Newspapers / Carolina Watchman (Salisbury, N.C.) / March 27, 1840, edition 1 / Page 2
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- ' IK -!'! '; I U. -v .A. hi '3 - V. - - . Is W i .! WW : i 1 - ftesotve.' Thai tbeadralkino. the aboveVes-j h iuTd be sfafibatelnjwrn. v. . ; 2 . --t.. jk?iSI,W vunmUtee froin.i tnittes an anxtmi wish -ih&tTirJTiime alTeaed J wfih. as in opinion; thought that the Executive Commissions 'should bettKlyverhwked jiapd vtha ii was ihe duty of the Committee, to ptoj. -Y&r4 at onre to ascertain which parly had ;. ret .? ceived a majority of alt votes, good- and bad, giyl afai ih n.',Hsi and were, therefore entitled fto tb returns and submitted amendments to that l jThis view of he.sufci-we; deem, utterly f t " at1aci'g j bat time .mil not permit ns to :enjer I inju theargoment.The Conse q'lences jesajuln I ' from ihfe.tioVeT docirlne, are; well iUostratei jj : -the scene pi' disofrlefand confusion which jfjE--f ;HT t uJHed from Ha application a,t ;ther presehtawjeorj . J -scenes in i high degree, discreditable toy the lmw. ind endangering the neace oflbe countryl - . - H o a .-- - f .J ; an J w hich must greatly 4 Impair the confidence) 1 of; all right-thinking people, in the perpetuity or ; our free institutions.-)! 'Ck '-.' ' viiflL' ;.V jUpon 4; ireful examination of the laws ijof " New.sey. We ascertained that the' Goveio' and Piiiry Council were mere ministerial officers),' i 1 cliargnf with, a- certain - specified duty, plainly ft seji forth; viz : to ascertain and determiae wl;fcch; 1 t?ir the pet$ons:?nted for; received the geezer i4tii'&tvt Vote, according to-ifee.-. retarns tntde i yifW cfftf ka t it: aewerai Conntteaiof the Sjfajuj. v 'i hai the indiiidoals who wert commiaaioncr 7 ;i he G j e rr.or pf New J eraey as. the, Repregeiir j taie ( ihni, State, bad received the greatest im!iiler if totes thus returned according to la, 'v a laci tint dippo ted or'denied. k. . '.1, irttiflg ttijij dirterenie uf opinion," hower,! to t iis Li t 'e Cooiuiiitee as t o thelbasis of a repir, . 'the raoTrr of the original proposiUon modi flea tbje fcHiiwewith the view of reachrW the sense of the , ;''Ciuaiiiit'ie ; .ih1 merely proposed, in. general itrjnv bat a preiiVriary report should be rnae, i Vc'esiynaiing IUe i-ndividoals. 'irho should occupy all . - ' . i . ! " i- . f njfut could be determined r Ums manilesiiag a d,fcf)'isiiiu'i to have the) sea ta filled, as the jfeofij IHl. Iiii mnA llaA f-f.tnoA nvalvtit italukfnSnA nn)illtfni loi their sense justice and propriety. ISot, truiii an appreliension aa we rtesume, that they jjuptd , ; ro) siicceed id the untenable ground they iwad ia . . ke'f that the report ahould be made favorable) to th'iiMj whu barely o'nained a majority of all the vtsi jrgal. and illegal, given at the election, l.i "drj to Hi ! the nii-iiilied tesolouoQ was' likewise rest ant a ubsitiuTe vSe'red; which proposed to int qiin who were entitled to be retorned as mejrn rWra elrct ; evidenily vn the ground -of good and .had voifS ; for when it was proposed to in$ext;an anQehdfueni, which wdold make the casetbinjdn the majority of legal voles, such amendment rtas ,8trsruuiisty resisted, and carried only by the cas j'ibg ,t uf the Chairman. ' This resolalion as liimJelv adopted, was as follows ; v. f" j j r---4.f Iltivteed, That this committee 'will now pro- s i;vj fco io asrain wnicn nve ory ne ten muiviuu f claiming the five Vacant seats from Nel er t , recei ved a majority of legal voles, and ihere- j : ? for' a re" d uly el cted M embers of t h e i 5 6 1 h Con ; fc'-ei, from that -State?; according to the- Coisi- liition- uf the United 5iatesarid the laws of lew . Jersey." : ': -, ;.?&&r. ill, I 'Jiius it will be perceived that the commitlee . ea'oe to an early determination to in vestigate the ballot boxes, and asrettain who were enliifed to i ho seals on the ground of havingreceived $ ma jority of legal vote?, in which decision we acqni ced ; andialihoogh our opinions 'is ere; unchang ed as to the prppneiy of the views we had ex v pressed, we determined to make no farther E ffort 1 to priMjure'a result that, in our judgments, every principle of justice demanded. - ! Ij ( We then proceeded to the consideration of iao other resyl oi ion offered by uhe of the gentlemen V of the majority, which, as amended and ultimate ly, adopted, is as follows : I - ;ftcsol?ed furibe, That wbilstjn the nfirjion ; pf thisi committee, the certifies lestf the Gofvjfcrn V or of New Jersey are priwaflctVevidenc that thuse jwholiold ihcm are eniiiled to seats! they are nnt conclusive evidence as. to' the nllimdte righi and ihat such -certificates, being cotitest fi1tsn;h right must depend on the majority (of tcgttl jrotes giv.enin conformity with the cbhsti tuiiun of the United . States and the laws of: New A j On this resolution a.divUion was oaJled wii,n ihefiist branch, as toliows : ... J Ufiolved fflMher, That" whilst in the dom on a, oi thi4 roiumin.eibe ceriificates of the Gdvernj :i : ttr iif New Jersey are pritna facci evidence 'that ih wtw? hold theniaie emitled to'tb seats, i . jlhey'iire notconclusive. evidence as to Jtbia ol jtlUM.Jf rlht. I;, ; ;.'