Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-06

4
representations direct and immediate representa,io on
of the people. This branch Of the Legislature there
tore constitutes popular feature IN the Federal Go
ternment, which, nevertheless, in ITS character is
manly icderlve But, in tcsowng on 1t this feature
Of popular representations the distinction of separate
State sovcreignties is still preserved, for the members
are 10 be chosen shy the people of the Serera States;
thus even in direct popular representations carefully
excluding the idea Of consultations He saw his
a5!c colleague talludng 10 Mr.. Talialerro smile: he
hoped It was the smile Of approbation for, in former
times, (said MIR. D he fully concurrcd III these great
doctrines of the State Rights party.
i In looking inio the "retnrns' of the New Jersey
elections If we should 20 behind the great seal
shal! be guilty neither of n violation Of the Constitu-
ton OF the rights of the State Of Nav jersey but
the contrary, in conendng for the right of the peo
pie TO elect their Representatives., and in denying the
power of the Governor, by virtue of commissions.
even with the broad seal attached. substitute in their
stead those not "ctosea, vindicatng the rights
OF the State sovereign member OF the Conederu-
cy, and carrying out the Federal compact in its
fullest extent and according its interpretation
We inquire, whom have the people elected to repre-.
sent them-whom have they "chosen' as "mem-
bcrs'' of this House, and whether the persons thns
chosen members, have been duly returned: And,
| III so doing, we commit no encroachmcnt upon
sovereign State, but EXERCISE part, clear
Constitutional power, 10 prevent its rights from be-
coming sacrifice to the ignorance, mistakes or
frauds Of returning officers. He should like 10 know,
lsl.d Mr.. d. from the learned gentleman from Penn
sylvana (Alr SergeantD or from any other member,
where il that any authority be found to sustain
the assumption that the House Of Representatives
not 30 behind the commissions Of the Governor Of
New Jersey, with the great seal Of State, in d"c;ng
upon the elections, returns and qualifications CT It's
members He wholly denied that there any such
authority in the Constitution laws in presidents
| found in parliamentary practice. He conended that
the word sreturns general in its import; that it
embraced al the returns throughout the State, and
carried with It every question properly connected with
! them. we have, said he, as much right to inquire
INTO the returns Of the votes of Melville ana South
Amhoy, winch were suppressedby the clerks As into The
commissions granted by the Governor. If gentlemen
donb:ed this, he would cite for ;;efa abundant and
t!sacory authority from presidents of this House
Mr. d. here referred 10 the of Spald and Mead",
case Of contested election from the State OF Georgia,
decided in the first session Ok the 9th Congress IN
this case, under the laws of the State Of Georgia the
votes were required TO be returned within limited
time. The votes of three entire counties not re-
turned within the time prescribed by law, and the Go
vernon fell it to be his duty to up those actually
returned, and TO give the certificate Of election 70
Cowl"S Meade, who had obtained msori.. The
srat contested by Thomas Snai,ng. who based
his RIGHT upon the ground, that it the t!uly oil
the House 10 "a back To returns Of the votes Of Tat
nall, and Camden, which had mol reached The Ex-
ecu'ive in time 10 BE- counted; that they we're Tot
precludci from dong by the Go"rrnors GER
tticac. hccalsc ii c1nciGS;r6 evidence, but
prinR EIcc only. The House maintained tie right Of
SpulunT. the contested seat, UcclilSc
had obtained 4 maiorit: Of all the votes given the
district which fact was made to appear By procuring
the returns evidence of the state of The pos III the
omitted counties. HE House, therefore, decided that
they were not restricted TO the final return Of the
Governor, but that, under the power judge Of the
.returns," they had jurisdiction of the whole sub
ject OF returns. the primary and intermediate re-
turns well the ultimate. All the returns are
links in the chain they are component parts
Of the whole. The laws Of New Jersey require ''re
:, Ipca To
county clerks Tho from r S fsne" jasy e,s :"
make src.m-as of tho aggregate vote of ear. county,
and they require the Governor to sum up all the "re
turns" and to grant commissions of election to the
pcrsons having tie majority cf the whole number OF
votes The House, have secn gave Spalding
the seat, counting Tic votes held back, and holding
tina, !, their right and dny to do and that It was
mmaeria whether the omission nf the State authorities
was caused by the act Of Gcd, or the result o!
fraud, accident, or any ,h.ng else.
In conformity with this precedent, this House will
90 back and look into all the "rc.nrns from the pre-
cincs, trace them through the county "returns INTO
the Executive chamber, and inquire II all have been
transmitted, if they have been correctly summed up
and if those having, in fact, received majority oil
votes, have also received the Governors commission.
Mr d. also referred 10 the of David Bard of
Pennsylvania decided in the first session of the Fourth
Congress II does not appear that his seat con-
tested; but there investigation into the facts Of
the case The irdgcs Of elections failed to meet and
make their return in November required BY law
hit they did meet in May following and make return OF
Bard shcld that this rrrguarity did not vtiate the
election or return: and The committee state, "that III
consequence of the informally of the said return, IT
being the Let May, nstca of the 10Th November, tho
committee have called Tor and obtained the sercra
county urne, which the district return found
cd an; have made estimate of the votes, aS they
oppcar from those Returns" According to the est-
mate made rca these primary TtihInS, appeared that
David Bard had The greatest number of r":cs and The
Hons" sustained the report Of the committee, declaring
that IL was entitled his scat Here II decided
that tho failure make return in due time does not
atc The right seat: and that resort may &c had TO
the primary returns TO ascertain the inct nt election
Mr. D. next referred to the Of john Richards Of
Pennsylvania which also occurred in the frs. session o
the Fourth Congress Amongst other things u was
settled in this that ''thc returns of votes, though
not made within the time required by the State law,
are not that account to he rejected provided the op
portuny has been allowed The State authorities to act
mon them Now, sir, isaid Mr.. d. according - tins
case, if the returns Of the votes given at Mi"e ana
South Ambny reached the Executive OF H. Jersey
before the time which he required to cast up the
votes and issue his commissions although alter the time
prescribed TO the county officers TO make return, they
souuht have been received and estimated with the
other returns And if the Governor has failed taS to
receive and estimate votes aud in consequence Of such
failure or omission, refuses ncgects 70 grant GER
ticotc TO those who BY sch estimate would have been
entitled to it, their rights according to the principles
| of the case lust cited, suffer no prejudice"
Mr. D. also referred to the case OF Mallory and MGR
r which occurred in the first session Of the Sixteenth
/ Congress And in that case, amongst other matters i
was settled that "votes fairly given 10 party, MAJ be
counted in his favor. though they lave n'rer been re-
turned the proper State authorities the default OF
,reurn not being chargeabe upon such party.
/ Mr. D. said that he took pleasure IN speaking
Lsrs,y of the Governor ola sovereign STATE; that he
would forbear any minute examination OF the duties
or conduct Of Governor Pennngton and that nc should
refrain from all censorious comment tie shonia te'
No. ooFo rPn,lptUpn,
,rr,cp ,-c-a welcome to make the most of this adns-
s;on:at the Governor, under the law OF New jersey
could not have acted otherwise and that he was con
strained 10 give the commissions upon an estimate MADE
of the returns excluding the votes OF v'!Le and South
Amboy But he would emphatically ask, if it vas not
hnth tho r;nht and dnty of this House to count the
votes so excluded: There we're be supposed, At least
fr,v cases in which it had been decided that all the
turns m rht examined and that votes regularly taken
at the time place. and IN the manner prescribed by law
y ILs.s 81 al , t.t t.La