The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-03-12

though our o. inioDs were unchangeu a. 10 the pro-
pfieiy Of the views had xpressed we determined
TO make no farther effort 10 procnre result that In
| cur Judgments every principle OF justice demanded
We then proceeded 10 the consideration OF another
resolution offered by one OF The gentlemen oil The
majority, which, as amended and ultimately adopt
| ed, is a. follows:
| Resolved further, That whilst In the opinion Of
this committee the certificates of the Governor OF
New Jersey are prina faes evidence that those no
hold Them are entitled 10 seats, they are not conc'u-
sive evidence a 10 The ultimate right and mat such
certificates, being contested such right must depend
on the majority Of kgal votes given in conformity
with the constitution Of the United States and The
laws OF New Jersey.
On this resolution division called for, TO
wit, on the first branch, as follows:
Resolved further That whilst in The opinion Of
this committee The certificates OF the Governor OF
New Jersey are prima faeie evidence that those who
hold them entitled 10 the seals, they not con-
elusive evidence as othe ultimate right.
And those who have paid much attention TO the
progress OF this question, both in the House and the
country, will perhaps be somewhat amazed 10 hear
that this proposition Tor which alone had conlended
i in the House, and the defeat OF which had caused
sovereign Stale in this Union 10 be deprived oil five
sixlhs of her representation the floor OF Congress,
and had excited the public mind in every part OF the
/ cunfederacy met with the unanimous sanction OF the
committee.
| The resolutions, as adopted, was communicated 10
all the parties engaged in the contest under The fol-
lowing resolution
"Resolved, That the foregoing resolutions be
communicated TO each OF The claimants to the vacant
seats from the Stale OF New Jersey, and that this
committee will hear them al their committee room
The 10Th day OF January instant, al 10 o'clock in
The forenoon, the subject OF the measures which
should be adopted 10 obtain the evidence applicable
| TO inquiry before The committee"
Accordingly on the Goth ofJanuary, the parties
appeared before the committee, anu there was
likelihood that after fifteen days of lime and laber
spent BY the committee before they could arrive at
any conclusion, we should at once proceed in pur-
suance of these resolutions, 10 ascertain which five
OF the ten individuals claiming seats had now ma
joriiy Of legal voles and therefore duly elected
members Of Congress- when very Unexpectedly TO
| the undersigned the chairman Of the committee
moved reconsideration OF these resolutions, " h
view 10 offer substitutes. They were reconsider ed
accordingly, again discussed, and laid on The table
and the chairman introduced substitutes which were
| amended, modified and discussed, and were finally
adopted afler Two days Of additional labor and are
| as follows:
1 Resolved, That the credentials of4he Governor OF
New Jersey are prima facie evidence tina, they who
hold them entitled to Seats but being questioned
| on the ground that all the votes polled mol
counted this committee will now proceed 10 inquire
and ascertain who Of the ten claimants for the five
contested seats received the greatest number of votes
| polled in conformity with The laws OF New Jersey,
the late election Tor Members Of Congress in tina.
| State.
| Resolved, That all received by authorized
officers acting in conformity with the laws prin,a
faete legal but il being alleged and offered To be
sustained by evidence, that pluralites were obtained
| by means OF illegal votes and frauds perperaed on
The balIol-box, mis- committee will admit evidence
as 10 the truth of these allegations, and inquire who
| of the claimants received The greatest number Of
| legal votes in conformity with The Constitution of
| the United States and The laws OF New Jersey, and
therefore entitled to occupy, as members Of the
26h Congress, the five contested seats from that
! State.
| Resolved, That the adoption of the above resolu-
tons does not preclude this committee from reiuing
the facts and testimony, with lis opinion thereon Tor
the consideration OF the House. at any stage of It's
proceedings that il may deem il expedlent 10 do SO.
Resolved, That copy OF The foregoing resolutions
| be communicated to each Of the claimants to the
vacant seats fiom New Jersey, and that they be in
formed that the committee has reconsidered and
indefinitely postponed the resolutions furnished them
| ON the 2Slh instant, and that this committee will
hear them at their committee room on Saturday, the
first February pruxlmo, at ten o'clock IN The lore
noon, on the subject Of the measures which should
be adopted TO obtain the evidence applicable 10 the
inquiry before the committee.
The parties accordingly met again in the Commit
room, and after they were severally heard, the
Committee adopted the following resolution:
"Resoipcd, Tha, we will now take up the testimony
which has been referred to this committee in the New
Jersey case with view Of hearing and deciding upon
competency only leaving its snbciency to be deter
mined when the testimony finally closed by order Of
the Committee and If, during the investigation of the
subject it shall be desired by either party furnish
additional testimony, that then the parties be allowed
such reasonable time may be determined by the
mittee take such additional testimony, IN the
prescribed by the laws OF New Jersey relating
tested elections, unless the parties agree upon
other mode which may be sanctioned by the committee
Thus, ii will be perceived, that before paper
purporng TO be testimony in this CASE was opened
by the committee, it was resolved to decide upon its
compeiency alone and il was further resolved that
time ouldbe alo,ccd either party requiring it, 10 take
additional testimony with view, we supposed OF
ascertaining the whole TRUTH touching the merits of
the election.
This resolution, the committee adopted, without
knowing how it ould affect the interests Of either
party, or which should be the first TO ask Tor time;
tor il depended on what portion OF the testimony
might be received, and what rejected either side.
In pursuance thereof the Committee proceeded
to hear objections and arguments on the competency
of the evidence Most OF the testimony the part
of the non commissioned claimants, consisted Of
certificates and sworn copies OF papers, the afidavs
appended 10 which we're crpdrte, and hken without
notice. And most of that adduced by the commits
stoned claimants, besides their commissions consist
ed Of dispositions taken before State officers in New
Jersey, upon notice TO the opposite party Numerous
objections were taken to the competency Of this evil
dencc, but the undersigned felt no embarrassment in
respect 10 any oil them, except that which raised