!; , .- -.,- I j -. l A'l i ttne who have paid tnoch attentioa to ittif i;irrH4 ttf thl fined inn luiih'in thai tTniica jand ijie country, will perhaps be somewhat a jmitzi'd to heat that tbi projwsition for which a ilune we haii con le need in, the House, aodj the 'defeat of which had caused a sovrein Siate in tin yni n o be deprived of five-sixths of repiMentation on the !l r of Congress, and jexcited the public toind in every part-of-tb:;cin-fi deracy, met with ihe unanimous sanctipbiof the coiimiitlee. l'lie renitoiions, as adopted, was commnnica- iea u an in pari)- engagea in the conleSS fin der the fullnwiuo resofuiion : ' -' v i ri I " Ketudved; That the foregoing resolutions! be cou.uiuuicaieu to eacn oi tne claimants 10 vacao; stais from the State of New Jk i-i ihit this committee will hear them at their co'iimitee rom on the 29U day of Januarvl In siam.- at 10 o'clck tn the forenoon, on the Isob-J ject ot ttie measures which' should bo adopted! to obtain ihn i evidence applicable to inquirv p?ore the commiltfe."- r - - ill Acccfdingly, on the 29th of January. lhb;par ties ared before the commhtee.and thetewas a hkel.h.jod that after fifteen "days 'of tlmpl ind labor apent by the committee '-before tbeyMbhld me. at ny conclusion, we 6hoold at oncfl firo cted, in jarsuance of these resolutions) to sscer tajn which five of the ten individuals claiming eeais had now a majirity of legal votes, and fwere therefore duly elected members of Currjs8, viheti very unexpectedly to the undersigned, khe chairman wf jtbe committee moved a reconsider. atm of ihese resolutions, with a view tioj offer substttuies. They were reconsidered accofdirg ly. again discussed, and laid on the tablet and the chairman introduced substitutes whiefwere amended, tnodified anddiscossed.and werJ filial ly adopted after two days of additional labtr and are a fuLVws : , i i oTottuhs does not preclude .this committee from - .e..i:-A u- fJ.t- taeiJnnhV. With HSppinlOn thereon for the considerin of the lW, at anj-. alage of iis proceedings - tbat it may.decm it expedtenfl0 du 0- 1 'L . : VL";'"-"' Ilesolved, That a copy, of the foregoing reso. lotions be communicated to each of the claimants to the vacant seats from ) New Jersey, and. thai I hey be informed that thecotnmiilee has recon sidered and iodeSnitely postponed theTresblu toiions furnished them on the-SSlh instant and that this commitlee will hear.-them at their cota- mitiee room on Satorday, the first February prox imo, ii ten o'clock in the fotenoon, on the .sub ject of the tneasare whicb-should -, be . adopted to oqiain me evidence appucaoie to loquiij before the committee. V4 I il I ' - The parties accordingly inet again in the Co'm ruittee loom, and after tbeyere severally heard the Uo'omittee adopted; the following resoia tion: I ' f ! '- '. Resolved !Thz we w;i$ now. take tip the testioaonv which has been preferred loihiscom- mittee in the New Jersev case, with a view of bearing and deciding nponiits competency only ; leaving its ivjjiciency to beJetermitied when the testimony is iinally closed by order of tbe Com mittee; and if, daring the! investigation of tbe subject, it aha!l be desired y either parly to fur nish additional testimony, hat then the . parties be allowed such reasonableHime &9 may be de termined bv the committee; Ho take such addi tional teslimonyj in the, manner prescribed by tbe laws of New Jersey "relating to contested elections, unless the parlies agree upon some oth er mode wbioh may be sanctioned by the com mittee." . . I 'ill ' ' Thus, it will be perceived;, that before a paper purporting to be; testimonyjih' this case, waso pened by the committeej 0jWs resolved to de cide upon its competenct) alohe and it was fur ther resolved, that time Mould bz allowed either party requiring if, to taheajdditional testimony. witn- a view, as we suppoaeu,, oi ascenauuug the whole truth, touching the merits of tbe elec tion. . :'- v.' This resold lion, the committee adoptedwitb out knowing how it would affect the interests of either party, or which should be the first to ask for time; for it depended on what portion of the testimony might be received, and what rejected on either aide. , s r In puranance thereof,5 the! Committee proceed