Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-08

hp Sic
sentatvcs shall be received from any Of the CLERKS
or the several counties in the State By the Governor
within seven DAYS after the day prescribed by law ior
casting up the votes making list thereof, ana cefu-
fyinp the same by tie clerks oil TIE respective couhtcs
sbaI ba the duty of the Governor forthwith TO send
an TO the clerk Of the county counties from
which such certified lists shall not have been received
and to procure the same at the expense OF inc
And whereas the certified lists of the votes OF the
county of Cumberland, and OF the county OF
and received by the Governor, was not true ana COZ
rect list of all the votes given for each candidate IN all
the townships Of the said several countess oat inc m
mer did omit TO include three hundred ana SIX WIS
van for the said candidates in the township OF Mill.
ye in the county of Cumberland, and the latter dd
omit ia include three hundred and forty votes gwen lot
the sa ID candidates in the township OF oouth Annoy IN
the county of Mddlesex, and hereuPoh u pccde 'iG
49,, IS tho Governor under the sound construction OF
,bsIow nj the State, before he and his PrIvy Council
could cnst nm the whole number OF votes from the SeVe
ral counties of the State, and determine the SIX persons
bo had the greatest number OF votes from the whole
Stt 20 send an express to the clerks of the said seve
raj counties, and thus procure the whole number OF
votes from the whole State, at the expense OF the
State.
And whereas notwithstanding such omission OF duty
on the part of the Governor of the Stale OF New 1ef
,ey certified COPIES due form Of law, of the lists OF
votes given in for each candidate Tor Representatives
IN Congress- at the election held in the said several
townshios of Mville and South Amboy were pTocur-
cd and laid before the Governor and Prvy Council,
br him summoned, to cast up the whole number OF
o,e from the several counties for each candidate for
Renrese natives in Congress- and TO determine the per
sons who had the greatest number OF votes rom 'e
whole State therefor, nevertheless, the said Governor
and Privy Council did, contrary to the true intent anu
meaning of the law of the Stale and of the Constitution
of the Il S. and in manifest mistake OF their duty, pro-
coed not TO cast up the whole number OF votes from ne
several counties for each candidate, and determine inc
six persons who had the greatest number oil Yoes rom
H. IN
persons but TO determine that it appeared to the Go,
vernon of the State of n Jersey and the fry GounG
thereof that John B. Aycrigg, VIM iiaistcd John I.
B. MAXWELL Joseph F. Randolph, Charles =. Stratton,
and Thomas Jones Yorke, were duly elected by tne
people of New Jersey, to represent the SAID state IN
the House of Representatives of the u States or the
Twentvsixth Congress Of the u S., and the Governor
commissioned them accorGIng Y.
And whereas the authority delegated by the laT oil
the State of New Jersey to the Governor ard Prlvy
Council was special authority and trust emanat!ng,
not from any right of the State of ~ j. as sovereign
State in its organic capacity, or any reserved rgnt OF
the State, but party 10 the Federal compact ana ae
irving all their powers from II, ought II mol strictly, yer
substantially, to be pursued, ana IS restrieeh "
terms determining the six persons who had the great
est number Of votes from the whole state, By casting up
the whole number Of votes from the several counties OF
the State and constituted the Governor mere organ
of transmitting such aggregate result TO Congress- ana
no. to determine who elected, and that therefore
the commission of the said Governor thus granted to
John B. Aycrsg, William Halsted, John ?. b. Max.
