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ml. vv. & W. S JONES. AUGUSTA, Ga. TUESDAY MORNING, MARCH 24, 1840. VoL jy.—No. 35.
IrTllU CHRONICLE AND SENTINEL.
IS PUBLISHED
I D JLY TRI-WEEKLY, AND WEEKLY,
At No. 209 Broad-slrect.
terms:
Kgailjpaper, Ten Dollars per annum, in advance.
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*l Weekly pap ’r, Three Dollars in advance,or Four at
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BhIIONICLE AND SKNTLNEL.
AUGUSTA.
MONDAY MORNING, MARCH 23.
fcw, (£/■ See first page.
“ The crowded state of our columns to-day, and
our wish to give place to the most important
news by th British Queen, do not permit the
insertion of the Report of the Minority of the
Committee on the New Jersey Election. It will
appear to-morrow.
f The Hanisburg Keystone, alluding to the peo
ple and the banks, says, “but having so long borne
the evils which have resulted to all from the de- |
nu gement of the currency and licentiousness of
the banks, a little longer delay on the part of the
legislature may be tolerated, for the sake of great
>. er security and stability hereafter.”
jjh The Philadelphia Inquirer of the 19th, says,
letter from Harrisburg states that the Commit-
B|eo of Conference have been unable to agree, and
»,have determined to ask for two more members
fefrom each House. Also, that a minority report
f has been submitted by (he Committee on Internal
ir Improvement, which goes against borrowing any
gmore money, until the State Debt is reduced. It
makes appropriations only for repairs.
Correspondence of the North American.
New York, March 17, 3 p. m.
The President and Cashier of the Manhattan
Bank have both resigned. The report of the in
vestigating committee is printed and advertised
for delivery to stockholders to-morrow morning.
/ The opinion of the brokers is not changed mate
rially by what has leaked out, as they offered 74
> at the Board.
Geneset (lour stands bettor to-day, in conse
quence of the sales which I mentioned yesterday
$5 1-3 is the lowest price. But Southern is dull
and cheap, as at the close of last week.
The sales of Cotton are only one lot of Upland
good fair at 8} cents, 60 bales.
Stocks rose to-day, hut I do not doom it neces
sary to repeat the details of changes, as your
readers will see them in the sales which you copy
from our reports.
Domestic Exchanges.—Philadelphia, 6J ;
Baltimore, 5J ; Richmond, 6} a 7; Charleston,
3J a sj ; Savann ih, 6 ; Augusta, 8 ; Macon, 9
a 10 ; Mobile, 6 ; New Orleans, 5$ a SJ.
Washington, March 12.
Thefo'lowing Resolutions were offered by our
Representatives, Messrs. Dawson and Habersham
in the course of last week :
On motion of Mr. Dawson,
Resolved, That the Secretary of War he re
quest'd, as soon as lie can conveniently, to lay
before the House the claims of the Stale of
Georgia against the United States, for payments
made for military services rendered by the militia
arul volunteers of the State, during the Seminole,
Cherokee, and Creek campaigns, curing the years
1835, &c.,and which said claims were presented
for payments to the Secretary of War, by Iverson
L. Harris, Esq. during the year 1838; and that
t..e Secretaiy accompany such claims with such
views as ho may deem due to the Slate, with the
reason why said claims could not ho paid, under
existing laws.
Mr. Habersham submitted the following, which
lies over:
Resolved. That the Committee on the Judiciary
do inquire into the necessity or expediency of so
amending the Constitution of the United States,
as that the same shall define and prescribe the
evidence upon which persons claiming to be
members of the House of Representatives of the
United Slates, shall take their scats in the House,
and he entitled to exercise the privileges of mem
bers until after the organization of the House, and
an investigation and report by the Standing Com
i mittee of Elections, on his right of claim to such
seat, and a final decision of tue House ou such
report.
Mr. Waddy Thompson submitted the follow
ing which was objected to, and lies over:
Resolved, That the Secretary of War be re
quested to inform this House to what instance in
which Congress has refused the necessary ap
propriations for tho prosecution of the war in
Florida, ho alludes, in the following passage of
his letter to Governor Call, bearing date the 20th
June, 1838—
“It (tho Department) is still further restricted
[ by the means to provide for but a limited force, as
it is with the greatest difficulty that appropria
tions can lie obtained of Congress for even the
smallest possible force necessary for the execution
of its duty of protecting the inhabitants of Flori
da or elsewhere.”
Correspondence of the Baltimore Patriot.