ed to hear objections and arguments on tbe com petency of the evidence. JVJost of the testimony on the part of the non commissioned claimants, consisted of certificates and sworn copies of pa pers, the affidavits appended to which were export e, and taken without notice. And most ot that adduced by the Commissioned claimants, besides their commissions consisted ot deposi. tions taken before Stale officers in Ne w Jersey. upon notice to the opposite party. Niiaerous objections were taken to the competency of this evidence, but the undersigned tel; no embar rassment in respect to any at them, except that wbich raised an inquiry as to the svjjiciency of the notice of taking the depositions ; there be ing no law of Congress'or of the State, applica ble to this case, directing the mode of taking ev idence, the coumiitee experienced great difficul ty in finding any rule that would "do justice to all concerned; The usage of tbe House for ma ny years, had sanctioned the practice of receiv ing depositions, in cases of contested election, ta ken on reasonable notice but had not settled what was reasonable notice. Tbe commissioned members indicated a willingness that, inasmuch as they were to return (o New Jersey to obtain additional proofs, the committee should reject all testimony in respect to' whiph there was much doubt ; to thend that ftbey might retake the ev iJence, and place tbe mate beyond dispute. . It is proper to state that j this suggestion, made from motives of prudence.avowedly influenced the action of one of the undersigned, who voted for the the exclusion of testimony Which he would not have hesitated to receive, if compelled to proeeed at once and dispose of tbe case on its merits. The Chairman seemed disposed o take a liberal view of the subject j & to admit nearly the whole of the evidence onjboth sides; jtreafing what we deemed objections to competency, at mere objections to thesiicicncy of the proofs the effect of which was, with the aid of the other four members con curring in the report already aubmitted, to let in mucn ine most imponapi paft oi tne testimony adduoed - by the non-k:omriissioned claimants, though taken exparte and(iitbout notice. But her bad Dittee an anxious wish -ihatToJTiime aiiewed or, the; cnmplet itwijif i he pnfsshpuW be abbre; viated; with a view to briog the ;ease "oVion its merits, before the House at an early a . day as practicaoiev anc mreeoj ineunaersigneo in oe-. ference to tbe opinions Vnd feelings of the dhair- man, co-operated withthtm in an eUort to procure 1 a reconsldratton of the aDQve; resolution ; wmcn ; was defeated by) the votes of the other members:, of tbe corn mil tee. ''''. ' fl ' Resolved, That the parlies to the contested election for the state oi JFtew Jersey be, andj,cey are herebv." authorized to lake lhe'Jteslimony of snch witnesses as either of them , may desire to examine, oy oeposiuons m cooiorroiiy wiin me laws oi mat state in iorce at tne time oi iaKiog ny soch - testimony, pn- the subject of contested; elections in similar cases ; provided : ibal thej parties may by any egreement under their hands.; regulate the mode of giving notice, and other! matters oi lorm at ineif aiscreuoo.- " Soon after the adoption of these resolutions, the commissioned members left the city for the State, of New Jersey, to finish taking their evidence, L': i ..-ii a; a nt!.! I wnere mey situ remain, i "f ounc- pate, nor bad we an '.intimation, from any quar-f ter, ibat farther i proceedings in ihe case wer contemplated, either in ibe committee or the Mouse, until tne expiration oi, i-ae ume anow-ti ed the'parties to complete their evidence,, nor are wt willing to believe that the House would have adopted the resolution lvf the'-SSth Febraary, ifj it had known the situation ot the case Oetore tne committee, or anticipated the construction thej committee would nut on the resolution. t i ,- Nothing is more abhorrent to a well regolatedij mind, than the appearance of deception or trea chery in the administration of justice. We will not, for the honor of bur country, believe that the highest deliberative-assembly in the land, acting as a judicial tribuoa,and deciding, not only upon the riarhts of individuals, but alsounon the rights!' of one of the sovereign Slates of tbe Union, willj fur a moment, after these parties have been sentp away in confident security that they were to havej lime to take their evidence, entertain the Idea of taking up the case in their absence, and deciding; it without a hearing, and with tbe proofs on onef side wholly incomplete. Such a procedure would1,! be an example of injustice and perfidy so flagranti and establish 1 a precedent so pernicious, that itjj would