Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-06


attended and given their votes, III The manHcr l7;
scrlred BY law, you have then reached the point nj
which State legislation, in reference 10 elections,
10 be absolutely binding, when IL loses is character c
CONCLUSIVE obligation
After the have been thus rrccircd according 10
the laws Of the State, the election is completed; and
remains TO ascertain the result 10 learn who has hssn
in fact elected. Here, then, commences the D",.-
srcted constitutional power of the House 80 udga
ct the cirrtons, returns, and qualifications of It's ucI
hcrs" "a power conferred by solemn compact between
the several States TO be exercised for the purpose o
preserving nvioate the right of the people OF each
State to chose members every second year. having the
qualifications required b. the Constitution The "g,-
lations Of the States in reference
joined by the Constitution but voluntary directions.
on their part for the transmission of information
House. This House will pay voluntary, chr,rtut
respect, to such raGiations; and will permit pl-
al entire failure to comply with them By State ca
Ecers, 10 defeat an election.
1t waa perfectly competent for this House, said Mr..
d., in judging of the "returns, TO examine all the
returns-aU the ereturns of officers holding cleo.
tons-to compare them togethcr-to up and cs.!-
mate all the various ''returns embraced in the cleo
,onto irqare if the State officers have accura"iy
summed up and estimated these various returns, and
whether the ultimate certificate, return comms-
sion conforms TO the very fact 10 tie result
tanned and derived from a careful examination Of the
votes received and counted at the various places the
prescribed time, and in the prescribed f..
holding elections, BY persons duly authorized
Sir, said Mr. D., think have succeeded in show.
ing that is the right and duty of this House. under IS
power to Judge OF ''rcturns,' to examine and decd,
whether these certificates commissions o! the Go
vernon with the accompanying broad sra cont"rmcd
10 the fact disclosed BIZ and full cst.1t"
and addition of the ''rcturns made by officers ho'Ea
the elections at the time, in the place. and in IL"
ner prescribed by law. If 50, then have shown that
il is not conclusive ana sufficient that these certificates
or commissions with broad seals attached, shnn! he
merely in the form prescribed by law lctcr for letter,
they should cmbody the whole truh-,hc rat,e resa!t
Al! the TcurnS Of all tie votes received and counted
By proper officers
II, from the act of God, from the fraud negligence,
or mstHkc of State officers if, from any cause, tbs
ultimate certificate or commission does not coincide
with tie result Of all the returns OF all the
ccvcd and counted according to law, then may in:
peach H. not for want of iorn. not iGr iaIn. TO agree,
"let!er FOR letter and COMM oT comma with the r,
qusi;e form, but for want OF rcrH for failure 10
form with the fnct apparent from accurate ag@T"-
ton Of all the votes duly received and counted /! Tie
laws Of New Jersey have not been observed BY her
lnctonareS; IT all the votes have not been returned
BY the proper officers within the time prescribed b.
law; II the Governor, entrusted with and required 10
procure all the returns of all the votes has failed
neglected to do his duty, has nnoccnt!Y m;>concc'v
cd IT, or has been prevented by defect OF law then his
commission misrepresentation of the fact ~ not IN
accordance with all the laws Of New Jersey, ana na.
be fairly set aside By this House. the Judge al In" '
turns NAV be declared defective and insufficient, or
may De amended ut the pleasure Of this supervising and
controlling tribunal
Mr. d. next adver,rd to the argument Of the gentle
from Pennsylvania, Mr. Sergeant. that tins com
mission, with the broad SEAL "concinSare evidence
of the right to taIe seat this floor. He would be
glad to know where that gentleman found the authoiT
that these commissions OF the Governor of New JcrscE
conctusire TO the right of those persons rc"iv
ing and bringing them here 10 take their seats, without
further question
Where the precedent FOR it, All the decisions
and Mead to which reference had been before made. /
expressly decided that hc returns from the State
authorities prin,a acc evidence only Of election
and are not conclusive upon the House. MIR D SAL.
