The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-02-20

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time. places, and manner, are express.
lfy reserved to the states until they
are alteredaby9a law Of congressaAc-
Fcordngly, this state, in common with
every other member of the union, has
made full provision on the subject.
Our laws prescribe, when and where
the election shall be held, how the re-
suit shall be ascertained, and by
whom the commission shall be grant
led. This commission under the seal
oftheo state, gives to the holder a
right in the first instance, to be sworn
and to take his seat as member Of
THE house. Thus far the power Of
the states, and the state authorities
are complete, and cannotbe intercept
ted by any authority known to4the
constitution. It was SEEM. however,
by the trainers Of the constitution,
thai cases ight arise in which, from
a Noncompliance with the laws Of the
states, or by frauds in the election,
the person holding the commission
wouldinot, in justice and equity. be
entitled to the seat.--The provision,
therefore was wisely made that each
house Of Congress shall have the
right to judge Of the elections, returns
and qualifications of its members.
But you will observe that they must
first become house, within the mean
ing Of the constitution. 1t could new
er have been intended that body of
individuals assembling at Washington
at the time fixed for the meeting of
congress, before they are organised
orare sworn, and before the necessary
officers are chosen to preserve order,
should be deemed house of represen-
tatiyes. When they become duly
organized, and not before, the house
J is constituted ''the judges of the cleo
tons, returns and qualifications Of its
own members It may then, on ap-
plication Of others claiming a better
right, investigate fully the title of any
member to his seat. 1t is then COM
petent to enquire into the elections,
to receive evidence, send for persons
and papers, look into the returns, cor
rect irregularities or frauds, and to do
whatever, else may be necessary to
enable It to ssjudge" whether the per
sons holding the commissions, or the
claimants, have been duly elected by
the people. By this course of pro
Rceeding, no state can be unrepresent-
ed, and any injustice or informality
that may arise from the imperfect or
irregular opera ton of the state laws.
may be corrected. y
It is no part Of our complaints
therefore that the house Of represent
atives should, when organised, inves
tigate, and investigate thoroughly, the
qualifications and pretensions of its
members. That it possesses the pow.
er, has never been doubtedor denied
But tits the attempt of an organised
body of men to exercise this; high
sprerogative without the forms of law
of which we complain, which act can
be characterised only as monstrous
usurpation: 1t was summary pro
ceeding Of this sort, that New Jersey
has been deprived of ive-sixths other
representation in congress. The ii.
tie Of the five representatives who
have been thus excluded, without a
hearing without investigation and
without even so much as the form o.
a trial, has not been impeached in any
respect whatever, and they now
Stand clothed with precisely the same
I powers, and are entitled by the con
stitution and laws to equal privileges
with the men by whose occurrence
they have been excluded. What 9th
er view can we take Of this case than
!. as an insult offered directly to the
state whose commissions these gen
tlemen bear, and a violation of the
constitution of the United States.
/ This proceeding is materially aggra.
waited by the fact that the house is en-
gagged id the transaction Of bushes:
I which deeply concerns the people o
New Jersey, the same as ifthey were
fully represented. "A large appropri
alton of the public monies has already
been made without regard to the
claims Of this state to voice on the
subject. With the same propriety
the representatives from the Other
states, who have conspired to exclude
New Jersey thus from her proper par
:. ticipation in the businessofth house
may go on. without her consent te
appropriate the public revenues
ALLEVIATE her title (sealed with the bes1
blood Of the revolution) in the public
i domain, or involve us in the conse.
! quences Of a disasterous system Of fl
nance. AS d precedent, It is hfaught
with the greatest mischief; and if The
positions which have been assumed
are to prevail, the very first princi
! pie and the only security Of repre-
sentative government will have. beer