hardly be respectful to this honorable body to give it further-examination. At this stage of th!e proceedings (tbe parlies having returned to New Jersey to complete their testimony J the subject was again brought before the House.and a strenuous effort made to instruct the committee ilo report forthwith'- Who had re-1 ceivea a majority tie votes given at me pons;; and, on a reposition jo amend the resolution by inserting the word! " atcuf so as to require the committee to report tile lawful votes only, a longi earnest, and, to some extent, angry debate arose j and by tbe casting Jvote of the Speaker, th amendment was adopted ; and the resolution wa sent to the committed in the following- form : " Resolved, That ? the committee of electrons; be authorized to report to Ibis House such papers and such of their proceedings as they may def sire to have printed by order of the House, and mat mey oe instructed also (to report lonnwunj, which five of the ten: individuals, claiming seats from the State of . New Jersey, received the greatest number of jfrnrjiZ votes from the whole State for represehtaif es in Congress of the Unis- ted Mates, at the election of 83S.in said State!, with all the evidence; of the fact in their possesi sion :) provided that nothing herein contained ill L' a .i snail ne so construed as to prevent or delay tne action of said commit tee in taking testimony an deciding the said case upon the merits of the eiecuon." i .. ; i . A majority of .the! committee, paying no regard to absolute instructions of the House, to report the lawful voles, decided thai the introduction of the word lawful ,V sdid not affect ihe original meening of the, proposition, and that the resis tance it had encountered in the House from four of their, ovn members, had no object in it but a perverse and obstinate determination on their part to oppose a' perfectly harmless amendment ; and they proceeded at once; without deign'tfg io go inio an examination oi me leeumony-ueiore them, to make a report on the whole number o votes given at the polls, lawful and unlawful, thje men and the boys, the aliens and the citizens without uiscriminaiton, and without stopping to enquire wuetnerj met eiecuons were neia in iue manner prescribed by law, when they knew tha out. the esamjna'tiun oil testimony, the Commit tee would jf port thaall ibe votes given at the etecton-wefe; lwftl enjoined TtoiportfeMetf;when expressly rnired jtbj reporiwbo received the greatest qurrtberiof jf from the whole State an $ if there Iftrasjeo iestimony be fore the coriirnittee 'iftinab!( thlm Co report foilb wiihwhatJlbey werreiM pbrWhj did theynoi itatelhatj fact SjtbeHouse?;; Why did they riot jjeport, fht the testlmonyjijficowf plelei and tie parties to the: contest, are no w, by order of the'commiliee, at home, taking evidence to establish iwhat yda have instructed tn to re port? WKydid lheyKnot giveto that pungent word 'forthwith? lis plain, common sense mean ing L as soon as practicable,; wit hoot nnoecessary delay ? Bot, instead of thaUit ia made td con irol the w hole resol tiiiori ---IWbai-says the" re port-: WiW: "iAVhen JLbe prdppsiiion io instruct was origin ally j n trod deed as! anramentmeni to the applica lien with w-hieh the evmmiltee had come before the Houseits intent) was clear that, a report should be immediately made of the nanes of those who had received! the greatest number of votes at the lastfcongressfonal eljtton iin fsTew Jer sey. If any thing more was wanting to explain the meaning of.4.hia proposiiion, it is to be toand n the proviso which was added, and which ciear- y indicated thai tbe) action! which the" House was moved) to demand, did H not contemplate an interference with the coarse) adopted by the com mittee for the " tfefng of I testimony, and deciding- the case upon the merits of the election.1 ' And, yet; when the resolution' is so altered as to require the committee to .report upon the law ful voles only, it mens precisely what was in tended before tbe amendment was adopted. Such a course of feasoningi we take for granted, can not be satiifactorv. either to the House or tbe country, j j - j 'I ! jflj h The ieport proceeds to say : At the! same time, the committee cannot entirely (akifk the word) lltfitirely-otertook the word lawful, or strike that from the resolution, which was) inserted iupon d contest so close, as to require a casting .vpte for! its decision which ca3ting vote may as well be ascribed to tne chair man of the committee; as to the Speaker of the when the testimony on the pother side cameun- allegations had been made and partially establish der consideration, the same ffbar members voted I ed tha all these matters would be proven, aojd