he would fatigue the House by reading the nuicr
OF contested elections, in which either IN"
principle decided distinctly recognize! q,
tie basis of the procedure it mnst nece sar!r b %
for if the rctnrn BE- cOHciHstrc the House IS "sopT1f
from exercising It's constitutional power OF Judging and
that provision of the Constitution becomes dcnd let.
ter. In vain is il urged that this Prma fncie evidence
of election conftrs eonr"sire right take the scat
The right to take and hold sea: on this floor depends
upon the fact OF having been duly chosen IS cnnse
quent upon election, and therefore must necessarily DC
affected to the extent and m the sam" degree by
he same species of evidence; Who ever hrard isa'd
Mr.. d. that primd facis evidence OF Claim raT:
conclusive and ndspu,r5ic right 10 The thing claimct
He deemed it unnecessary TO attempt TIE fr'ua';"a Oh
such an absurdity.
Mr. D. said he would not, at thet time, pretend 10
J''''
dpncc;" he had nc, "cry recently consulted tie i4T'
books. He was grossly mistaken, however, ~ mcl"'
any thing else hu; evidence at t" first blush on s>t
appearance in:roductiGn and vas good only ~ me
absence Of other testimony, su!tcenl ~ controsSit i
overthrow il.
Ii there b. no opposing testimony. tE"n Pri1aa "'r
evidence is sufficient; it prevails as nati"r Of course,
and without controversy. BG; when adversary f"sll-
monv is introduced this primm tacis evidence c"r"a'bc
sire of right until both shall have been CONSIDERED
rI,.I nd competent r.
bunal In the absence OF all conflicting testimony. or
upon decision OF It's nsu!ciency TO co'nteract Iat ~.
feat tkcn this prma tnc;r evidence, tho Ian nago .
oloycd By some of the writers on this subject. ""h'2"'
conclusive quality" You cannot, then, when there -
clear, strong. impartial testimony staring you ~ '@
face disregard il altogether, and conclude that tbs r'-
ma taetc evidence is sufficient without violating ever
principle of Justice, we'll as the Constitution o. ~"
United States. This House is the Judge OF the matter
in dispmle this matter dispute, the rgrt TO seat.
here On side primn ac'e evidence IS introduced
the other side, 1t is proposed to rehnt NJ c"-
ter evidence Those who offer the counter evidence,
cannot be concluded from examination INTO MS SUI
fciency or from hearing other case, without "'H-
a,ion of our duty TO judge, without papabc depart
ure from the long established rules 81 law ana rv.
dcnce and without gross act of I'M ust!cc u one set u
tclarnants.
of the Secretary &C State of New Jersey. In two ~:
stances in the case Of Spadlnr and Meade, was TIE
certificate of the Secretary OF State OF georgia rccr"-
ed as good and sufficient evidence IN relation 10 ~"
election returns received and preserved IN his Office
He belle we'd thu. this the first time that II had eyer
hcen maintained that the official certificate and seal q!
an Office of record not sufficient evidence touch
inc matters on record in said Office. lcrc be cI
press statute directing such certificate, prescribing
its FORM yet he thought, upon general principles ta;
it resulted, ertue cei that the formal certificate Of
the officer, with his known and established seal, WIS
evidence sufficient prove the existence Of records N
his o.ice, or Of documents and papers on file.
The very learned gentleman from fcnasyvana VI
Sergeant, attempted to prove that these FIVE genten"
holding the Governors commission we're no" actG'!
members of this House, aud Lad been 50 Tor a long
,mc before the commencement of this session. Nov
he (hlr d. could not understand that there was any
thing in lie Constitution or laws to justify this POST
lion. Did he understand the argumrn, OF the GENT
man to be, that, because these i've Js!s
on their way here might be discharged ''n arcs VA.
der color of their privilege that, therefore, they wTe
uet The ;ndne might decide and very properly