Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-14

hours after the time prescribed therel, anu until aie
he fact had been asccrtaned by the Clerk that large
oumbcr of alien and illegal votes had been taken Ther
were not excluded from the return because The ChrK
,ad any right under the law, TO investigate the polls
mi because Of the knowledge he had received OF the
,anre of the returns him, by the return Judges, OF
which under the discretion given him by the law, he
,ad tile ripb to determine as to the Legality or ne
| ralty He said the lists Of the county clerks mao
5een received by the executive of New Jersey, ana
he question was started whether the Governor was ho
,ound 10 send for the returns of Mllviilc and South
,mbov. He read the law, which made 1t the duty OF
The Governor TO send by express tor all absent re-
turns but he denied that the law contemplated any
ther returns than those of the county clerks, ana
that he had no right to send Tor the returns
If the polls The clerks had exercised their discretion
n excluding those polls and the higher authorities OF
The State had right TO behind the isis OF voes re-
,urned bv them He confident that was the right
construction Of the law; and cl'ea cases where Tue re-
,urn;ng officers the county clerks had exercised the
anne discretion and had thrown out several townships
# different periods in the history of New Jersey dc
was understood admit that If The Governor had the
power to go behind the county clerk returns ne was
bound by his oath send express for the polls; but
he onestion had been raised by the Governor himself
before the Privy Council whether 1t was not his duty
nnder the law send for the absent rejected returns
| The President of the Council had examined into the
question and different construction and, he believed
| = correct one was put upon the law. And another
question he said had been raised in the Council, whe
Their those papers which had been read in the House as
conclusive testimony, could be received by them. The
Council decided properly that they could not and he
was correct heretofore in saying that the returns OF
| Millyille and South Amboy were not before them
Mr. R then denounced the course the House had pur
sued towards The State of which he now the sole
Representative; and concluded by expressing 10 the
Honse his consciousness of the great responsibility
which had devolved on him III consequence.
| Mr. SMITH of Maine regretted that he had been
unsuccessful in his attempt TO get the floor, immediate
y after the gentleman from Virginia (Mr Botts) had
taken his seat, merely to reply to thai part OF the gen
,cman' speech which related 10 himself II not
his wish or intention into the merits of the qnes
ton of the right of the claimants to seats in the House
as members from the State CT New Jersey, believing,
as he did, that the House had become heartily Disguised
with the of that question: and the reteraton
of arguments which had been often repeated, that
i they were as familiar household words. Nor did he
consider the merits of that egltmately be-
fore the House. and open 10 discusson under the pro-
position Of the gentleman from Tennessee TO amend the
resolution of the chairman Of tile Committee Privi
eges and Elections (Alr. CampheH) The question
upon that amendment did not in the opinion OF Mr.
open the main question of right to Seats could be
the proper subject OF debate until the facts and evidence
had been fully examined and reported by the committee
10 which they would be referred.
MIR. S. SAID he only 10 explain and reply 10 4
portion of the speech Of the gentleman from Virginia,
which had been introduced with special reference the
course which he (hIr. 81 had taken in the House
The gentleman had read from newspapers published in
Maine, by the friend and ally OF the Wing party,
the late representative from Cumberland district, an
extract of speech said to have been delivered by Mr.
s in the Legislature Of Maine in the year 1890; and
had attempted to show manifest discrepancy by com
parison of the principles and opinions avowcd in that
Speech with the of Mr. 5. in this House. Mr.
S was unable say whether his remarks in the Legs
a,ure Of Maine had been correctly reported i'll the pa
per from which the gentleman had read. Ii utter
IL impossible fer him recollect, with any degree O.
disnctness or precision what the tenor OF his remarks
had been upon the occasion alluded to. But he vel
remembered the of Andrew Roberts in the Main,
Lcgisature-the decision upon it, and the glorious
suits produced by it. That the might be better
understood by the House, he would briefly state it.
The House of Representatives Of Maine, in $50
nearly equally divided. Neither party could coun
with much certainty upon majority. In the Senate
there were Democrats, and the number of Fe
deralsts, and vacancies which, by the Constitution
Of that State after the constitutional candidates hat
been designated by the Senate elect, to be flle
by such Senators and the House of Representatives
! convention. Andrew Roberts appeared as the Rep
reseniative of the town Of marlborough in the count
Of York-with his certificate Of election, and, noori
ousy large majority Of The votes of the people in hi
favor. No other person claimed scat from that town
and there acaS no cr eace 6Ore The House tending 10 i'n
pouch, IN any manner control that certificate But
- the Federal party lad heard that Mr. II. had not bce
3 elected the second Monday Of Sepe'nLer, the dn
. designated by the Constitution of Maine for holdin
i meetings for the choice of town officers but tina
the meeting in Marlborough, having completed but
part Of the business for which it called that da,
bR4 deprhs4 ts liz 4aE qleTiFF to K saRptfH Il
There was mass of evidence in the scase-sealed u
i and which could not be examined being directed
the Speaker; and the Federal party undertook to expe
Mr. Roberts from his seat and, TO their disgrace, sue
ceeded in the execution Of that neiarous purpose The
then proceeded 10 elect their Speaker, which don
by majority of rOtc' they filled the vacancies il
the Senate with their men-and counted the vote
for Governor in such manner as barely TO elect thei
. candidate.
oJ,,,r. 4
4 remembered by the people of Maine. They formed
most important epoch in the history of that State
What, sir, did they do: Suspend member who ha
l. obtained certificate or commission, some gentle
men pleased to call it, against clear, decided an
h Acknowledged majority Of votes thrown by the poo
plea majority not only proved by nndoubted evi
dencc, but confessed upon the floor by tic mem
,f Der himself Not so. But they rudely expelled
member from his seat who had his regular credentials
and the majority Of the votes and the law and Const
,S tuition and right, and Justice all in his favor and
this outrage elected their Speaker by majority of
l. r0te' What was the consequence of this outrage ii
that State; The people--the Democracy-hnd at tl
!, next election, arisen in their majesty and hurled tn
principal actors in these from their paccsrc
deemed the State from Federal thradom and with tn
il exception of single year. had held the Government
ever since.
The same result had followed the course Of Governo
Pennington in New Jersey. After the Congressiona
election in 1893 at which Messrs Dcke.son and bi
derook for reasons expressed by him the time Il
give certificates of election to other gentlemen, whc
had received but minority of the votes. The State
c election followed in 1889: and what the verdict
the people upon his conduct Instead of the hundred
Democratic majority given in s3s for Messrs Decker
son and others, they threw nearly Lwe THOUSAND De
: mocratc majority more triumphant and emphatic
expression ofhe voice of the people could hardly have
been given. Could il be believed that after the PEG
pie had thus SET their seal of dsapprobation upon the
Executive of the State, gentlemen would have the un
blushing hardhood TO appear here and claim seats nm
der the "6road seal" that Executive.
Mr.. 5. had in the Maine Legislature, opposed the go
ing into the investigation of the right to seat-no
contested by another-which had been gained by ma
orty Of the peoples votes and which, by any evidence
before the House, was not doubted or disputed. He
. would do so now. He would have been the las man
TO have refused the members from New Jersey holding
7 the Governors certificate seat in the House, had il
not been proved By the clearcst evidence and by the
acknowledgement Of the members themselves that such
certificate was not IN accordance with the majority
votes given for members OF Congress the election