against its competency, though taken on notices,! many of them, perhaps enough, already proven in some instances at least, a)mple and abundant ; j by the testimony then before them, to change the and it so nappened mat in consequence ot the result at least in pait,-if they would have opened and examined it.! But this the Committee con elude, and labor throughout their report to provjk thev were not aotnotizeu to do, oecause mey were directed to report forthwith on the lawful votes, and that the efjeel of that omnipotentjarpd "vuneent word JorthwUa, neutralized and nuj lified the word lawful, and rendered it perfect nutrarorf : and that bejng required to report forth 9 i m it - - ". r - . JL with the lawful votes, tney were oi necessity doubts of one of the undersigned, arid tbe influ ence of a wish which he Indulged io have the case cleared of all embarrassment, by re-taking the evidence, much thf most important part of the proof offered by the coinmisaioned claimants was rejected; and tbe testimony before the com mitlee was left in a very ! confused, imperfect, and chaotic state, and in such a condition as to render it, in the judgment of tne undersigned, in a high degree unjust to rriake it the basis of compelled to regard) all unlawful rotes as lawf the House, 0tes. and that that was what the House intent House, for !one vote counted; as much: as the oth er ; and one would respectfully inquire whether the Hon. Cbairmai, himself, who drafted that report, attached no importance to the! insertion of the word lawful, at the time he votes for it. The report goes on. jj !; ' " There is but one other basis left, and that in the nririm facie case unon! the returns of the local officers of trie leveral polls ; and ifie nature of the controversy taKen into coosioerauon, it can scarcely be doubted that lo this basis the resolu tion s looked" H ! I 1 1 But, the very; subject of the controversy before the House,8 wis.) whether the resolu tion should look to that basis or not whelh er it should lookjjto the ! whole vote, or tbe lawful votes ony ; and! it had been decided by the casting vote referred to, tbat it should look to the lawful vote only : and not to the whole vote given, bs originally propos ed by the resolution, and while the commit tee "cannot entirely overlook the word law ful," or strike it from the resolution, they find no difficulty! in disregarding its plain import arid meaning, jahd they report the very matter they) were instructed, by the House, riot to report, and this not from a desire to make such a report, (because five members of that Committee had constantly refused to make at repot t based upon any such principle. but iri strict obedience to the instructions! of the House.. But, in ad dition to this "pungent ; word forthwith" it is 3aid ,Hhe proviso qualified the meaning of ihe word lawful. Now, the construction that we give to the proviso, is, thai it quali fies this word, forthisith and was inten ded as a ) qualification ;bf that! word, when first introduced; Thai is to say, that whilst you are required to report, forthwith, which five of these ten j gentlemen received the greatest number of votes from the whole State, nothing herein 'contained shall be so construed as to!pWent,;or delay the action of the committee in taking testimony, or de ciding said case upon1 the met its of the elec tion. It, appears to us that there can be but one opinion on this subject, Oiat the provi so was intended as a I qualification to the vforthwith,, report tbi be made; and it is totally incomprerjenible to jus, bow the minds of the committee, could have been drawn into the strange error, that tbe provi so was intended to qualify what, at the time consiiiuieu no pan ui iuo assembling of the committed tinder the re? J ujuuuu uciciii ciarainea,iue majority, wim out considering the "proofs admitted to be competent," the tendency of which was to show that unlawful votes had been" polled of ; noncommissionea, claimants, settled forthwith,' tbe principles upon which, the report should bo made ; and peremptorily instructed the Chairman ta add the votes of Milville and South Amboy to those count ed by the Governor in Privy Council : thus resolving the duties' of the committee into the. solution of ah' artthroettcal ; problem cf the most simplc'charact But there is an additional and most im posing fact which we desire to present for the consideration of the House, before tliey deride thin imnnrtnnt nip"slinn'". r "f T" y-, i -;-r T",!i""" " ' - . 