Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-21

II apnearine to the Governor Of the oii.c %
,orssr and the Privv Council thereof that you ha's
oen elected By the people Of the STATE OF 1sG"
10 represent the SAID siir ~ t.ie ll" t,e United
S,a,ss You the said John T. Aycrigr, urc thfreio!e
commissioned 10 represent the State Of New S"rs's -
,ha Hosc of Representatives OF the United states du
ring the twenty-siSth Congress
In ties tinlony whereof! &c >.,,c,rrr
(Signed,) WV i.-'''i' -
BY the Governor.
JAMES d. WEsTcoTr, Sec y 81 o'"l'
r'rhe same in relation 10 the other i've mcmocrs.J
have also in possession the certificate Of the Sec
rotary of State, Of the State of New Jersey, Of which
the following is copy
State Of .N,hr JerScy, -:
T. James d. Wcstcott, Secretary Of The State of New
Jersey do hereby certify, that upon careful exam.
nation of all the returns made b. the several Clerks oil
the respective counties IN said STATE and filed IN my OF!
Ace; and also. of returns of votes given IN the townships
OF South Amboy, in the county Of Middicsex, and OF
Millvi!lr, in the county Of Cumberland verified by
the a!dayts of the several township officers Q: cleo
ton IN said townships respectively, which township re-
turns were included in the returns of the Clerks OF
said counties of Middescx and Cumberland and which
were directed TO be filed by the Governor and now re-
mai file in my Office, OF the election for members
represent this State IN the House of Representatives
Of The twcnty-sixth Congress Of the United States,
held on the ninth and tenth DAYS Of October, Ammo
Domini one thousand eight hundred and th'rycighi,
II appears that Philemon Dickcrson received 2o,i'
votes Manning Force 2s.5!i votes, Peter ID 'r"om
p leg votes, Dame! b Rya 2s,iil votes, William T.
Cooper 2c 40 votes Joseph killc .-l2o vo'cs-Johi
b. Aycrigg 2-,2Hi votes, John T. Is. Maxwell -7,57''
votes William Hals,cd y 1897 votes, Joseph F. Ran
doph 2S,27 votes. Charles c. Stratton 2,!o v"irs,
and Thomas Jones Yor:e 2l votes, aud by whcn IL
appears that at said election Philemon Dickerson, re-
Ter d. Vroom, Daniel B. Ryall, William H. Cooper
Joseph Kil!e, and Joseph F. Randolph received ma
orty of the whole number of votes given IN the State
Of New Jersey for Representatives OF said State IN the
House of Representatives Of the twenty sixth Con-
gress Of the United States.
In testimony whereof, &c
r. 81 (Signcd,) JAMES ID. WESTCOIT.
This TO nv mind, is clearly of double return
"a conflict between two authentic public documents
Which ought to have preference, not my province 10
decide Each State has its mode of conducting
and publishing its elections Some arc content with
the mere certificate of Sheriff, others adopt more
formal mode through the proclamation or commission
Of Governor, but III either there IS nothing more
than mere ministerial function TO be dschar@ed.-
Whether Governor or Sheriff, he is pro hat rice,
only conH Pipc, or medium through which the pco,
pie convey their wishes 10 the individual elected, and
The body to which he is accredited. If the Governor )
commission amounted to more than that, II would
lead TO this absurdrtv, that member of Congress
would have higher title than another TO his seat IL
would also lead 20 this consequence, that Governor,
by placing the commission, under seal o The state, IN
OF
dispute and would finally place it in the hands OF the
State Executives to return what members they pleased
Congrcss-a high prcrogative claimed by the Com
mons 81 an early period.
hold therefore, that the Governors commission or
proclamation, like Sheriff certificate, IS nothing more
than the pra |aCic evidence Of election, liable to
be rebultcd by other evidence Of equal authenticity, as
in this case by the certificate Of the Secretary of State,
with the seal of his Office, which he ccrthcs that "it
appears that said election Philemon Dickcrson, Pc
ter D. Erooni, Daniel B. Ryall, William X. Cooper, Jo-
scuh kc and Joseph F. Randolph received majority
of the whole number of votes given in the said State of
New jersey for Representatives of SAID State IN the
House Of Representatives of the twenty Congress
Of the United States.
Not feeling it nv duty to determine between an au-
thcn.ic document, which declares that certain men are
elected members Of Congress- and another document,
of equal crcdib;y which declares that certain other
men have the majority o votes. submit the case with
the evidence in my POSSESSION, TO the consideration oil
the House.
| prepared statement, also, of the Pennsylvania
case, in the following words:
STATE OF PENNSYLVANIA.
TnIEp CONGRESSIONAL DISTRICT
Doubic Returns.
have in nv possession certificate signed by three
"udccs Of General Election held at the several cleo
ton districts composing the Third Congressional Dis
trct on Tuesday, the ninth day of October l>j, IN
which they ado certify that the following persons has!
the number OF votes affixed to their respective names,
| TO wit
Charles Nayor had six thousand SIX hundred and sixty
| nine votes, n,mE'
Charles J. ngcrsoll had five thousand eight hundred
| and ninety ionr votes 5,-H
! Charles Nayor having majority Of the votes poll
ed, s elected member Of the twcnty-slSth Con-
grcss, &c.
Accompanying this certificate, ~ Proclamation OF
the Governor of Pennsylvania, put forth on the lst
December, 1e3S, whereby it is published and declared
shat Charles Navor has been returned as duly elected
in his Congressional District, NC.
In addition to these documents and IN conflict with
them | have certificate signed by three other
Jurcs ola General Election held at the several Flee
ton Districts composing the Third Congressional DIS
trct of PENNSYLVANIA except the Incorporated dstrc.
of the Northern Liberties which returns rejected,
en- Tuesday, the ninth day of October, 1o3-, IN
which they ado certify that the following persons have
the number of votes affixed 10 their respective names,
| to wit:
| Charles Naylor, three thousand three hundred and
6f,y.nur votes :},35i
| Charles J. Ingcrso three thousand nine hundred
and 6fce, votes 1915
Accompanying this certificate, which was forwarded
to the office of the House of Representatives on the
18th November, 1889, note according to the law Of
Pennsylvanp addressed the House OF Representa-
tires hy Fr r. Skunk Esquire. Secretary of the Com
monwealth, in which lie states, that from the returns
nf General Election held Tuesday, the 9th OF Dcto-
bcr ISIS in Tie Third Congressional District at APP
pears that Charles j. lngerso was duly elected 10 re-
present the Salu uiStTlCL III -ot!i Sc.'ei''S'
AT subsequent period, TO wit on tn" 18th No"ci"-
bcr 1880 a Proclamation OF the Governor 81 Penn
svlvania was received; which Proclamation was put
forth on the .5.h of Nov 1882 and declares "that
CharcsJ InGcrso, aforesaid has been returned as
duly elected in the third Congressional District, on the
glh of October 1888, representative of the people
of this State in the Congress Of the United States,
&c.
Believing this to be of Double Returns and
that it is not my province to determine between the con-
testing parties, submit it TO the consideration of the
House. which the Constitution has made the sole tribu-
nal to Judge of the eiecti0ns rcturS amt qna'rHt'onS
of its members.
Respectfully,
HUGH ALFRED GARLAND,
Acting Clerk Of the House Of
Representatives, l. ,
The Banks at Savannah, Georgia, have lately sls-
pended specie payments. II is now said that all Tie
Banks of Georgia, except the Mechanics Bank OF
Augusta and the Insurance Bank Of Macon, have sus
pended specie payments