Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-02-04
'N9NVN vi
NEW JERSEY.
To the Legislative Council and General Assembly
The State Of New Jersey.

NEW JERSEY.
To the Legislative Council and General Assembly o
The State ofNew Jersey.
Gentlcmen,--I herewith transmit commu-
nicatlon recently made 10 me from Washing
ton. by five of the members OF Congress from
this State, announcing that they have beon
excluded from their seats in the House of Rep
rescntatlyes, and in the most extraordinary
manner. present il TO you with feelings of
the most painful regret that an event should
have occurred calculated TO disturb tho
friendly relations which have hitherto subsis-
ted between this State and the Federal Legis-
lature. And in this feeling you will, am sure,
fully participate.
BY this violent proceeding tho authority of
the State has been treated with contempt, and
she is despolcd of one Of her most precious
constitutional rights. Without ndulging any
expression OF the natural feelings which tho
occasion is well suited TO inspire, and under
a deep sense Of the obligation of the executive
10 communicate fully with the Legislature in
case which 50 Intimately affects the interest
Of the People and the reputation and sovereign
~ of the State, | commend the subject To your
prompt and serious consideration.
BY the constitution of the United States, tho
power of holding elections for Representatives
IN Congress, the times, places and manner arc
expressly reserved To the states, until they are
altered by law of Congress, Accordingly
this state, in common with every other member
of the Union, has mad6]hll Provision on the
subject Our laws prescribe when and where
the election shall be held how the result shall
be asceTtained, and 10y whom the commissions
shall be granted. This commission, under the
seal of the state, gives 10 the holder a right IN
the first instance, to be sworn and 10 take his
seat as a member Of the House. Thus Ear the
power OF the states and the state authorities
are complete and cannot be intercepted by any
authority known 10 the constitution. II was
seen, however, by the trainers OF the consiItu-
ton, that cases might arise, III which from a
noncompliance with the laws of the states, OF
by frauds in the elections, the person holding
the commission would not, in Justice and equity,
be entitled to the seat The provision, there
| fore, was wisely made, that each House Of
| Congress shall have the ri glt TO Judge Of the
elections, returns, and qualifications Of It's
members But you Will observe thai they must
! first become H0use within the meaning OF
the constitution. II could never have been IN
| tended that a body of individuals assembling
| at Washington AT the time fixed iOrtlIe meeting
| of Congress, before they are organized or even
sworn, and before the necessary officers are
| chosen 20 preserve order, should be deemed a
house Of representatives. When they becUme
| fully organized, and not before, the house 10
| lully constituted JuuHt OF iitt Io-
turns, and returns tho qualifications otiiIs own
members" II may, then ON application oil
others, claiming better right, investigate full
ly the title of any member % his scat II IS
then competent 10 inquire into the elections
20 receive evidence, and send for persOns and
papers, look into the returns, correct inegu-
larities and frauds, and de- whatever else may
enable II to Judge" whether the persons hold
ing the commissions, or the claimants, bmc
been duly elected by the people. by this
course Of proceeding, 40 state can be UDreP
resented, and any injustice o. informality "a
may arise from the impe rfeciO on luegnlaf op
Grafton Of the state laws, may be corrected
II II 10 part of our complaint, therefore, uia
the House Of Representatives should, Hhel
organized, investigate, and thoroughly iEyes
tiga,c, the qualifications and prdtensi0ns Of ~
members That u possesses the power ia tp
fullest extent, and has alone iiiat ppweT la
never been doubted or donied. II - ~ tho n
tempt Of an unoIganized body Of me- 10 exc,
| ciSc this high prcTogaiiyc without 'ns form, O
law, uf which wc complain, and which sct "a,
: 10 characterised onis a. No nslrpus usnr,a
tion. II was a summary rf0coedinp D( tIi
} son that New Jersey haas j cen deprived Of ii,,
3 sisths of her fcptcscniap Dn in Eonerrss I'm
title Of tie FIVE Reprcsr natives Win have hsoi
thus excluded, willcui hranng. without m
, YcstIgaiion, and without ~ much as even Va,
icrm oi tssal, ha5 not been inpsach,.d ~ on,
p ~ spect whatever, and ihey Bow .iabd ciOtliee
Nith precisely the same powers and sIs ca
ntled hy he constitutions snd isws ~ saas