1 At the moment; the committee had the re port under consideration, and before any vote was taken thereon, ihe' Chairman had in possession a sealed package of deposi tions) addressed to the Speaker of the House, to the care of the; Chairman, and endorsed 'depositions in the New 'Jersey case,' for warded by the commissioned -claimants ; and which the majority of the Commitlee refused to send to the Speaker, to the end that the same might be opened, and. taken into consideration in llio decision of the question then pending in committee. On examination, we find that the said deposi tions establish and prove illegal votes cast for the non-commissioned claimant?, which, added toother unlawful voles already proven are sufficient to give one of the commission ed claiments Mr. Stratton bis seat, on the ground of receiving a majority of lawful votes cast at the polls. 1 The following table will show how many illegal votes the commissioned members must prove (if the votes of Milville and South Araboy be added) to establish their rigoi over tneir opponents to the vacant seats, ML rniD.i REPUBLIC!. Willi a:: TOT. joii; or c viz over tf (( f Mr. Kille 50 Ryall, 59 Dickerson, 117 Cooper 135 Vroom, .199 first instance be have established ded when by a) Vjd)te!o 97 to 96 they determined to insert it. j! f'l . . , f Why, then; dtd tbese gentlemen tnemseives resist its introduciiom? It was precisely whi)t ihev desired ! ii was exactly what they had struggled for jnicorbjnittee, and why did-they not put the same jconsiracuoii uh ueu uwu in committee; (when! y the casting .Tote of abje cnairman it wbmc,i?mtoi Hi R dved, Thai the credentials of the! Gbv- erncr oi cew jersey re yrima facie lev dence ..... .hj ,1UIU mem. are pout H. in ctt. but, being questioned on the'ground that kllithe voces polled were not counted, this Oooirahtee will now proceed to ioqiire and ascertain rw ho of the ten claimants lor the five contested seats re ceived Mhe greatest number of votes polled in conformity with the )aws of New Jersey at the late dectioo of -Members1 of Congress (in that r.State. '"III; Rest-lvetf, That all the votes receivedtbif ar. ; thrfrizd offieera acting in conformity iwlthl the laws are prima facie legal : but it beirlgilillgcd and offered to be sustained,- that pluralities were obtained by means if illegal votes and frauds perpetrated on,ifie" ballot-box,' this cKinm)ittee Will admit evidence as to thetmth of ihesejalle gat ions, and inquire who of Ihe claimants receiv ed the greatest number of legal voips ir conf)orm ity wth ihe .Constitution of the United Spates and the hws of New Jersey, and therefore aie entitled to occupy as members of the i6ih Con- crress; tbe fire contetled seats from that Sute. the action either tn the committee or for any purpose wbateferi f - When the Committee had thus disposed of the questions of competency arising on the evi dence before it, the commissioned members again renewed their application for further time, to finish taking their testimony ; andagain ver bally stated to the Committee the various diffi culties which had prevented the completion of their woofs before the session of Congress. And this statement not being denied by tbe non com- legal under the samejcircumstances. Why dijf missioned claimants, the committee, in consid- they not then proceed lo ascertain wno nao m eration of those d:thcu!Ues, and also in refer ence to tbe fact that euch of the lestimonv ad- duced had been rejected in the manner above sta ted, deemed ihe request rfasonable, and deter mined to grant it ; and both parties .being deci- dedlv of the o Din ion that the tesiimonv could not be taken before ihf secSnd Monday in April lion lo say any tbinHhat might bear the appear next, the committee adopted a preamble and ance of a want of ft proper deference for the opin resolution as follows:! ! iSf ions of onr colleagues;, and yet, we have so littli Whereas; the people of trie State of New Jer- respect for the reasoning contained in that report ov aro nt nrpcpnt Hariri vidl.f fioe.aivths of their I tht ve scarcely know how to characterize 0 Renresentatlon in theiHouse of Representatives, treat it. We do!rlotmaan to impeach tbeir mo and it being highly expedieui that the. decision of the question beiween the several claimants to s in the House aforesaid, ordioary docomentj as practicable, consistent ceived a maToritV of Illeffal as well as legal votesl and report that fact ito tne noose ? uniy, we l toi nun rrpri t tmrfl fnrlhiiithV mo nmttt aA I ' t s- I " ' - !' This branch of the report, we confess, we fee I "1 ir 1 ' Mi.Lii.namf- rrrr . r i t e t roucn aimcQuy ui! pifios iuu . iumi9,v3i 1. .1' V ..tLl nA.. .L M-... the five contested sea be madeas speedily. with a due investigation and deliberation, and J: 13. Aycrigg, William 2 misled and others, hav ing made application to the i committee, for time to take further evidence; to maintain their right to seats in said House, and the contestors having onccu iiiai, ii hid vuuiuiimco iiliu tmuicstr i i w r ji t- Jersev. received the greatest number of lawful V - - i U ;I I m ii I I aO. t O M-v.