The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1840-03-26

the votes given al the election were Lawful
votes, because they we're enjoined to report
forthwith, when they were expressly re-
quired TO report who received the greatest
number OF iGTtnl votes only from the whole
State and II there was no testimony before
the Committee TO enable them to report
forthwith, what they were required 10 re.
port, why did they not state that fact to the
House! Why did they no, report, that The
testimony is incomplete, and the parties to
! the contest are now, by order Of the Com.
mittee, at home, taking evidence 10 establish
what you have instructed us to report =
Why did they not give to that pungent irOrd
forthwith" lis plain, common sense mean.
log, as soon as practicable, without unneces.
sary delay? But, instead of that, it is made
to control the whole resolution. VIVA, says
the report:
"When the proposition to instruct was ofigi.
nally introduced as an amendment TO the appli.
cation with which the committee had come be.
fore tho House, its intent was clear that report
should be immediately mads of the names of those
who had received the greatest number Of votes at
the last Congressional election in New jersey
/ If any thing more was wanting 10 explain the
meaning of this proposition, it is to be found in
the prouiSo which was added and which clearly
indicated that the action which the House was
moved to demand, did not contemplate an inter.
ference with the course adopted by the committee
/ for the taking If testimony, and deciding The
case upon he merits Of tie election.
And, yet, when the resolution is 50 alter.
ed as 10 require the committee to report up,
on the lawful votes only, il means precisely
what was intended before the amendment
was adopted. Such course OF reasoning,
se take TOR granted, cannot be satisfactory,
either to the House or the country.
The report proceeds to say:
:" AT the same time, the committee cannot en-
t'rely lmark the word entirely Overlook the word
lG,etul, or strike that from the resolution, which
was inserted upon contest so close, as 10 require
casting vote for its decision"
Which casting vote may as well be ascribed
to the Chairman Of the committee, as 10 the
Speaker OF the House, for one vote counted
as much as the other; and one would res.
pecltully inquire whether tho Hon. Chair.
man, himself, who drafted that report,
attached 40 Importance to the insertion Of
the word lawful, at The time he voted for il.
The report goes on.
There is but one other basis left, and that is
the primo facie case upon the returns Of the 10.
cal officers of the several polls and the nature Of
the controversy taken into consideration, it can
scarcely be doubted that to this basis tx geso!u
ton looac5."
But, the very subject Of the controversy
before the House, was, whether the resolu
ton should look to that basis or not-whelh.
er II should look to The whole vote, or The
iGmfai votes oGly and il had been decided
by The casting vote referred 10, that it should
look 10 the tatrful vote oaly and mol 10 the
whole vote given, as originally proposed by
Tie resolution, and while the committee
cannot entirely overlook he word lawful"
or strike il from the resolution, they fnd no
difficulty IN dlsIcgarding its plain impor,
and meaning, aid they report the very mat
ter they were instructed, by the House, moi
to report, and hrs not from desire 10 make
such report, because five members of that
committee had constantly refused to make
a report based upon any such principle, J but
IN strict obedience TO the instruction. OF lbe
House. But, in addition To this puaeeai
cord, torihuiih," il is SAID "the proylso
q1alihed the meaning Of the word lawful
Now, the construction that we give to the
proYiso, ls, that 1t qualities thus word,
" forthuta," and was intended as quail
location OF that word, when first introduced.
That Is to SAT-, that whilst YOU are required
10 report, forthwith, which five Of these ten
gentlemen received the greatest number OF
Votes from the whole State, nothing herein
Contained shall be so construed as to prevent,
or delay The action Of the committee in TAX
ing testimony, or deciding said case upon
the merits of the election. II appears 10
Us that there can be bur one opinion on this
subject, that the proviso was intended as
qualification 10 the forthwith report to
be made; audit is totally incomprshenslble
10 US, how the minds Of the committee could
have been drawn into the strange error,
that the proviso was intended 10 qualify !
what, at the time it was written, constituted
10 part Of the resolution.
The subsequent introduction OF the word
faVjm, as SO conceive, not only does, but |.
vas intended to qualify, control and explain,
the whole resolution IT was an explanation
Of itself But the committee, have deter. /
mined that the word, forthwith, and the
DroyIso, which were intended to be explain. +
cd, By tue word lawful, themselves, explain
he explanation, or, in other words, nalbfes
and readers altogether nugatoIy, this most
important and oil controlling explanatory
amendment.
There IS one view Of this subject tina, is
ruly singular, however, and tina, is, that 10
he early part Of the session, when the same
acts were admitted before the House that
ire now reported by The committee, there
vas not member of this body prepared to
1--WE the seats TO those who received ma.
orliy Of all the votes given, including the
'ad with the good. Why was the cas- cy
II referred TO The committee The House
laylng refused TO recognize those persons
Ismembers who have the legal commissions,
n M nsafYY rtst 81 Al,