The Madisonian., 1840-01-21

10 inspire, and under deep sense OF The obligation
ol The Executive 10 communicate fully with The Lee
gsianfe ~ case which so intimately affects The in
ieresls OF the People and The reputation and soyc-
relgay Of The State, commend the subject 10 your
| prompt and serious consideration.
BY the Constitution oi The United States the power
Of holding elections for X presentaiiyes Ia Congress
the times, places aud manner expressly reserved
10 the States, until they altered by law Con.
| greSs. Accordingly this State, in common with
every other membe Of the Union, has made full pro.
vision the subject. Our laws prescribe when ard
where the election shall be held how the result shan
be ascertained and by whom Ihe commissions shall
be granted. This commission under he seal OF ihe
State gives to the holder right In The first instance
10 be sworn and 10 take his seal as member of The
House Thus far, the power Of the States and The
Stale authorities are complete, and cannot b. inter.
ceped by any authority known 10 the Constitution.
II was seen, however by The trainers Of the Cunati
tuition, that cases might arise in which, from non
compliance with the laws Of The States, or by frauds
~ The elections The persons holding the commission
would MOI, 10 justice and equity, be entitled TO the
seat. The provision, therefore, was wisely made
that each House oi Congress shall have the right
Judge oi the elections, returns and qualifications Of
its members. Bui you will observe hat they must
i first become House within the meaning OF the Con
siilution. IL could never have been intended that a
body OF individuals assembling al Washington at the
lime fixed for the meeting of Congress, before they
are organized or even sworn, and before The
sary officers chosen preserve order should be
deemed House OF Representatives. When they
become duly organized and mol before the House is
constituted The Judge of the elections returns and
qualifications OF its own members" II may then,
application OF others claiming better right nvesii-
| gate fully the title Of any member 10 bis 81 at II is
then competent 10 inquire into the elections, to
ceve evidence send Ter persons and papers, look in
10 The returns, irregularities and frauds and
to do whatever else may be necessary enable it TO
Judge" whether the persons holding the commits
sions the claimants have been daily elected by the
people. BY this course of proceeding, no Stale
be unfepresented, and any injustice or nlurmality
that may arise from the imperfect or irregular oPe-
ration OF the State laws may be corrected
IL Is no part OF our complaint, therefore, that the
House Of Representatives should whsn organized IN
vesugate and investigate thoroughly, the qualifications
and prctensons Of its members That possesses the
power its fullest extent, and has alone that power.
has been doubted denied But the attempt
Of an unorganized body Of men exercise this high
prerogatve without the forms Of law, Of which
plan, and which act can be characterized only
strous usurpation. Il was by a summary proceeding
Of this sort, that New Jersey has been deprived OF FIVE
sixhs Of her representation in Congress The title Of
the FIVE Representatives who have been thus excluded,
without a hearing without investigation and without
even much as the form Of trial. has not been I'M
peached IN any respect whatever, and they stand
clothed with precisely the powers, and enti.
lied by the constitution aud laws TO equal privileges
with the men by whose concurrence they have been
cluded What other view can we take OF this
than as an insult offered directly to the whose
commissions these gentlemen BEAR and a violation Of
| the constitution Of the United States
This proceeding is materially aggravated by the fact
the Rouse engaged IN the transaction oil
which deeply the people Of New Jersey, the
same If they fully represented. A large sp-
Precipitation OF the public moneys has always been made
without regard to the claims Of this a on
the subject With the propneiy, the Representa-
tves from the other states, who have consprcd
clude New Jersey thus far from her proper participation
In the business Of the House, may go without her
consent TO appropriate the public revenues, ALLEVIATE he
title (seacd with the hest blood Of the Revoution in
the public domain, involve in all the consequence
1 system Is n
raught with the greatest mischief and il the positions
which have been assumed to prevail the very first
principle aud the only security ofrepresenative govern
ment will have been subverted. II will then always
be in the power Of minority to rule. since the nero
act Of questioning the title Of members deprives them
OF theis seats Il is believed that the without
parallel in the history Of legislation II may venture
say that example of the kind be found n the his
tory Of any State Legislature in The usages Of Con-
gress the British Parliament
The case is not at all affected by the well known
fact always understood and recognized that there is
grave question FIVE Of the seats from New jersey
TO be settled ultimately 10y Congress. There
returns from townships, which, under the law Of this
State, could not be counted by the State officers
Whether they such should be counted by Con-
gress (Which has very different power over them
from officers acting nndet the positive directions OF the
statute OF the State Is question for the House
tie. There is still another and important question
remaining, growing Of frauds, alleged have been
committed, not by mistake or oversight, but by sys-
tematic plan allow Aliens naiuralized the priv
ege OF voting. As to one OF the disputed townships,
not left to conjecture this point for you will
remember that the fact clearly asccrained by
open examination, before the Legislature last year
pretend know, and if did should think myself
not warranted in expressing any opinion which Of
the two parties claiming the election will appear, on
full and final examination, entitled to the seats amp
have no other desire than that justice should be done
But all this has just bearing the before
IL constitutes gronnd of Justification for that violent
exparte proceeding, by which the preludged,
and the State lef with but singfe.repre sentative on
the floor of Congress.
What were the prets1ts for this act The claimants
produce certificate from the Secretary Of State of
certain estimates and returns by which it would appear
that If the returns from two townships III the State,
which. were rejected returns, and forwarded to
the Governor, had beer counted, there would be
orty Of votes for the claimants Fhis certificate pos
sesses authority whaieves II does not relate any
paper or record belonging the Office Of Secretary os
State, aud was issued without the authority Of law. 1t
might as well have certified private letter
lumn OF newspaper IN the absence OF a more con-
Governor to lodge executive papers in the Secrearys
office for safe keeping and that was followed In the
present instance But they iorm part Of the files
| records Of bis Office.
1t IS alleged that any law Of tho State was violated
IN the manner Of awarding the certificates There IS
your staiate book and by it the Governor and Council
directed make up The result from the Clerks
turns, and from them alone anG the commissions
awarded after a careful estimate of the from all
the Clerks in the State. Without violation OF tho
law and OF official oath withoa passing by the ad
vice of the Council, and dfsrcgarding the unvsrying
practice under the law from Is enactment. other
could have been adopted. take stand by the side
Of the law Of the land and amid the OF party
seek no other security than approving conscience
and firm, nC havtn IA 1eA