-.t. uy ot legal votes, they desire time also to take votes, irom tne wnote riaie, ior xcpicaC."incp testimony : 5 1 t.j , I in trie congress or tine .unuw ow, p 'I'hop.fnr. I?---t- Tfc,i iKa Knhtinn hoi np inn i t ISXH "in said mate. VHD an me Tlr required to notifiv the several claimanis afore- dence of the fact in their possession : " Provided, said, that this committee will not proceed to a fiH that nothing herein contained, shall he so cofl- nai decision of the question of ultimate right ce- struea as io prevent; or delay, tne acuon o io pending before them, until the second Monday Committee in , taking testimony, or deciding the in April next, at whichiiime the committee will said case opon the merits of the election." Ho!fv it was written, resolution. The subsequent introduction of the word lawful, as we conceive, not only does, but was intended to qualify,; control and explain, the whole resolution H was an explanation of itself. I But the Committee, have deter mined tlit the word, forthwith and the pro viso, which were)i intended to be explained, by the jword lawful,! themselves, explain the explanation, r, lii fkher words, nullifies and renders altogether nugatory, this most important and j all cbnttolling explanatory amendment. n There) is one vjew; of this subject that is truly singular, however, and that is, that in the early part of the aession, when the same facts were admitted )pefore the House that are now 'reported by :ihe committee, there was not a member of this body prepared to give llie seats to those who received a ma jorily oft all the yjotesj given, including the bad withj the good. j ;VVby was the case ever referred to the cemmittee ? The House hav ing refused to recogrlijze those persons as members who hate .the legal commissions, and not venturing at tjiat time to recognize those wno hadjn returns, and only claimed that they had received a majority of legal and illegal votejs, the whole matter was referred to a committee for investigation under such circumstances as to indicate conclusively, that those of this body who were in favor of going behind the commis sions, contemplated ;an inquiry the most ampleand comprehensive: To ths result the undersigned are led by a review of alltbefcircumsfafices which have altJended! the House on this subject, from the commencement of the session, as well as by the flagrant injustice which will 'mark the contrary course, leading, with a hat this position Jand absolute "instruction been 1 haste. unparalleled, to the decision of a great tivesor tbeir infel we are impelled to igencei but, at the same time srteak of it as the most extra that has ever come under out: observation. Let Jus compare the resolution ot .! . tii - r .I.. -:.. i the House wiin'! tueinepor o w" yumwuiecj and ascertain whether the instructions therein contained have been obeyed or disregarded, By that resojtiuon. the uommmee are insiroc td torenort forthwith, which five of the ten in dividoals claiming seats from the Slate ofNeiv Mr. Slratton Maxwell Halsted York Aycrigg The proofs laid in the fore the commitle, would both Messrs. Stratton and Maxwell in their seats had tbe same been in all respects com petent. The injustice of refusing to examine the new depositions is the more' apparent from the fapt that they were taken as substitutes. for other depositions on the same subject, which had been rejected under circumstan ces herein before detailed. Their weight and effect is greatly enhanced by the fact tbat the contesting party was present, and cross-examined the witnesses. v v Tbe undersigned made strenuous efforts to induce the majority of the committee to strike out the word laivfuP whenever it appears in their1 report as qualifying the word 'votes? so that the language of the report might correspond with the principle on which it is based, and thus all misappre hension, either by the House or the country, be excluded ; and also to induce the ma jority to insert a clause in their report to in dicate opposition to it in the committee, and to grant us time for the exposition of our views through the medium of a counter- report ; but their efforts proved wholly un availing. We have said enough, we trust to estab lish the propriety of having the report of the Committee recommitted; tbat the in structions given may be literally and faith- luily obeyed. With this statement of facts, to sustain which we respectfully ask for the printing of an the documents, we leave the case to the ( House; and