Washington, March 9th.
BANKRUPT LAW.
In the Senate, to-day, several memorials were
presented in favor of the passage of a law, estab
lishing a uniform system of bankruptcy for the
United Stales, which were referred to the Com
mittee on the Judiciary.
Mr. Wall, Chairman of that committee has
intimated that, owing to the creat amount of busi
ness before them which calls for prompt action,
he has not been able to prepare the bill for the
bankrupt system as soon as be wished, but would
probably be able to present it during the next
week.
ENCOURAGEMENT OF SILK MANUFACTURE.
Mr. Wall presented several petitions praying
for aid and encouragement to the cultivation and
manufacture of silk, by the imposition of duties
on foreign silk.
LOSSES IN INDIAN WARS.
The bill lor paying the damages suffered by
certain persons in Indian wars since 1830. was
then taken up; and, after some discussion, was
postponed till to-morrow.
CUMBERLAND HOAD. I
The Senate then proceeded to consider the bill I
making an appropriation for the continuance of i
the Cumberland road through the States ot Ohio, i
Indiana and Illinois. a
Mr. Norvdl proposed to amend by adding an 1
appropriation for the improvement of certain c
harbors and rivers, and on it a discussion arose, i
The amendment was ordered to bo printed, and f
the hill pas-ed over. c
The hill the more effectually to secure the pub- \
lie money in the hands of officers and agents of a
the Government, and to punish defaulters, was r
also taken up, and, after several amendments, the
Sen ile proceeded to the consideration of Exccu- i
live business. t
HOUSE OF REPRESENTATIVES.
NEW JERSEY CASK TREASURY NOTE BILL. I
In the House of Representatives, to-day, after
an unsuccessful motion to suspend the rules in
order to allow the presentation of petitions, &<•,•
from the Slates in their order, and tho reference
of them to he continued, the consideration of the t
motion pending for printing the testimony before [
the Committee of Elections on the New Jersey t
case, was resumed, and Mr. Jenifer resumed his (
remarks, and proceeded to comment with inerted j
severity on the course of the majority of the (
committee in refusing to examine all the testi- ,
mony actually in their po session, and especially (
in disregarding entirely the evidence which had t
been forwarded by the commissioned members, t
proving the unlawfulness of the voles given in a
Millville and South Amboy. Mr. Jenifer’s ex- j
position was so complete, and so conclusive of t
tho injustice of the majority of the committee,
that member after member was continually start- c
ing up to explain, or endeavor to escape from J
his charges. j
In conclusion, Mr. Jenifer noticed a charge first
made by the Globe, lull since repeated by Mr. {
Medill of Ohio, that he (Mr. J.) had occupied (
the floor for three morning hours, and prevented |
all explanation or reply from the members of the t
majority. He had pronounced this accusation ,
untrue —when made by the Globe—ami now, t
when re-aflirmed by the member from Ohio, he
would not qualify the strength of the expression, j
He never had refused to any man, of any party, ,
on opportunity to explain. He had sought ex- (
planation;—and now he wished the majority to (
reply to his charges, if they could. |
Mr. Brown of Tenn., a member of the major!- s
t.y of the Committee, then rose, and began a set |
speech in reply;—but before he had proceeded f
far, he gave way ior a motion to go to the orders ,
of the day. (
The House resolved itself into Committee of
the Whole, (Mr. Dawson of Georgia, in the
Chair,) and took up the bill reported by the Com- c
mittee of Ways and Means, authorizing the issue a
of five millions of dollars of Treasury Notes. 'J
Mr. Cushing, who was enti Jed to the floor ro»c, f
and spoke at considerable length, in continuation
of his reply to Mr. Jones, the Chairman of the (
Committee of Ways and Means. f
This speech will add to the reputation of the t
honorable member, for patient investigation, and
industrious research, for his thorough information (
of the subjects he touches, and animated and vi- ,
gorous eloquence in expounding them. |
He followed the Chairman very closely, and (
exposed with singular ability the fallacies of the i
Head of the Treasury upon which the Chairman
chiefly relied for argument.
