The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-02-20

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counted by the state officers. Wheth-
er they are such as should be count.
so BY congress, (Which has very offer
e ela powers over them from officers
acting under the positive directions Of
thesstate) is aquestion for the House
10 settle. There is still another and
more important question remaining
growing out Of frauds alleged to have
been committed, not by mistake or
oversight, but,by systematic plan to
allow aliens not naturalized, the priv
i!eges of voting. As to one of the
disputed townships, we are not left to
conjecture on this point, for youwell
remember that the fact was clearly as
certained by an open examination be-
fore. the legislature last year. I pre-
tend not to know, and if | did, should
think myself not warranted in express
sing any opinion as to which of the
two parties claiming the election will
appear on full and final examination
entitled to the seats; and have no 9TH
er desire than that justice should be
done. But all this has no just bear
ing on the case before US. 1t consti-
'tutes no ground of justification for
that violent er parte proceeding, in
which the case was prejudged, and the
state left with but a single represen-
tatiye on the floor of congress.
What were the pretexts for the act?
The claimants produce a certificate
from the.secretary of the state of GER
tain estimates and returns, by which
st would appear, that if the returns
from two townships in the state,
which were relected returns and ne
yer forwarded to the governor, had
been counted, there would be ma
jority Of votes for the claimants.
This certificate possesses no authori-
ty whatever. 1t does not relate to
any paper or record belonging to the
office ofthe secretary ofstate, and was
issued without the authority of law. 1t
might as we'll have certified private
letter or column ola newspaper. In
the absence of more convenient
! plan Of deposit, it has been customary
for the governor to lodge executive
papers in the secretary's office for
safe keeping, and that practice was
followed in the present instance. But
they form no part of the files or rec.
ords of his office.
Is it alleged that any law of the
state was violated in the manner of
awarding the certificates? There is
your statute book and by it the gov
ernor and council are directed to
make up the result from the clerks
returns, and from them alone, and
the commissions were awarded after a
careful estimate of all the returns
froma all the clerks in the state. With
out a violation of the law and of my
Bofficial oath; without passing by the
advice of the council and disregarding
the unvarying practice under the law
from its. enactment, no other course
could have been adopted. take my
stand by the side of the law of the
land! and amid the storms of party,
seek no other security thanan approx
ing conscience and a firm conviction
of havingliaithfully discharged my du-
ty. But lhave the farther satisfaction
to know, That my judgment has been
fully confirmed by you, gentlemen and
the people. of the state. But suppose
lit were otherwise. Do you hold your
executive responsible for his acts tothe
congress of the United States! This
would be new doctrine for an inde-
pendent state. | am alone responsible
for my public acts, let me say, 70 the
legislature, and the people of my own
state, and ! deny all right to pass
upon them officially by any other
earthly power. Whether, therefore,
the decision in granting the certifi-
Gates was-right or wrong, congress at
all events, is bound to receive the
credentials thus furnished, as the
mandates of the state to them, that
they admit her representatives to their
seats, until others can show a better
title asr l
F. have thus presented to you my views
ofthis case. l find it in no palliatiug cir.
cumstances; nothing but most unpro.
}, yoked violation of our rights as state,
and impeachment of our character as a
people, What action you may think
: properlto take upon it must be left 10
your judgment and sound discretion. Az
the immediate representatives of the peo-
pie, you know best their feelings and
their wishes. If there be not deep and
settled feeling Of injury in the mind Of
the people, ] have not properly apprecia.
ted their character. II is not among the
least alarming features of the case, that
the question has always been carried a.
gainst the rights Of the people of New
Jersey by a party vote. tust, gentle
men, you will vindicate the abused honor
and violated rights Of the states, in finn
and manly tones. That you will enter