if it be contemplated to make a report, submitted under such circumstan ces, the basis of any action that will com promise the rights of either of the parties in mis controveisv, we beg leave, as mem bers of the Committee, as Representatives of the people, and in behalf of the sov ereign States of this Union, to protest against what we conceive a most indefensible and unlawful proceeding. U MILLARD FILLMORE, JNO M. BOTTS, - GEO. W. CRABB. TRUMAN SMITH. Washington, March 10, 1810. ' We are acth:: M. SMITH, a c office of Sherill i "RECKONING "Thefollowir-i correspondenco tf Enquirer: "Mr. Rorr.:' Buren candidal? ; na, is at present i ? r, t - via a en.nes.see, u or affects to thin! , Tennessee, but t 61ue in Ohio. ( he does not app : r pinion, however, t Mr. Fisher givc3 I isbury district, I: three or four the r be a hard battle." We have no t give Saunders t! we have as littl: make it good : I him the majority trict, it is a tvc:f the only one w! : chance to sncc: last week (at t: and took the cz : public opinion, r convinced that ! ism in every shs willows for Uc bargain as ihey disttict will net i Straws Shcv:, nant circuenstan; desperation cf tL: that the Globe z:. rading every litt party chanced ta small increase in states of New Y as the grand rcr fir from bein: JIj; report, the proofs to h klnsed. anJ will not re ceive any testimony taken bv either of tbe'par-1 falfilled f .WHS there a member of the body that ties after that time, bat iootbing in this resolotion I did not feel and believe, po the introducticn of tbe shall prevent the comojittee ar anv time before I word lawful that 'was so strenuously resisteid, mat oav from taking on; ahl AomA inrt I that the wnoie corecis di me mover or tne onai- ii i ue panics snail declare themselves ready I nai resoiuuoo aou u.s meuas, naa oeeo aeieaieor Was mere m. memoer oi uie noose wno anncipa- s' - with all the:r testimdnv. tn justice to the chairman of the committee, and important question in the absence of the parties, and .contrary, to the expectations which tHey had been ;aa:horized to indulge. T In order to brinri this subiect more fullt before tbe House);-tjhe undersigned ' deem it ted thai within a 1-w days from that time, with- .proper to state, thai immediately upon the Taken up and Committed f I iu the bounty frison of Rowan, on the JL 14th Inst., 2 3XTEGRO MEjNT, by the names of Lewis and Henson for Henry) Lewi seems to be about 2S vears of arre. and about 5 feet 7 or S inches high, quick spoken and quite black j altogether a very likely boy Henson (or Hen tf) seems to be younger than Lewis, and is not as tall by an inch or'more. He is very black, stout built and likely. They say that) they ran away from William Ellison in South Carolina; and that they were going back to Virginia, from whence they were taken. The owner is requested to come for ward, prove property, pay charges and take them away, or they will 6e dealt wilh according to law. j f DAVID KERNS, Jailor. . March 27, 1840 tf35 Jfust Received and for Sate, Wholesale or lie tail, 100-Kegs Nails assorted sizes, 10 Hbds. Sugar, . - -' -15 do Molasses, . ' . 250 Sacks Salt, " - -. y. 7 ' . ; 10 Doz. German Grass Sjihes, 6 do English Grain do. 50 Bbls. Superfine Flour, 20 Boxes Bunch Raisins. ! By J.& W. MURPIIT. Salisbary March 27, 1840. y'Js:i:IiS From the South Carolina Manufacturing 4 ! Company. THE Subscriber has received alargesnpply pf Nails from the above Company, which are eqaal, if hot superior to Northern make, And have made arrangements tor a regular supply, which will be sold wholesale or retail on reason able terms, f MICHAEL BROWN. Salisbury March 27ih 1840.-S5lf RESOLUTION );'.;) RV Wre give b. telligenl body es : The high char: pies of the in Jit'. no commendatk ; eral others of ti, it, t Vi o m!er ii la f sign the procee V, gure in politic; could be , brov;J counter resol uti ttr . .1 ff . IIP, IUU K3 i of Rowan, hzxi propiiate duti. to give a public the Stale of p . our eyes to i! now exists in zens are vese Trade is dull r for maiket arc scarce, and enr more afraid to trusted. Wc t. wa uu i it 13 caused t j bv our Govcr credit nf thn ( upon the Car. States for liavi; of the deposit probability, ti. come the law ( , liesolvcd, I ' - - Durcu wuo i j ; structivo po!ir dence and s-.i; Jlesolved, T rison, we recr and a friend Vail .ujjjui i i cordiality. Resolved, 'I printed in 'Si!! these proceed PAUL .2. THE ULU!: Mr. Jtffcrsr have been 6i j! Presidents cf t that General I! tbeir confiJen nation. LTnJ r was not only t Western Tern of the army, 1
Carolina Watchman (Salisbury, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 27, 1840, edition 1
2
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