The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-18
From the New York Day Book.
The wings OF New Jersey and Governor
Price

The wings OF New Jersey seem 10 be in earnest in
their 10 Gust Governor Price from his chair
All the preliminary steps required by the under
which they profess TO act have been taken with the ut
most circumspecton and with the srctes Formally
notice from contestant OF intention contest has been
given the petition, and affidavit verifying the matters
SET forth in The peton have been presented the pre
dent of the senate, and by him have been laid before
both houses OF the legislature and their duty,
both houses of the legislature have received the docu-
and ordered them 10 be printed. Thus far the path
OF procedure has been plain and unquesioned but
divergence OF opinion is discovered. The enemies of
Governor Price urge that the houses should convene
day within ten days after the reception OF the
petition and accompanying papers. and appoint joint
committee hear and decide the question issuesuch
being The modus opsranG of testing the validity OF the
election Of a State officer.
Ga the other hand the friends of his exceIleucy con-
tend that the law which is invoked by the petitioner,
and which is the only in the stauteb book in res-
ton 10 matters Of the kind, does contemplate trial
Of elgbity that its provisions only apply to questions
Of fraudulent returns, false certificates and disputed cleo.
tons; and tina, Governor Price having CONCEDED ma,
ory OF the votes cast and bis credentials being regular
there is nothing be tried but his eligibility to bis Office
under the constitution Of New Jersey and that ques.
tons OF constitutional law belong exclusively 10 the
courts. What the final conclusion OF the opposing par
ties will be, or what will be decided 10 pur.
sue in the premises, do not pretend to say; but,
without being all familiar with the code OF our neigh
Dor the other side the Hudson, think that the friends
OF the governor of New Jersey take a common sense
view well as lawyer.like view of the case.
There being mode provided by the law for tying
and deciding the eligibility Of State officer and as the
question of eligibility involves the practical application and
the proper construction of the constitution of right and
necessity falls within the province of the Supreme JUDI
cia tribunal of The State. The houses OF the legislature
decide upon the claims Of their own members de-
handing or holding seals but unless there was an ex
press statute to that effect for them 10 decide upon The
eligibility OF the chief magistrate OF The State TO his GU
bernatorial chair would be ridiculous assumption Ii
is however, matter Of perfect indifference TO Governor
Price whether he j, arraigned before legislative com
mee the court of appeals either will be composed
OF his personal and political friends And on account
Of his indifference as TO the selection OF tribunal all
Considerations merely technical and not going to the
merits Of the questions controvered will be waived, we
presume, unless thereby dangerous precedent night be
established
VI hupls''y " 10 us the sup
poriers Of Mr.. Haywood should have taken the hint
from the absence OF any law applicable The Case and
let the alone. II the lawmakers OF New Jersey
have contemplated endeavor TO deea, the will
of the people, and override their uneqoiyocal decision in
matter which they must have well understood, we
should expect 10 hesitation and rresolution in
politicians before making such an endeayor Where
laws are silent political rariisans might be expected TO
be silent
Had Gov Price come from foreign country, or even
bad be come from another though sister, State, the
bot haste and the fierce determination at all hazards 10
unrobe him could be better understood and perhaps would
be more excusabls, but being born, as he was in the
State Of New Jersey bred among her children and edu
Gated upon her SOIL and having shed lnsire upon her
name in the service OF The naon; and finally and within
year, having represented her with fidelity upon The floor
of Congress- the onslaught upon him. and on the prefer,