The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-04-09


decision Of the question of ultimate
right depending before them until the
second Monday in April next, at
which time the committee will report,
the proofs to be closed, and will not
receive any testimony taken by Ell
Their of the parties after that time; but
nothing in this resolution shall pre-
vent the committee at any time be-
fore that day from taking up and de-
Gliding said case, if the parties shall de-
clare themselves ready with all their
testimony
In justice to the chairman Of the
committee, it should be stated, that
he indicated to the COMMITTEES an anx-
ious wish that The time allowed tor
the completion of the proofs should
be abbreviated, with 4 view to bring
the case, upon its merits, before the
House, at as early a day as practical
BILE; and three of the undersigned, in
Difference to the opinions and feel
ings ofthe chairman, ce-eperated with
him in an effort to procure areconsil-
Grafton OF the above resolution; which
was defeated by the votes Of the 9th
CT members of the committee.
Nothing now remained to be done,
but to carry out the original plan as
exhibited in the said resolutions; and
accordingly the following resolution
was offered BY one Of the undersign.
cd, and adopted BY the committee
ss2esolved, That the parties to the
contested election for the State of
New Jersey be, and they are hereby,
authorized to take the testimony of
such witnesses as either Of them may
desire to examine, by dispositions in
conformity with the laws Of that State
in force at the time Of taking any such
testimony, on the subject Of contest
ed elections in similar cases: Prorid-
ed, that the parties may, by any agree
ment under their hands, regulate the
mode Of giving notice, and other mat
tiers Of form, at their discretion
Soon after the adoption of these re-
solutions the commissioned members
left the city for the State Of New Jer-
sey, TO finish taking their evidence,
where they still remain. We did not
anticipate, nor had we an intimation,
from any quarter, that further pro-
ceedings in the case were contemplate
ed, either in the committee or The
House, until the expiration of the time
allowed the parties to complete their
evidence; nor are we willing to be-
lieve that the House would have
adopted the resolution of the e9th OF
February, if it had known the situa-
ton Of the case before the committee
or anticipated the construction which
the committee would put on the reso-
luton.
Nothing is more abhorrent to well
regulated mind, than the appearance
of deception or treachery in the adj
ministration of justice. We will not
for the honor of our country, believe
that the highest deliberative assembly
in the land, acting as judicial, and
deciding, not only upon the rights OF
one Of the sovereign States of the I'm
ion, will, for a moment. after these
parties have been sent away in con-
iident security that they were to have
time to take their evidence, entertain
the idea of taking up the case in their
absence, and deciding it without a
hearing, and with the proofs on one
side wholly incomplete. Such a pro-
cedure would be an example of MUS
tice and per6dy SO fragrant, and estab-
lish precedent SO pernicions, that it
would hardly be respectful to this
honorable body to give it a further ex-
animation.
At this stage Of the proceedings
(the parties having returned to New
Jersey to complete their testimony
the subject was again brought before
the House, and strenuous effort made
to instruct the committee to report
forthwith who had received major
ity Of the votes given at the polls;
and on a proposition to amend the
resolution by inserting the word sslaw-
full" so as to require the committee to
report the lawful votes only, long,
earnest, and, to some extent. an angry
debate arose; and, by the casting vote
of the Speaker, the amendment was
adopted; and the resolution was sen,
to the committee in the following
form: :
"Resolved, That the Committee of
Elections be authorized to report to
this House such papers and such of
their proceedings as they may desire
to have printed by order Of the House,
and that they be instructed also to re-
port forthwith which five of the ten
individuals, claiming seats from the
State Of New Jersey, received the
greatest number of lawful votes from
the whole State for Representatives in
the Congress of the United States, at
the election Of 1888, in said State,
with all the evidence of the fact in
their possession. providad th,t notb-