Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1840-01-30

whom the commissions shall be granted- Il
This Commission, under the seal Of the State. ,
gives to the holder right in the first Instance r
10 be sworn and to take his seat as a member '
Of the House. Thus far the power of the
States and'the State authorities are complete.
and cannot be intercepted by any authority
Know to the Constitution. 1t was seen how
ever, by the trainers Of the Constitution. that
cases might arise In which from non-com-
psiance with the laws of the States, or by .
frauds in the elections, the person holding the
commission, would not. in Justice and equity,
be entitled to the seat. The provision, there
tore, was wisely made, that each House of
Congress shall have the right TO Judge of the
elections, returns, and qualifications of it's
members. But you will observe that they
must first become House within the mean
ing Of the Constitution. Ii could never have
been intended that body of individuals as
seimbling at Washington at the time fixed for
the meeting OF Congress, before they are or
ganlzed, or even sworn, and before the neces- |
sary oiilcers are chosen to preserve order.
should be deemed House of Representa-
tives. When they become duly oruanized
and not before, the House is constituted s.thc
Judge of the elections, returns, and quali6ca-
] ions OF Its own members" 1t may then. on
application of others claiming better roht.
investigate fully the title of any member 10
his seat. 1t is then competentto enquire into
| the elections, to receive evidence. sond for
persons and papers, look into the returns
| correct irregularities and frauds. and 10 do
whatever else may be necessary to enable il
10 Judge whether the persons holding the
commissions or the claimants, have been du-
y elected by the People. By this course
of proceeding no State can be TnrenresautoJ
and any injustice or informality that NAV -,
rise from the imperfect or irregular opcration
OF the State laws may be corrected.
1t Is no part OF Our complaint, therefore.
that the House of Representatives should
when organized, investigate, and inyestiunte
thoroughly, the qualifications and pretensions
OF It's members. That it possesses the pow
| er In It's fullest extent, and has alone that
power mas never been doubted or denied
put II Is 'he attempt OF an unorganized bo-
dy OF men to exercise this HIGH preropativo
without the forms of law, of which we com,
Plaln; and which act can be characterized on
~ as monstrous usurpation. 1t was by q
| summary proceeding of this sort that New
Jersey has been deprived of fve-sixtIs of
her representation In Congress. The titlo
oil the five Representatives who have hcan
mus excluded, without hearing, without in
vestigatlon, and without even SO much ne tho
10TH Oh Trial, has not been impeached i'm a.
| ny respect whatever, and they now stand
olo'ieu WIN pTeclsly the same powers. and
are entitled by the Constitution and laws IN
equal privileges, with the men by whose con,
currence they have been excluded. What
other view can we take of this case than nc
an Insult offered to the State whose commits
| sloiiS lhese gentlemen bear, and Il violation
OF the Constitution of the United States
ms proceeding is materially aggravated
by the TACT that the House is enua9ed in the
. VI oil business which deeply concerns
the people of New Jersey, the same as if
they Were FULLY represented. A large appro
Piialioh Oh the public moneys. has already
Deen made, without regard to the claims Of
tilis State to voice on the subject. With
. lhe same Proprlety, the Representatives from
tne otler States, who have conspired to ey-
crude New Jersey thus far from her proner
participation IN the business of the Honse
may go on without her consent to annronr;ate
the public revenues, ALLEVIATE her title (sealed
WIN the best blood of the Revolution in the
PuDlic domain, or involve us in all the con-
sequences OF disastrous system of finance.
MS precedent 1T is raugLt wit the greatest
been assumed are to prevail. the verv (;r.t
principle and the only security of represen-
tatlve government viii have been subverte1
ll"iii then siways be in the power of n
minority to rule, since the mere act of oues-
tioning the title of members depriyes them of
their seats. 1t is believed that the case j.
without parallel in the history of Lepisla-
iioi. 1 may venture to say that no example
OF The KIND can be found in the history Of any
state Legislature, in the usares of C0uqres:
or the British Parliament.
Inc case is not at all affected by the VOL
known iact always understood and recounis-
co. that there Is grave question as to five cf
The seats from New Jersey to be settled ulti-
nately by Congress. There are two retnrns
from townships which, under the law ofthis
0'd'e' could not be counted by the State Off
GERS Whether they are such as should be
counted by Congress (Which has a yery diff
ieiGht power over them from officers actinr
u I, the positive directions of the statute Of
' i 'otate) Is question for the House to set
We. iheFe Is still another and more import |
an" an question remaining, growiIa cut offrauds
d'ieSSd 10 have been committed. not nv mis-
ld m or oversight, but by a systematic plan 10
aiioN dliens' not naturalized, the privilege of
voting AS to one of the disputed townships. |
"gdie hotlettto conjecture onthis point. for Won
VIII remember that the fact was clearly ascer-
laineu ny an open examination before the L. !
9iSidt.ie last year. 1 pretend not to know |
and, II did, should think myself not war
ranted In expressing any opinion as to which,
OF the two parties claiming the election will
appear, on full and final examination. en- |
Titled to the seats and have no other desire
than That justice should be done. But all /
tliS mas no Just bearing ON the case before us.
IL constitutes no ground of justification for
Ihdt violent eXPdrte proceeding by which the
case was preJudged, and the State left with
9 9, single Representative on the floor of
Congress.