The Madisonian., 1840-02-04
SPEECH OF Mr.. BOI"TS,
OF VIRGINIA,
ON THE NEW JERSEY CONTESTED ELEC-
TON
HOUSE or RErHEsssrAr,vrs. January 0. Is4o

The resolution Of Mr. CAMPBELL to refer the subject
OF the New Jersey Election the Committee OF Elec-
lions, and the amendments thereto offered by Mr. Bell
aud Mr.. Randolph, being under consideration
Mr. BOTTS rose and said
Mr. Speaker; II I were TO consult my inclination
rather than my duty, should continue. have here
toore been silent member but regarding this ques-
ton, as IN all sincerity do fraugh with more mo-
mcntous and mschevous consequences than any which
has been presented to the American Congress since
the adoption OF the Federal Constitution and believing
the theory OF representative Government will be viru-
ally destroyed by the pursued by the Admins
traton party here If not speedily corrected, feel that
should be rccreant to the high duty tina, has devoved
upon me- and the great responsibility have assumed,
were to permit the occasion to pass without or
pressing my deep, unmgated, and unqualified dIssp-
probation of all that has passed on this subject.
Sir do not belong to that school Of politicians de-
nominated the State Rights Party according 70 ths
modern definition Of the term, which, in the estimsto
Of tho world, is now understood, believe, to mean
those who profess every thing and practice nothina
that they profess am one Of those who attach
much importance to names for, when find myself
and my children robbed Of those liberties that have
been handed down to US, It will be OF little satisfaction
to to be told tina, il done by Democrats and the
friends to the rights Of the States yet; sir do claim
belong the true and genuine Stale rights party.
and trust that shall ever, now be found among the
most willing, If not the foremost, defence Of the
rights Of the States, whether large or small Northern
Southern whenever those rights invaded and
riousy attacked; at all events, will never be iounct
aiding in their destruction to effect any parry purpose
MIR. Speaker for ,he first three weeks that occupied
seat on this floor, l sat silent though panied and
mortified member, and could scarcely reconcile TO my
self that sat IA Congress among the Representatives
Of the United States for, much as | had seen of the
purity elsewhere, had not been accustomed TO such
scenes has fallen my lot to witness here the
spectacle was indeed humliating.
Sir was hut few wears since that the first
Of expunging was acted in Legislature body in this
country that all farce, the only o ect Of which,
was TO render homage to lawless and vndictve ty-
rant, and the only effect Of which, was, to create heart
felt disgust and modification in every honest bosom
throughout the land
But comes on the tragedy and ii has been my
misfortune to be personal observer-an eyewitness
oil the second scene OF expupglngnot by the stupid
ridiculous, and arccal process Of drawing black lines
around State, but tragedy indeed which might well
be called the !" Lasi Days Of The Constellation"
have seen tho State OF New Jersey expungedliieraly
expunged her representatives driven from their seats
on this floor, though surrounded and clothed with all
the powers and the forms that the laws and the Const
tuition required or could bestow upon them. And for
what purpose has this outrage been perpetrsted Why
has the country been distracted the business Of the
tion interrupted Why are these scenes OF violence
exhibited here! Why has the Constitution Of the
United States been disregarded, and the laws Of New
Jersey outraged Why this departure from all prece-
dent and usage-ths violation Of every principle OF
common honesty and common justice Why, sir, for
the miserable purpose Of securing temporary party
triumph in the election Of officers Of this body |. had
pleased the people Of the United States to send to the
American Congress majority Of their representatives
in opposition to the present administration II was as
cealned by the party in power that they could not sue
coed in the election Of partisan Speaker (of whom
would have been expected sthe all efforts at nvcsti
CATION into the abuses and depraves Of the adminstra.
on except by the expulsion OF these live representa-
ves OF the State Of New Jersey from their seats and
this too done by and unorganlzed body, with
no power earth to make Judicial decision, enter
into judicial investigation Was this the object, or
was it not | do not believe there is gentleman
this floor, having proper regard for his reputation
of character and veracity that will say this ques
ton would ever have been raised much less decided,
at the time and IN the manner It except for the Pc
cuar political complexion Of the House except for tho
nice and critical balance of power here hope there
not for take this to If he wcre that
no intelligent man here elsewhere would believe him,
for every body must know it to be
Let look the facts and the law Of the case, and
then Judge whether this be not.
In the first place, every county in the State Of New
Jersey is laid off into townships and each township
holds separate election and by the terms Of the law
it is provided as follows. read from the laws of New
Jersey, page 535:
Sec. 4. And be ii further enacied That, after the
poll is closed the Judge and inspectors SHALL together
with the clerk Of the election, proceed, without delay,
to take an account Of and cast up the votes given in for
each candidate as Representative for this State in the
Congress Of the United States and shall make separate
lists OF the same, which lists they shall sign, certify
seal up, direct and transmit, to the clerk OF the county
who shall attend at the courthouse of the county, on
the Saturday next after the election, for the purpose OF
receiving the same, Bhch lists shall be dercred 10 him
before fuc o'clock IN the afternoon of SAID day; which
said clerk shall then proceed, in public manner to
at nf 49, 49,
aforesaid, together with the number Of received
for each Of them, and shall transmit the the ex-
pense Of the State to the Governor person admins
terng the government, within seven days thereafter.
having first caused duplicate thereof be filed in his
office, together with the lists from said townships"
This law understand to have been literally complied
with by the respective clerks throughout the State
And il appears, as far as we can learn the facts not
from legal testimony, or contend that not par.
ticle Of legal testimony has been exhibited to this
House, or single paper presented here that this body
had right to recognise or consider the commits
sion Of the Governor and Council Of New jersey un
der the seal OF State which every where among civil
ized nations recognised the highest authority tha
can be ofiered) but from documents that we have
and heard read, that, at five o'clock on Saturday even
ing subsequent TO the election, at the time and place
and in the prescribed by law, the clerks of tho
counties proceeded to opcn examine and count all the
returns that had been made them and to report tho
result to the Governor and Prvy Council Of State ex-
actly IN the manner and form prescribed by law and,
il any returns made by the hour OF FIVE, the
law Of thai State required, they declared, not by
the clerk but by the law ITSELF be illegal and void
Now, presume, sir, that will deny that II the
State has right declare offered after sunset
the day OF election the next day. be illegal
and void, it has the right declare made
after particular hour day to be likewise illegal and
void. Suppose portion OF the citizens Of New Jer-
sey possessing all the constitutional and legal quahcs-
tons Of voters, crossing the Atlantic in the Great
Western the day Of election, and were cast their
ballots, and send them to the clerk Of the county OF
Middesex, would the clerk receive and count them
Assuredy not because they would not have been gwen
the me in the manner and at the place required by
law. and would therefore be ILLEGAL and VOID. Can