Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1840-04-02


be entities, 10 be returned, hut that he
woulrl not he qualified 70 lake his seat
Aud this illustrates The whole matter, that
the questions are in their while nature
distlucl and separate. So il was, he said,
a man may have a majority at the polls.
and yel may NOT be electe.l; aud so the
House might. decide that man was Il
member. and yet Ihai he was not entitled
to the returns. They are all separate
questions.
Here, in the development and progress
of this case, We have seen one notorious
fact admitted by the papers, admitted by
the gentleman from New-Jersey, when
questioned upon this pnInt; thar is 10 say,
that The maturity uf the volers of N. Jrr-
sey gave their votes 10 o,her members than
those to whom the certificate of the Gov
eruor has heen given. The gentleman
Mr.. Ran,lolph) has admitted thai there
were maoritv of votes ou the other side,
hut says they were uoI legal! Now who
has decided that they were MOI legal -
Was it The local authorities nf New Jrr-
sey! The Governor, the Clerk. or The
judges of election! lay down this broad
proposition, and challenge gentlemen To
the arguments; that there ~ no authority
in ANY Stale officer TO judge and decide
upon The legality Of vntes after they have
been deposited in The ballot box, ur receiv-
ell at the polls. You may challenge n
voirr al the polls. AMI il challenged tnr
gond cause, his vote cannot he rereivel.-
Bul ifyou go beyond this power, ifeEoultl
inevitably lead to confusion ami fraud aud
transfer the judicial power Of this House
TO the local officers Of States.
Mr.. 7. proceeded. The proposition |
maintained is. that under the clause of the
Constitution of the United States, which
! have read. we are created sole aud ex-
elusive judges of the rerur,ls. use the
language uf the Constitution. aud | say
that no State authority can in'erpose TO
purge the polls after The laIlot ha, been
deposited, or after the votes have hesnre
crivcd. (viua roce, il you choose unless it
be to carry out The local policy oi,he States
as to qualifications. There j. ann,her
clause Of the CONSTITUTION. which shows
tra, the voters 'or This tIouse are intended
to he 0t the same cas. of voters az those
WhO are eutitled to- vote for members Of
the Legislature. But upon the power Ia
Judge of returns AMI elections, there can
be no concurrent Jurisdiction connected
with these questions, on the part of any
State authority. with0u: a palpahe vio
latlou nf the constitution. Admit that.
and what is the rcsrlti And h re will
observe that, in reAec,ing upon this issue.
] have hcen fnrcihly y struck with The wis
dom and philosophy of this noble instrn-
,nen. (huldine up the Constitution of the
CuiIed Stules.) But suppose the contra-
ry doctrine To he true; this House would
be at The mercv of conflicting judgments
III the States, as one party or anolher nghI
from time 10 time. bo in the ascendancv.
1t is in accordance with The very genius
of the Government that this branch of il
should he independents; anl. in order TO
maintain its Independence. il must be thu
exclusive Judge 0i'lhe returns. You can
nut get over that plain AMI pnlpahle pro.
vision of the Constitution. 1t is not pre-
tended here that any local authority is
given 10 Inc officers of New Jersey to purge
| The polls after the voies have heen depusir-
ell. did nor understand tlla, question so
Fave been raised; bur, ! repeat, it is ad-
mi'ted that Il ma nritv 0f vntes were on
the other si,ie. That heing so, contend
hat it is for us 10 say who are entitled To
The returns, and that that single question
'lnes not involve other questions in regard
To The eleriion.
ani not disposed 10 treat with dis.
respect the certificate of the Governor
! This House has nn right To pass cenSure
upon him He acted rs a State officer,
and. it he did not prohahly act with MIS-
'Ium, still tu no doubt thar he acted uu-
der conscientious belief thai he was a
mere ministerial officer of The law That
may he. He may have, supposed that he
waSIl"ing his duly. He gave the cerIifi-
cate upon The returns made by The clerks.
and announced thar he could nnl look be-
hind them. He looked upon himself as
the mere ministerial register, and supposed
that his certificate was To I've viewed in
that Highland in thar ligM only. But other
gentlemen may he entitled 1t, returns, nnI-
wi,hsrapdins his certificate. Aud my
proposition is this: lha, there is no au-
thoriiy in the STATE Of New Jersey 10 judge
Of the legality Of votes; aud that, after The
votes have been deposited. those who re-:
ceiued tn. majority are entitled to the re-
turns And thai we are made The sole and
exclusive judges Of The legality. con.
tend thai there was vast wisdom in this
provision of The Constitution, and iha, the
trainers intended us to he A 20 ordinate
branch of tins Government. entirely indie
pendent, AMI thai Ibis House alone should
decide upon The elections. returns and quail
ifcaiions Of its members. Without that
I provision, what comes of all our inderen.
deuce? ] contend that the question is
now hefore us in tangible shape.
Some gentlemen say that the House is
not constilutionaIly organized. think
there ia some confusion of ideas here, The