In entering on the discussion of the measure,
Mr. Cushing expressed a sentiment, in which the
American people will coneur: his gratification
that, at last, at the end of the third month of the
session, tho House of Representatives is approach
ing the business of the nation. The discussions (
sions heretofore have been entirely beside the i
great business interests of the country. A noth- i
er sentiment, too, was expressed by the honora- .
bio member, in which all will concur —it is, as to
the party relations of the Opposition to this inca- 1
sure. In this, the fourth year of the Administra
tion, we all desire that tne Government may have ]
the supplies it needs. No man of any parly (
wishes to see the institutions of his country pros
trated for want of means to support them, (how
ever much that idea may be paraded by Benton |
and his brother destructives in the Senate, for
partisan purposes.) On the 4lh of March next, (
when a brighter Aurora shall arise of prosperity
and honor to the country, the Administration
party shall not be allowed to say that the Oppo
sition prevented the Government from executing ,
its purposes for the public welfare.
Mr. Cusmso frankly declared that he was for
giving tho appropriations asked for by the Ad- ‘
ininiseration, hut for holding them responsible fur
the estimates; and when the day of reckoning s
should arrive, he would ho d them responsible also ,
for the expenditures.
In examining tho qneslion of necessity for the 1
issue of an additional number of Treasury notes,
Mr. Cushing exposed, with great power, the
want of frankness of the Executive in notcarlier '
disclosing its needs, if they did exist, and the
inconsistency also of the President and Secretary I
of the Treasury. They stated explicitly and pro- (
cUcly that no deficit would occur, unless in two
contingencies—the failure of tho payment of tho
bank balance, and the making appropriations be- *
yond the estimates. Well, the second contin
gency has not yet happened—Congress has not (
exceeded the estimates. Has the first happened 1
If it had, still onlv SBOO,OO0 —the amount of the 1
balance—would be wanted, not five millions ! (
hut one-third of the bank balances has been paid.
Is there, then, in this any justification for a loan ,
of five millions of dollars 1 This is a pertinent |
question. ,
Admitting there is to be a deficit—that there is ]
scarcely enough money in the Treasury to pay
the Treasury notes due this month—and that ,
some remedy must be applied immediately—ihc ,
question is, do Treasury notes constitute the
best or a proper remedy I Mr. Ctshino contend- j
od that Treasury notes are bills of credit in the j
constitutional sense, and were refused place in the
Constitution. Iflhcse notes were to anticipate
a certain receipt, they might be constitutionally
issued. They would lie analogous to Treasury '
checks or drafts; hut in this case they are not ,
such. Tho resources of the Treasury are not ,
certain. The revenue will not equal the expen- -
diturc. The notes now proposed are not mere |
anticipation or representation of the suspended '
payments of the banks. They area loan , not up- ,
on existing funds or certain revenue, but a aim- ,
p!e loan, in form and substance. |
When tho Chairman of the Committee of ,
Ways and Means says he is against a loan, it is
a question of words. He is, in reality, proposing ,
to create a debt to be paid from uncertain reve- ,
nue. at an uncertain lime. Ills a loan, and, what
is worse, a fohcfii loan, for which he asks the ,
approbation of Congress. ,
On the point of expediency, Mr. Cushing j
dwelt at considerable length. He quoted the
views of Alexander Dallas, William H.
ford, and for the benefit of the friends of ,
Denton and Bentonian policy, he presented tnso (
the arguments of that Senator, and other more (
deservedly distinguished statesmen. ,
The chairman of the Ways and Means com- ,
mittee had contended for the superiority of these 1 (
notes over a common loan, He said there was no
tune to look up a loan. Ho says Government is
now in want. It is only the sum necessary to re
deam the Treasury notes of this month that is
wanted. He further says the Government would
he at the mercy of the capitalists, if a loan is
called for. But what is the operation with Treas
ury notes ? Is it more desirndle I The United
Slates Government pays in paper instead of spe
cie, to free itself from being shaved. The Go
vernment's creditor is obliged to get it shaved,
and thus the shave is shifted from the Govern
ment to the people! !
Mr. Cushing continued to address the House
until past three o’clock, and Mr. King obtained
the floor.
The committee thereupon roseand reported.
And then the House adjourned.
Correspondence of the Baltimore American.
March 18.
Mr. Brown, of Tcnn. continued his speech
this morning, in reply to Mr. Jenifer, and in de
fence of the conductor the majority of the com
mittee on Elections. Mr. B. contended that tho
Committee had done their duty strictly and im
partially. Tho committee had not examined the V
evidence before them, and had reported in favour
of the sitting members without it, but in doing
this they designed hereafter to act in favour of
the commissioned members. Mr. B. referred to
the journal of the committee, and the resolutions
adopted in the House and committee for the pur
pose of shewing that nothing wrong had been
done.
Mr. Fillmore, of N. Y. made some remarks in
correction of the statements made by Mr. Brown.
