Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850Benton, Thomas Hart
History
Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850
Benton, Thomas Hart
United States -- Politics and government -- 1815-1861
The organization of the House was delayed for many days by a case
of closely and earnestly contested election from the State of New
Jersey. Five citizens, to wit: John B. Aycrigg, John B. Maxwell,
William Halsted, Thomas C. Stratton, Thomas Jones Yorke, had
received the governor's certificate as duly elected: five other
citizens, to wit: Philemon Dickerson, Peter D. Vroom, Daniel B.
Ryall, William R. Cooper, John Kille, claimed to have received
a majority of the lawful votes given in the election: and each
set demanded admission as representatives. No case of contested
election was ever more warmly disputed in the House. The two sets
of claimants were of opposite political parties: the House was
nearly divided: five from one side and added to the other would
make a difference of ten votes: and these ten might determine its
character. The first struggle was on the part of the members holding
the certificates claiming to be admitted, and to act as members,
until the question of _right_ should be decided; and as this would
give them a right to vote for speaker, it might have had the effect
of deciding that important election: and for this point a great
struggle was made by the whig party. The democracy could not ask
for the immediate admission of the five democratic claimants, as
they only presented a case which required to be examined before it
could be decided. Their course was to exclude both sets, and send
them equally before the committee of contested elections; and in
the mean time, a resolution to proceed with the organization of
the House was adopted after an arduous and protracted struggle, in
which every variety of parliamentary motion was exhausted by each
side to accomplish its purpose; and, at the end of three months
it was referred to the committee to report which five of the ten
contestants had received the greatest number of legal votes. This
was putting the issue on the rights of the voters--on the broad
and popular ground of choice by the people: and was equivalent to
deciding the question in favor of the democratic contestants, who
held the certificate of the Secretary of State that the majority of
votes returned to his office was in their favor,--counting the votes
of some precincts which the governor and council had rejected for
illegality in holding the elections. As the constitutional judge
of the election, qualifications and returns of its own members, the
House disregarded the decision of the governor and council; and,
deferring to the representative principle, made the decision turn,
not upon the conduct of the officers holding the election, but upon
the rights of the voters.
Public-domain text, read in full here on John Shaqi.
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