Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1840-02-03
s STATE -RIGHTS INVADED
THE NEW JERSEY CASE.

hcMOINO hANCE oil the w HIG MEMBERS.
EXTRACT.
Tohe Representatives. ofthe 26h Congress, no,o os-
Sembied!
We. Tive undersigned, Representatives OF the
slate oil New Jersey, III the twenty sixth Congress,
80 respectfully demonstrate against The course Of
proceedings adopted by this body in relation to
our right, and TO the rights of the people of the
State OF New Jersey, aud submit the following
statement:
We appeared in the Hall of Representatives Mt
the commencement of this session of Congress,
claiming to represent the sovereign State Of New
Jersey. We produced, as the evidence of our
rights so TO do the highest evidence known TO The
laws oft|at State, to the Constitution Of the United
States, 20 Parliamentary usage, and to information.
al law n commission under the great seal signed
by the Executive thereof; TO which commission
now on your table, these reinonsrans for greater
certainty refer.
BY II vote ofthis body, before it was consti,u-
tionally organized, and before any of its members
were sworn, and without the exhibition of any
other or better title TO seats than these rcmon-
strants had presented, Il decision was made deny
Ing our right to vote, i'll relation to the proceedings
OF this body, preparatory TO its organization as n
House of Representatives
The same body, also, previous to its orgariza-
ton, refused, by II vote Of III to III, to adopt
resolution, declaring "that our credentials were
sufficient TO entte to take our seats in the House
ing our rights to seats on this floor.
Against both these decisions we did then and
DO now, protest. as illegal ana unconstitutional,
and after the election of IL Speake , these demon
srans demal.ded of him to be sworn as represcn.
tatiyes ofthe State OF New Jersey. The Speaker
then stated that in consequence ofthe proceedings
which had alrendy been taken in relation TO our
rights to seats he dee lined administer TO us the
oaths of Office, although his own opinion there.
toiore expressed, in another situation, (that
were entitled to qualify remained unchanged, and
he therefore submitted our demand to he sworn to
the House. And thereupon the Representatives
of the Twenty sixth Congress of the United States
then present, by vote of | l6 to ~ rejected the
following resolution, viz:
Resolved. That The Representatives of the Goth
Congress of the United States now present, do adj
wise and request the Speaker administer the
oath required 10y law to the five gentlemen from
the State of New Jersey who have presented cre-
dentias TO the Speaker, and demand to be sworn"
Your remonstrants would remark upon this res
olution:
First, Thatit does not propose to decide upon
the right OF these relnonstrants 10 their sens but
merely 10 give the Speaker advice
Second, That the members of this body not be-
ing organized according TO the Constitution, had
no right to give advice on the subject.
| Third That it was the duty of the Speaker, inn
posed upon him by law, to administer the cath to
the duly commissioned members from the State of
New Jersey; and that no advice request of any
body of men, however numerous OF respectable,
could absolve him from the performance of that
duty.
Fourth, That ifthe request or advice ofa ma
Iorty of the Representatives of the Goth Congress
would have been entitled 10 the respect of an All =.
lucrative decision, yet the resolution above recited
being the expression of the opinion of minority of
those Representatives. entitled, to such cons-
deraliOn. We say the opinion ofa minority, because
by adding the vote ofthe Speaker who thought we
ought to be sworn,) aud five Of these remon
strants (who were as much entitled 10 vote on the
question MS any member present. there would
have been 1l8 in favor of The resolution to l6
against il, exclusive of The absent Wing members
who, we are informed, accord with us in opinion.
! Not being able therefore, 10 recognise in tie
resolutions oflhis body any legal or CONSTITUTE nal
decision against our right to seals az members of
this Congress, not even the expression Of the opin-
ion filie ajory of the members on tllin qiies-
ton, we connot consent TO compromt The rights
ofihe State Of New Jersey, or our own by asking
as n matter Of favor TO he admitted to those seas
in this Hail. which we, as The Representatives OF
a sovereign Stale, claim ms of ighl.
Bur, having received from Peter D.. Vroom
Philemon Dickinson VIM. z. Cooper, Joseph
<le, and Daniel Il Ryall, csqures, written no.
tce that they intended contest our right to seats
as members to the wenty-sixth Congress, we shall
proceed briefly TO examine the grounds on which
4
Our right TO seats on this floor is founded in the
first instance, on the commission of the state oil
New Jersey heretofore RETIRED TO-, und laid on your
table.
|, The adverse claimants have sought to inyalidate
, this title 10y the production of paper, purporting
to he certificate Of election returns, signed b,
, james ID. Wcsscott Secretary of State of New
, Jersey, and which has been read in your hearing
, We demonstrate against the reception of this
paper evidence and deny, that is entitled any
consideration whatever.
. First, Because the Secretary Oftl,e State ofNew
Jersey has NOT by law, the custody ofthe election
rehrns, OF any manner Of Official connection will
heu, and is rot authorized by law, to certify them
or to give copies thereof
! Second Because the pretended certificate is de.
cepliye, erroneous and false.
G Ihird, Because it gives only the aggregate ma
jorily which would have existed it all the votes
illegal MS well us legal, had been counted and dul,
/ returned
Whereas your renonslranis insist, that if th.
body should inquire into the votes actually gyeI
j. al said election, they can count only The votes o
legal voters aud that all illegal votes must he do
+ ducIed from the ugt regae amount given to eacl
. OF the said claimants respectively find these re-
s monstrants charge and fer 10 prore, THAT MORE
THAN TWO HUNDRED AND THIRTY IL
e LEGAL VOTES hare been counted by The sale
II SECRETARY for each Of The said claimants and ente
n into the aggregate amount Of votes stated by hin
C to have been received by said claimants respec.
II lively.
J. And your remonsrans further insist tina, Their
j. should I've deducted from the aggregate number O
= votes given 10 said claimants, the number of on
Il hundred and three votes returned in favor 0( tn
o said claimants from the township of Saddle river
N in the county OF Bergen--on account OF the gros
'r fraud prdciised in that iaionship by ROBBINt
If THE BALLOT BOX Of number IF legal rott
given for these rem0nsrdnis, and inserting an equt
r.. ILL.,. Ill.,