The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-03-03
IN THE MARYLAND LEGISLATURE.
THE NEW JERSEY CASE.

| NEW JERSEY CASE.
The Committee to whom was referred the Resolu-
tons Of the Legislature Of the State of New jersey
upon the subject Of her Representatives elect TO the
House of Representatives Of the United States having
had the same under consideration, beg leave TO report
BY the 4th section Of the first article Of the Cons,i-
tnton Of tho United States. '4The time place and
manner Of holding elections for Senators and Repesen-
alyes shall be prescribed in each State by the Leg
ture thereof but Congress may any time by law,
make or alter such regulation, except to the place OF
choosing Senator'S"
10 the absence Of any other provision upon the sub
Jec 1t IS perfectly manifest that the authority to pre-
scribe tho mode in which tho result of these elections
is to be ascertained aud cerisel to the Hosse Of Re
| representatives., Is conferred by this clause
From the very nature of the power, and the end TO
be accomplished by it, the evidence Of the acts to be
performed under was, the absence OF any Congress
sona provision to be regulated by the same authority
by which the time, place aud manner, Of performing
the acts themselves were to be governed Nor are
your Committee aware that there is q State in the
UnoD which has not, in the of the power, le
glslaed upon both subjects.
The State Of New Jersey having done so, and it be-
ing conceded that by her law, passed in virtue of the
clause referred to- the only mode which the cleo ton
OF her Representatives be officially certified by
commission TO he granted by the Governor under the
great Seal Of the State your COMMITTEE are of opn-
ION, that gives the persons holding such commissions
full and perfect right to claim and the powers
and perform the duties of Representatives of the State
in the House of Representatives Of the United States
until that body when properly constituted aud organ
zed shall in the OF tho power of Judging Of
the election, returns and qualifications of its own mem
bers, have decided otherwise Bat for the Influence
oil political excitement, and the desire to bring about
party ends which unfortunately, too often found TO
blind the judgment control the wlll--your committee
satisfied that IN this opinion, there would be found
among all intelligent citizens, universal acquiescence
1t will be that the validity for al purposes
is by the clause IN question impaired to State regula
ton, that Congressional regulation, would be entitled to
receive. The power of State legislation over the sub
lect of the clause until that Of Congress is exercised
Is but substitute for legislation by Congress The
former is to embrace the entire ground, and Is to stand
for all purposes the only law Of the case, until it is in
whole in part abrogatcd modiued by the latter
Congress may make the entire regulation leaving
thing for State legislation, may change such egsla
ton part leaving it in full force when unchanged
Ii is apparent then, that until superseded BY the
power OF Congress, the e6isaon OF The States is as
much law OF the land, and the paramount law OF
the land, too, made so By The Constitution Of the
United States itself as would be act Of Congress
passed in pursuance Of the same Constitution. The
members of The House of Representatives conse-
quentiy, prior 10 organization, are much bound
BY such legislation as they would be bound by
OF Congress-
Now can il be doubted that If, by an act of Con-
gress the Representatives elect from New Jersey,
were prima facie TO be those who bore commission
granted by the Governor oil New Jersey, under The
great seal OF that State, II would ene them to ex
ercse in the first instance, all the powers and per-
form all the duties of Representatives, until the
House OF Representatives, in The exercise OF another
power, with which, BY the 9Th section of the same
clause, they are clothed, should after organizing as
a House, determine the election TO be invalid The re-
turns though osensibly correct TO have been erro
neous, or the qualifications OF the parties returned
not 10 be such as the Constitution required. Any
other construction of the constitutional clause in
question: not only involves absurdily and defeats the
clear design of the provision, but is pregnant with
M st serious danger 10 the continuance ofour Union
In periods Of deeply-exced party feeling when
dearly cherished political objects are 10 be accom-
.plishcd, The honots, The rewards, the patronage of
the government (known 10 be enormously all hang
ing upon the possible complexion Of the House of
Representatives, II needs no spirit of prophecy TO
predict that in the exercise OF The power assumed by
portion OF the Representatives of the States over
| the Representatives elect from any other State.
gross and fragrant wrong may be perpetrated and
the Union itself be shaken 10 its centre and finally
| DESTROYED.
| NJ Stale can be expected to submit to such pal.
pable violation OF her political rights and least Of all
Is 1t to be anticipated OF sister State New Jer-
sey, whose every field during our Revolutionary
contest was saturated with the blood OF her gallant
sons, freely poured ont in defence Of principles,
neither more paramount nor vital to her sovereignty,
than those Tor which we now see her conendiDg Tier
cause now as then, the cause OF Maryland, and we
owe IL 10 the memory Of ancestors, and TO The
prese walton OF the inesmable legacy oil freedom
they have lett TO stand By her with the same hrm-
ness and consiancy as they did in former age ua-
I'll her rights are fully vindicated and heI sovereign
ty re-esiablrshed. Therefore
Be IL resolved By the General Assembly OF Mary
land That under the Constitution of the United