Monmouth weekly herald. [volume] (Freehold, N.J.) 1854-1860, 1859-02-03

ANUhEWF " SADMOS Esq y uOuse Oh ASSEMBLY.
SIR:--I have carefully considered the YER
bal request (made by you yesterday that
would prepare for you, as one of the Commit
tee on Elections, a written opinion upon the
question of eligibility of Joel M johnson, ESQ.
to the seat in the House of Assembly which he
now occupies. Ass,
have no official knowledge of the facts of
the case whatever. and it is needless to say
that could not legally predicate an opinion
for use in the Legislature upon information OBJ
tanned from newspapers, or even from facts sta
ted in our books of reports
Some days since, if / am correctly informed,
resolution introduced into the House, drec-
ting the Committee to call for my opinion was,
very properly. as it seems to me, voted down.
or laid upon the table, Under these circum-
stances it would be manifestly improper for me
to give such an opinion, even were Iready and
willing to do SO. But, with great respect /
beg to decline giving such an opinion, not upon
the above grounds only, but for other and ad-
ditional reasons
No question could be presented of greater
delieacy than one involving the political rights
Of one of your own members; and before
should assume to counsel thereon, I should
have to be very sure that it was clear duty to
do so. If the precedent be once introduced
it may be found that in times Of party excite
ment, the opinion of an Attorney General will
some day be used as species of political make
weigM in the organization of the two Houses
1t is a precedent which am unwilling to es-
tablsh. a ta ka58i
The Constitution of New jersey Article
w., sec, w, provides that Teach House shall
be the 9Hdge of the elections, returns and qatoli
featsons Of its o0n members From their de-
eision there is no appeal, their action is final
and conclusive. The duty of making this de-
cision is thus devolyed upon them exclusively,
and no man Is required to share, if he be jus
tilted in sharing the responsibility along with
them.
The request for an opinion from the Attor-
ney General, is grounded doubtless upon that
provision of the act which, among other things
says, he shall give to the m9mbers of The
Senate and Assembly, and to the Executive
and all the officers of the State Government
such legal information as they may from time
to time request 1t may be doubted whether
this was intended to give to the Senate and
House initheir organized capacity, or to each
member individually, the right to call at all
times for illegal Information; but if the lat
ter were intended, it was doubtless coatempla-
ted that such information would be in refer
euee to ordinary current business, such as the
preparation of bills the examination Of con.
dicting laws, the effect andconstitutionality of
new provisions, and the many other questions
of like nature which arise in the course Of daily
legislation. 1t could hardly have been nten-
ded that each member might call on tile At
torney General for 'elegal information as to
the rights Of a fellow member to bis seat
This act defining the duties of the A ttorney
General, whatever may be its meaning does
not changethe Constitution; and do not.feel
that, fairly considered, it devolves upon me,
under the facts herein before stated, the duty
Of settling questions as to the qualifications Of
q member of5tho House.
With much respect have the honor to be
Yours truly, WM, i, DAYTON, S
/ Attorney General,