The Madisonian., 1840-02-04


for the action OF the Governor and Council before
s o'clock the Saturday following the election, as
the law pfescribes
And, in like manner, If the Governor is permitted TO
exercise discretion of his own, by not ascerslnine
and determining who has received the highest number OF
votes according 10 the returns made by the several
county clerks (Which the only returns he Is author
lied by law to recognize, within the time prescribed,
why may he not exercise similar discretion, and pro-
coed to determine before the day arrives
1t mnst be evident that if you disregard the forma
ties OF the law at all, there ls stopping place, and
tho only safe aud proper mode Of proceeding is ad
here strictly to it, The Governor has no knowledge,
and has no right TO knowledge OF wha, has happened
excep, that which he derives in the manner and form
fixed by law and the complaint against him IN this
Is no. that he has violated law, but that he has adhered
too rigidly to il. And the proper place for those
claimants appear before the Legislature OF New Jer
sey. 10 complain OF the law ITSELF and not here to
plain Of the faithful execution Of those laws i, indeed.
there is ground for complaint any where,
Something has been said about the duty oi the Co
to send express for the returns il not recev
ed within certain time but it must be perceived that
the Governor not only not required, but was no,
authorized TO send express in this because he
had received all the returns, and nothing was left him
to do, ministerial officer. but to ascertain and
determine who the six persons voted for having
the highest number OF votes, and commission them
cordingly lie did SO; he ascertalned and determined
that John d. Aycrigg John ?, b Maxwell William
Halsted Joseph F Randolph, Charles g, Slratton, and
Thomas Jones Yorke were the six persons who receiv
ed the largest number Of votes and commissioned them
according to law, granting to each identcay the
commission.
Thus stood the matter when Congress met, and on
the first day the Clerk Of the House proceeded TO call
the ROLL having first made on, his printed list, according
usage with the Of the before mentioned gen.
,lemen thereon. When he got to New Jersey he call
cd Joseph + Randolph, and then paused and said the
other FIVE seats from that State contested and he
should leave it to the House determine who were
entitled to occupy the seats Let me here say one
word as to the conduct Of The Clerk, think II due
to truth and justice TO say that the Clerk Is not liable
to much censure as has been heaped upon him do
nat think he discharged his duty strictly but was not
matter OF the least consequence whether he did or
not il his duty to call the names OF the other
members, but If he had that moment the objection
would have been raised and the same question would
have been thrown before the House that has been by
his refusal TO call and would not have walked across
this Hall have had the control Of the conduct Of the
Clerk that occasion for he neither make nor un
make a member Of Congress by calling his name or by
refusing to call it, his calling the name OF Mr. Aycgg
and his associates, could neither have strengthened their
claims preudiced the claims Of the others and vice
versa Suppose he had called Mr. Dickerson and his
associates would their claims have been strengthened by
that circumstance the claims Of the other gentlemen
weakened Certainly not. And | have regretted TO
friends attach SO much importance TO his
object it, Mr. Speaker, for another reason 1t is
because you cannot place particle atom of re-
sponsblty his shoulders that you do not take from
the Administration party who entitled to bear It,
and who shall bear it far as am concerned. or my
voice 90 IN fixing upon them. cs sir, they have
been productive OF the whole difficulty, and must
permit them to escape il, by shutting it on the
Clerk do not only put on Them but fix it on the
head and leader, him for whose henef, j, was in
tended who stood by aud countenanced, if he did not
advise it, and who ready to avail himself o all the
benefit that might be derived from it, and who could by
a word nod have checked it at any moment he
thought proper. | Martin Van Buren himself
the President Of the United States; he is the TO
bear the whole responsibility the rest but the in
strumens with which he worked. How different was
his conduct on another occasion, when his nelyhbors
bull gored his OK. Let me show you;
"About the year 1914. case similar to that Of the
New Jersey members occurred in New Iork dis
pue between two persons, each claiming TO rep
the county Of Ontario in the Assembly. II may
be recolec,ed that, under the Constitution Of that State
as it then existed all the officers Of the Government
chosen by council OF appointment, selected by
the Assembly from the Senate. Under this regulation.
the party having majority in the Assembly had OF
course the power Of filling all the State offices with
their own parsans Among the candidates for Assem-
bly, in Ontario at the period referred to were Henry
Fellows, Federals,, and Peter Allen, Democrat
BY the law, it then Stood the inspectors OF cleo
ton were to make return to lhe clerk Of the
make return to the county clerk, whose duty II
add up the votes returned from the several towns,
and to give certificate OF election to the candidate or
candidates having the greatest number In fact, Hen
nv Fellows. Federal, elected by heavy
p Allen Democrat; but the clerk Of one Of the towns
where Fellows had large majority, in making his re-
turn to the county officer, abbreviated the Christian
name Of the Federal candidate, and returned many
votes for Hen Fellows. The clerk Of The county,
der the advice Of Mr.. Van Buren, then Attorney Gene
raj OF the State refused to count the votes thus
turned and rejecting the votes from that entire town.
declared Talori,y for Peter Allen, to whom he pre-
scented certificate Of election. The vote Of Allen gave
the Republican party preponderancs Of in the As
semby, and of prevented the Fedcras,s having
the same majority. Allen and Fellows both appeared
and the organization Of the House, claimed the
Mr. Van Buren. the Attorney General had the manage
mcnt Of the affair behalf Of the Republicans and
the late Elisha Williams acted for the Federal party
Mr. Van Buren, claimed that Allen was the eernfcd
member he entitled to his .eat in the first instance
and that Fellows, even if the rightful claimant, could
only obtain by vote of the Assembly ofter il should
be duly organized. This, tho correct constitutional
doctrine prevailed. Mr. Allen took his seat--assistod
in choosing a council OF appointment--by rhch Mr..
Van Burcn retained the office Of 1uorney General
and thenwas ousfed Mr.. Fellows right beng conceded
by tho unanimous resolution Of the House"
Contrast his conduct, in the Legislature Of New
York. when dfhuty Of this arose, with his pre-.
sen, position SO much for the candor Of the Presi
dent why docs he not give the same advice now
Now. MIR, Speaker, ! take the position, in the frs,
place. that there here and has been
Who contests in what form and in what manner are
these seats contested7 Has any gentleman the
other side presented himself here and demanded be
swcrnl No, sir. Has any memorial been presented
here, 10 the usual FORM complaining of the undue cleo
ton OF either OF the gentlemen regularly commission
ed No. sir And If you will strip this Of the
newspaper and partisan statements this floor and the
.T anI.
read from the Clerk par, Of tho speech OF
the from Ohio whs, there ask OF this House.
enable us to understand that there design dis
position dispute the seats Of the members from New
Jcrscy True. we have had these par,e statements
laid the Clerks desk, as he says, by God knows