well, Joseph F. Randolph, Charles c. Stratton, and
Thomas Jones Yorke, for the want of such conformity
and from the usu.Haton of powers never claimed by
the State Of New Jersey, By any aS or conferred on
her or her agents by the Consultation OF the United
States Judge Of the election of Representatives, Is
void as a commission, and, such. confers no rights
upon the persons 20 whom the same is given
And whereas, neither the State Of New Jersey, IN It's
organic capacity sovereign State, nor the Governor
and Prvy Council of the said State, have any right,
under the Constitution Of the u s., to elect Represent
a.:vcs in Congress from the said State, but that right
belongs wholly and exclusively 70 che people OF that
State IN their sovereign capacity nor have they
anv right to Judge Of the elections returns, quai-
cations Of such Representatives, because such right be-
longs exclusively to the House OF Representatives.; and
any attempt wrest from the people OF New Jersey the
sole right of eectng their Representatives in Congress-
or from Congress the exclusive right OF Judging of the
elections returns, and qualifications of its own mem
bers, is dangerous usurpaton, under whatever plaus
bic pretext it may be covered
And whereas the State of New Jersey, neither in its
organic capacity as a sovereign State or as member
of the Federal compact, hath any lawful right or au
thorty deprive the people OF that State or any part
of them of their votes after they have been gwen in at
the polls in the prescribed BY the laws OF the
State, for holding elections by law Or through me agc
y OF Slate officers, any hummer Whatever either Tor
want Of FORM for the default, ignorance fraud neg
Ice. or misconduct of the returning officers in
transmitting the returns of the officers holding the cleo
State laws which are simply intended TO present the
aggregate votes of the whole State TO Congress, Tor
| their Judgment.
And whereas the acts Of the Governor and before
mentioned clerks, being mere returning officers, IN sup
pressing The returns OF the votes Of 3t6 electors IN the
said township Of Melville and the votes of $40 cleo.
tors in the township of South Amboy, and, as such,
having 50 right 10 Judge of the elections held IN the
said townships, the returns thereof, gross and
daring usurpa,on, violation not only OF the law OF
1 hnf 8 f,n ;tInnO
the T. S. destructive of the rights Of the people, and
of the rights of suffrage and alarming attempt to
the right of election from the people, and vest it
in their unai,hinl, fraudulent, or negligent agents
And whereas the Governor Of the State OF New
Jersey and the Prvy Council thereof, acting under
the law of the State prescribing the manner OF holding
elections Tor Representatives., act merely as return
ing officers of the House OF Representatives, and sub
ordinate to the powers conferred thai body by the
Constitution C. the United States, and are their minis
teria officers in transmitting the aggregate OF the
whole vote Of the whole Stale, and have no right TO
intercept such return by the bread seal OF the State
any other device, as TO prevent Their tree and con-
sutonal right TO judge OF the elections and returns
OF its members.
| And whereas the right of electing Representatives
in the House OF Representatives from the State of New
Jersey belongs TO the people of that Stale, and not TO
their agents. whether Governor, Prvy Council, coun-
| ty clerks, or The officers holding the election.
And whereas the people OF the State of New Jersey,
at the election lawfully held at the times places, and
in the prescribed by the Legislature Of the
State, conformity 10 the Constitution, did chose by
majority ofthclr votes given at the polls, held the
several townships of the several counties Of the said
State, and adudged to be lawful by the judges appoint
ed for the purpose, Peter ID. Vroom, Philemon Dlcker
son, William X. Cooper, Daniel b Ryall, Joseph Kille
and Joseph Z Randolph, to be Their Representatives
in the Twenty-sxth Congress Of the United States, as
appears by the returns duly aed of record in the office
Of the Secretary OF State, and their commission, there
fore, derived directly from the people, and cannot
lawfully or constitutionally be defeated, mpugned or
destroyed by the great seal of the State any act Of
the officers Of the State.
And whereas the only prima acie right and title to
seat member Of the House of representatives is
deprived from najority Of the votes Of the people Of
the State given at the elections held in the manner
prescribed by the laws othc State and returned by
the officers holding elections, and Peter D. Vroom,
Philemon, Dckerson, William r. Cooper, Daniel b.
Ryal, and Joseph k!!le thus elected and returned
five of the Representatives Of the people from the State
Of New Jersey in the Twenty sixth Congress of the
United States, appeared at the time and place pre-
;tod h,-1, 9 that