The Madisonian., 1840-01-14
THE NEW JERSEY CASE.

REMONSTRANCE Of the five wing
members from New Jersey, against the pro-
ceedngs Of the House of Representatives, read
to the House by Mr.. Bolts, Of Virginia.
To The Represeaiatires Of Me Trenfy-sir COngnss
nole assembled;
We the undersigned Representatives Of the State OF
New Jersey n the eweny.sx,h Congress, do respect
fully Iemonstrate against the course OF proceeding
adopted by this body relation to our lights, and 10 The
rights Of the people of The State of New Jersey, and
submit the following statement;
We appeared in the Hall Of Representatives at the
commencement Of this session Of Congress- claiming TO
represent the sovereign State OF Jersey We produced,
as the evidence Of right to do the highest evl-
dence known the laws Of that State the Constitu
ton Of the United States TO Parliamentary usage, and
10 international lawa commission under the great seal
OF the State Of NV Jersey and signed 10y the Execu-
i've thereof TO which commission, now on your table,
these remonstrants for greater certainty refer
by vote OF this body, before It constitutonaly
organized and before any Of its members were sworn,
and without the exhibition Of any other better title TO
seats than these remonslrants had presented decision
was made denying our right to vote IN relation TO the
iings OF that body, preparatory TO It's organization
asa House Of Representatives
his same body also previous 10 its organization,
refused by vote Of 1T 10 1T. adopt resolution
declaring that credentials insufficient to ene
us to take seats in the House Of Representatives.;
thereby mPhedy negatving our rights 10 seats on this
floor
Against both these decisions we did them and do now.
protest, illegal aud unconstitutional and, after the
election OF Speaker these remonslants demanded OF
hm TO be representatives OF the State OF New
Jersey The Speaker then stated that, consequence
OF the proceedings which had already been taken IN re-
stion 10 our rights 10 seats, he declined TO administer
TO US the oaths OF office, although his opinion there
another situ (that
titled 10 quaiy) remained unchanged, and he therefore
submitted our demand to be sworn TO the House And
thereupon the Representatives Of the Twenty sixth
Congress Of the United States then present. by vote Of
ll6 TO u, rejected the following resoluton,viz
Resolped, That the Representatives Of the Twenty
sixth Congress OF the United States present, do
advise aud request the Speaker to administer the oath
required BY law 10 the five gentlemen from the State Of
New Jersey, who have presented credentials TO thc
Speaker, and demand 10 be sworn
Your remons,ranls would remark upon this reso-
luton:
Firs. That it does not propose to decide upon the
right OF these remonsrants TO their seats, bat merely
10 give the Speaker advice.
Second. That the members of this body not being
organized according to the Constitution, had no
right 10 give advice on the subject.
THIRD. That il was the duty Of the Speaker i'm
posed upon him by law, 10 administer the oath 10 the
duly commissioned members from the Stale OF New
Jersey and that no advice or request OF any body OF
men, however numerous or respectable, could abb
solve him from the performance OF that duty.
Fourth. That if the request or advice Of major
ity OF the Representatives of the Twenty-sxh Con-
gress would have been entitled 10 The respect OF an
authoritative decision, yet The resolution above re-
cited being the expression OF the opinion OF mi
noTity OF those Representatives, entitled TO no
such consideration. We sayt the opinion OF minor
ily because by adding the Vote OF the Speaker lwho
thought we ought 10 BE- sworn) and The live Votes OF
the remonstranls (@ho were as much entitled 10 vote
On the question any members presently there would
have been llS in favor OF The resolution 10 ll0
against II, exclusive OF the absent Whg members
who, we are informed, accord with US in opinion
mol being able, therefore, TO recognize in the reso
luton OF ms body any legal or constitutional aeei-
SION against our right to seats as members OF 'h's
Congress nor even the expression of The opinion VI
the majority of the members this question, we
cahno' consent 10 compromit the rights of the State
OF new Jersey, or our own, by asking matter Of
favor 10 be admitted TO those seats in this Hall which
We as the Representatives of sovereign, State
claim as Of right.
But, having received from Peter d Vroom, Phile-
mon Dickerson William r. Cooper Joseph Kille,
and Daniel b Ryall ESqrs. written notice that they
intended to Contest our right to seats members Of
the Iwentysixth Congtess, we shall proceed briefly
to examine the grounds which they seek to ques.
lion such right
Our right to seats on this floor is founded, in the
first instance, on the commission OF the State of New
Jersey heretofore referred 10, and laid your Ia
Bile.
The adverse claimants have sought to invaidate
this title by the production Of paper purportng TO
be certificate oil election returns, signed BY James
ID. Westcott, Secretary OF State of New Jersey and
whlth has been read in your hearing
We demonstrate against the reception of this pa
per as evidence, and deny that it is entitled 10 any
consideration whatever.
First. Because the Secretary of the State of New
Jersey has not by law, the custody OF the election
returns, or any manner Of official connection with
them, and is no, authorized by law TO certify Them or
10 give copies thereof.
.Sscond. Because the pretended certificates is de-
ceplive, erroneous and false.
Ihtrd. Because it gives only the aggregate ma
joriiy which would have existed if all the votes H.
legal as we'll as legal had been counted and duly
turned.
Whereas your remonstranls insist that ifthis body
should inquire into the votes actually given at said
election, they can count only the votes of legal vo-
ters, and that all illegal votes must be deducted from
the aggregate amount given to each of the said clai
manis respectively. Aud these remoastrants charge
and oDer 10 prone, THAT MORE THAN TWO
HUNDRED AND THIRTY ILLEGAL VOTES
hare been conatedby the said Secretary for each of the
said claimants and enter into the aggregate amount
OF Votes stated BY him have been received by said
claimants respectively
And your femonstrants further insist, that there
should be deducted from the aggregate number of
votes given 10 said claimants the number of one
hundred and three voes-returned in favor of the
said claimants from the township of Saddle river in
the county OF Bergen-0n account of The gsoss frand
praetiNd in that tomlShp By ROBBING THE
BALLOT BOX of a number Of bgal coLcs giren
for Hess rcmonsrants and inserting an equal nun
Der Of Fraudulent rotes for stid claimants.
And your remonSrants further insist that there
| should be deducted from the aggregate amount of
votes given 10 the said claimants IN the said cer,i6-
cate OF said Secretary, two hundred and ninetysix
votes, polled for them in the township of South Am
boy, in the county of Midlesex-because the elec.
tion held in said township for an inspector of said
election was illegal, fraudulent, and void and be-
cause it does not appear that the person who acted