Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1840-02-25

they informed ne Governor, when thew
received from him the following special
message
MEssAszoF THE GOVERNOR OF NEW Jan.
say
To he Legislative Coloscil and
General Assembly Of the STATE Of Ne'O
Jersey.
GENTLEMEN ! herewith transmit
communication recently made to me from
Washington, by five of the members Of
Congress from this State, announcing that
they have been excluded from their seats
in the House Of Representatives, and in
the most extraordinary manner. / pre-
sent il 10 you with feelings Of the most
painful regret that an event should have
occurred so calculated 10 disturbthe friend
ly relations which have hitherto subsistcd
between this State aud the Federal Legis-
lature. And 10 this feeling you will am
sure, fully participate.
By this violent proceeding the author
ity Of the State has been treated with con-
tempt, and she is despoiled Of one of her
most precious constitutional rights. With
out indulging any expression OF The natu.
raj feelings which the occasion is. so well
suited TO inspire, and under deep sense
of the obligation ofthe Executive to CON-
municate fully with the Legislature in a
ease which so intimately affects the inter.
ests Of the people and the reputation and
sovereignty Of the State. commend the
subject to your prompt and serious. con-
sideratlon
BY the Constitution Of the United States
the power Of holding elections for Rep
rosentatiyes in Congress, the times, pla-
ces, and manner are expressly reserved to
the States, until they are altered. by law
of Congress. Accordingly this State, in
common with every other member of the
Union, has made full provision on the sub
iect. Our laws prescribe when and where
the election shall be held, how the result
shall be ascertaiued, and by whom the COM
missions granted. This commission
under the seal Of the State, gives to the
holder right, in.the first instance, to be
sworn, and TO take his seat as a member
ofthe House. Thus far the power Of the
States and the State authorities are COM
plete. and cannot be intercepted by any
authority known to the Constitution. II
was seen, however, by the trainers of The
Constitution, that cases might arise IN
which, from a noncompliance with the
laws of the States, or by frauds in the e.
lections, the person holding the commiss.
ion would not, in justice and equity, be
entitled to his seat. The provision, there
fore was wisely made, that each house OF
Congress shall have tho right to Judge OF
the elections, returns and qualifications
of IFS members. But you will observe
that they must first become'a House with.
IN the meaning of the constitution. Il
could never have been intended that DO.
DIV ofindividuals assembling at Washing.
ton at the time fixed for the meeting oil
Congress, before they are organized, OF
even sworn, and before the necessary off.
GERS are chosen 10 preserve order, should
be deemed House OF Representatives
When they become duly organized, anC
not before, iho kouse is constituted
~-the Judge of the elections, Nturn'
qualifications Of its own members, j
may then, on application Of others claim
ing better right, investigate fully the H.
lIe Of any member to his seat. l. IS ther
competent 10 inquire into the election, &
receive evidence, send for persons ani
papers, look into the returns, correct If
regularit'es and frauds, and do whateve
else may be necessary to enable II &
.judgep whether the persons holding tn
commissions or the claimants, have bee
duly elected by the people. Byahis cours
ofproceeding no state can be unrepresen
ted and any injustice or informality tha
may arise from the imperfect or irregu
lar operation Of the State laws may b
corrected.
tits no part four complaint, therefor
that the House Of Representatives shoul
when organized, investigate and invest
Eaie thoroughly, the qualifications and pr
tentions gifts members. That it posses
es the power, has never been douted (
denied. But it is the ATTEMPT of o
unorganized body Of men to exercise tn
high prerogatiye, without the forms Of la
ofwhich we, complain, and which act ca
be characterized only as a moastrous
surpation. 1t was by assummary Procee'
ing of this sort that New Jersey has bee
deprived Of iye.sixths other repTescntatiC
in Congress. The title ofthe. five Repr
sentatives who have been thus exclude
without hearing, without investigation
and without even so much as the form
a trial, has not been imbeached IN al
respect whatever. and they now stat
clothed with precisely the same power
and are entitled, by theConstituhon al
laws, to equal privileges, with the m'
by whose occuranoe they have been e
cluded. What other view can we take
this case than an insult offered directly
the State whose commissions these gent
men bear, and a.violation of the Constit
ton ofthe United States.
This proceeding is materially aggraS
ted by the fact that the House is eugag
in the transaction Of business which deer
concerns the People Of New Jersey,
same as If they were fully represented
large appropriation Of the public none
have already been made, without rego
to the claims of this State to voice on 4
subject. With the same propriety,
Representatives from other States, "
have conspired to exclude New Jers
thus far from her proper participation
the business Of the House, may 60 on VI
out her consent to appropriate the puf
revenues aliena:e. her title (sealed with
best blood Of the Revolution) in the put
domain, or involve US in allthe consequ'