock in the forenoon, on the subject of the
measures which should be adopted TO obtain the
evidence applicable to inquiry before tho com.
nlittee."
| Accordingly, on The 29ih of January, the
parties appeared before the committee, and
there was likelihood that after fifteen days
Of time and labor spent by the committee
before they could arrive at any conclusion,
we should at once proceed, in pursuance of
these resolutions, 10 ascertain which five OF
The ten individuals claiming seats had now
4 majority of legal votes, and were there.
4 9oro I.,I,, afaoFoI r,,npnbaro IS Eor
when, very Unexpectedly TO the undersigned,
the chairman of the committee moved a re-
| consideration of these resolutions, with
view to offer substitutes. They were re.
considered accordingly, again discussed.
and LAID on the table, and the chairman in.
| troduced substitutes which we're amended,
modified, and discussed, and were finally
adopted, after two days of additional labor,
and are as follows:
! "Rrscirsd, That the credentials of the Coz.
ernor Of New Jersey primd fdcie evidence that
they who hold them entitled to seats, but be-
ing questioned on the ground that all the votes
pocd were not counted, this committee will now
proceed TO inquire aud ascertain who of the ten
claimants for the five contested seats, received
the greatest number Of votes polled in conformi-
~ with the laws of Now Jersey, at the late cleo.
tion for members of Congress in that State.
" Resolre6, That all votes received by author.
lied officers acting in conformity with the laws,
are lrtna tacie legal: but it being alleged, and
offered TO be sustained by evidence, that plurali.
ties we're obtained by means of Illegal votes and
frauds perperated on tho ballo-box, this COM
uttee will admit evidence to the truth of these
allegations and inquire who of the claimants re.
ceived the greatest number of legal votes in con-
i IL A.
States and the laws of New Jersey, and therefore
arc entitled to occupy, as members of sAe 26th
Congress, the five contested seats from that State
"Rcolred, That tho adoption of the above
resolutions does not preclude this committee from
reporting the facts and testimony with its opin-
/ ions thereon for the constipation of the House,
at any stage of its proceedings that il may doeu1
it expedcut 10 do so.
! "Resolre3, That copy of the foregoing reso-
lutons be communicated 10 each OF th2 claimants
I 10 the vacant seats from New Jersey, and that
! they be informed that tho committee has recon-
sidered and indefinitely postponed the resolutions
! furnished them on the 2Sth instant, and that this
! committee will hear them at their committee
room on Saturday, the LIST February proximo, at
ten O'clock i'll the forenoon, on the subject of the
measures which should be adopted TO obtain the
evidence applicable to the inquiry before the com.
mittee."
The parties accordingly net in the CON-
miitee room, and, after they we're severally
heard, the committee adopted the following
resolution
Rcsoipsd, That we will now take up the tes.
timonY which has been referred TO this commit
teo in the New Jersey case; and If, during the
Investigation Of the subject, it shall De desired by
either party TO furnish additional testimony that
thsn the parties DO allowed such reasonable time
as may be determined by the committee, to take
such additional testimony, in the manner pre-
scrbed by the laws of New Jersey relating to con.
tested elections, unless the parties agree upon
some other mode which may be sanctioned by the
committee"
Thus it will be perceived that before
paper purporting to be testimony IN this
case was opened by the committee, It was
resolved tina, time should be alio,ced either
party requiring il 10 take additional tests'
,Do,p with yiew as we supposed of as.