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

Why, then, did these gentlemen lhemse,y., ,, h
its introduction II was precisely wha, Tho,
sired IL was exactly what they had Struggled T. j
committee, and why did they not pui The sam.
slruclon on their own act in committee. wb,,.
casting vote OF the chairman il was then de,,,,
insert The word legal under the sane cireunt,,
Why did they not then proceed 10 ascertain q,
received majority Of illegal as well as lrg.,
and report that fact to the House Only q.
pose, because that "pungeHt loord fouAr,Av
omitted
This branch Of the report, we confess ". Il
much difficulty in preparing, from an indi.poo,.
To say any thing that might bear the appearane. A.
want Of proper difference for The opinions Of
colleagues; and yet, We have so Iiule respect Gtr.
reasoning contained in that report that We scare.
know how 10 characterize or treat it, We i
mean 10 impeach their motives or their iutellp.r,.
but, al the same time, we are impeled to speak
as the most extraordinary document that has a..
come under our observation. Let US compare +. I
resolution of The Houae with The Report Of |
Committee, and ascertain whether the ins,faclr
therein contained have been obeyed or disregart
BY that resolution the Committee are instruce5
report forthwith, which five OF the ten indy,dus
claiming seals from the State OF New Jersey r.
ceived the greatest number OF lawful votes, from h.
whole State, for Representatives in The Consre,,
the United States, at The election of 1888 IN .st
State with all the evidence OF that fact in iheirt
session: Provided, thai nothing herein coulaneS
shall be SO construed as 10 prevent or delay the ac
ton OF the Committee in taking testimony, Or d,
Gliding the said case upon The merits OF the eiss
tion." How has this position and absolute iGstut
ton been iulhlled7 Was there a member Of 4.
body that did not feel and believe, on the htfoeu..
tion of the word lawful that WAS SO slrenuouSt T..
sisted that the whole objects OF the mover oi me o.
ginal resolution and his friends, had been defeated
Was there member Of The House who anlictp.,.5
that within few days from that time, witbvullt.
examination OF testimony, The COMMITTEE WONG Re
portlhat all the votes given at the election aete law
tu votes, because they were enloined 10 repoft an
loiM, when they were expressly required 10 fep.f.
who received the greatest number of Mrht Oh,
only from The whole State and il there was no les
tmony before the Committee 10 enable them TO-
port forthwith, what they we're required 10 rcpoH.-
Why did they not stale hat fact to The House Wby
didthey NOT report, that the testimony is ncomplet
and the parties TO the contest are now BY order 4
the Committee, at home, taking evidence 10 esab.,,
VIVA, you have instructed US TO report1 Why d.
they not give 10 that pungent cord "Jorthpia, IL
plain, common sense meaning, as soon as practica
ble without unnecessary delay1 But, instead d
that, it is made TO control The whole resolution
What says the report
when the proposition to instruct was originally a.
troduced as an amendment TO the application Nph
which the committee had come before the House ID,
intent clear that report should be immtdla civ
made Of the names OF those who had ecehed The
greatest number oil votes the last Congressous ee
ton IN New Jersey. II any thing mauurg
to explain the meaning of this proposition, Is to be
found 10 the prortso hch added, aud which ctqt
Indicated that the action which the House ntot,4
TO demand, did not contemplate an Interference Win
the adopted by the committee for the "iakmp u
testimony and deciding The case upon The mets Vi ne
election" #s#
And, yet when the resolution is SO altered as 10
require the committee to report upon The lawluIvoes
only, II means precisely what was intended before
the amendment was adopted Such course Of tea.
sonng we take for granted, cannot be satisfactory,
either TO the House or the country.
The report proceeds to say
"At the same time, The committee cannot entire;
(mark the word) entirely opcrioak the word iaefu
or strike that from the resolution, which was insert
ed upon contest SO close, as TO require casing
vote for its decision" which casting vote may as
well be ascribed to The chairman OF the committee
as to the Speaker of the House, Tor counitt
as much as the other; and one would respectfully 10
qure whether the Hon. Chairman, himself, whc
drafted that report, attached no importance 10 lht
insertion OF the word lawful at the lime be voted
for it.
The report goes on.
"There is but one other basis left, and that is III,
prima aee upon the returns OF the local officers
the several polls and the nature OF the controversy Ia
ken no consideration, can scarcely DO doubted lhd
to this basis the resolution looked
But, the very subject Of the controversy before he
House, was, whether the resolution should look 70
tina, basis or not-whether il should look 10 The
whole vote, or the lari votes only; and il had been
decided by the casting vote referred TO- that should
look to the iarfl vote only and not TO The who.e
vote given, as originally proposed by the resolution
and while the committee cannot entiiely overloo.
the word lawful" or strike il from the resolution
they find no difficulty in disregardng its plain IN
port and meaning, and they report the very mater
they were instructed, by the House, moi to repot.
and this not from desire TO make such repo"
fbecause FIVE members OF that committee had COL
santy refused to make a report oaseo upon aO'
such principle Blu, in strict obedience TO The insIGe
tiops OF the House. But, in addition to this ppm
gent ,cord, forihrith" ii is said "he provso qud.
ed the meaning OF the word lawful. Now, the con
sruclion that give 10 the proviso, is, that quail
fies this word, "forthpih," and was intended as
qualification of that word, when FIRST Introduced
Tha, is to saw tha. whilst you are required 10 re
port forthwith, which five OF these ten gentlemen
received the greatest number Of votes from th
whole State, nothing herein contained shall be Sc
construed as to prevent or delay the action OF th
committee in taking testimony, or deciding said cas-
upon the merits Of the election. Il appears TO U
that there be but one opinion on this subject, tina
the proviso intended as qualification TO ih