Mr. Jenifer also corrected some misunderstand
ing of Mr. B. in regard to his speech.’
Mr. Brown contended that injustice had been
done—unintentionally no doubt—to the majority
of the committee by the gentleman from Mary,
land. During the morning several interruptions
took place between members of the Committee.
All of them, however, were conducted in good
temper.
Mr. Bolts, before Mr. B. closed his remarks,
interrupted him by stating that his remarks
were full of incorrect statements. He would not
correct them now, but with the journal before
him, he hoped to have an opportunity to do so.
Unintentionally,the member had made many’mis
stalemcnts of the facts in the case, and if he had
an opportunity he could satisfy the member him
self. The debate continued until one o’clock,
when Mr. Jones, ofVa, called for the order of the
day.
TREASURY NOTE BILL.
The House then resolved ilsclfinto Committee
of the Whole, (Mr. Dawson, of Ga. in the Chair)
and took up the hill authorising tho issue of
Treasury Notes-to the amount of five millions of
dollars.
Mr. King, of Georgia, who was enlillcd’to the
floor, spoke with great ability and eloquence
against the bill, on the ground both of unconsti
tutionally and inexpediency.
Mr. Bond, of Obi i, then obtained tho floor, and
addressed the committee generally, on the finan
cial concerns of the nation, and proceeded until
half past four o’clock, when, without having con
cluded, he gave way to a motion, by Mr. Under
wood, that the committee rise.
The House then adjourned.
Eleven days Inter from England.
The Steamer British Queen, arrived at New
York on the morning of tho ISth. She left Lon
don on the 2d inst-, and Portsmouth on the 3d,
making her passage in a little over fifteen days.
We extract tho following summary of the news
hy this arrival from the Times and Commer al
Advertiser.
The Splendid Steamer, British Queen, Captain
Roberts, arrived this morning. She left London
on the 2d inst.,and Portsmouth on the 3d, making
her passage in a little over 15 days. She brings
papers, &c. to the day of sailing.
The British Ministry have fallen into the mi
nority on several occasions, and it la supposed
they will resign.
The French Ministry have resigned in conse
quence of the Chamber of Deputies refusing to
grant half million francs, annually, to the Duke
de Nemours on his marriage.
Money market at London remained much the
same as per last accounts, but on Friday, the
271 h February, (the settling day) there was a
heavy pressure.
United States Bank stock had been sold at
£ls 10. The accounts of the doings of the
Pennsylvania Legislature respecting the banks
had reached England, which produced the de
cline in the U. S. Bank slock.
The Liverpool market was nearly bare of flour;
sales at 30 6 to 31, to arrive.
The Liverpool papers of the 29th February
represent the cotton market as very h avy, with
a decline during the week £d. The sales are spid
to have reached 27,000 hales,
Agreeable News. —Tho Liverpool Albion
says:—Wc hear with very great pleasure that
the shipments of goods to foreign ports are in
creasing. The New York packet-ships have of
late sailed with fair freights. The Rescue, which
will sail to-morrow, has even been compelled to
shutout goods. To the East Indies the shipments
of manufactured goods are unusually extensive.
We hope, therefore, that these may he taken as
indications of a revived and reviving foreign ex
port trade.
From the Liverpool Chronicle, Feb. 29.
STATE OE TRADE.
Manchester, Friday Evening.—Cotton
Trade. —lt is difficult to describe correctly the
state of trade hero for low as prices were for
cloth and yarns on this day sc’nnight, spinners
and manufacture's are compelled to accept still
lower terms than on that day. and even since
Tuesday prices are a shade lower. This contin
ued drooping is evidently attributable to llie de
clining prices of cotton in Liverpool; and as im
mense arrivals are expected, pricca for this great
staple are confidently anticipated to be lower in a
month than they have been for the last four yeas;
and until it arrives al this point, a steady or exten
sive trade cannot reasonably be anticipated.
Tuesday. —Theie was no improvement what
ever in our market to-day. The demand both for
yarn and goods were exceedingly limited, and
prices continue to droop.
An extraordinary express from PaS
brings the important intelligence of the resig-
nation of the French Ministry, in consequence of
a signal delcal in the Chamber of Deputies, on
the question as the ‘-fetation” for the King’s
son. The Deputies, b/a majority of 22f> to 200,
refused even to consider the Ministerial proposi
tion. They voted against discussing “the para
- e
graphs of the bill,” The Chamber adjourned im
mediately after tho vote; and the Ministers went
directly with their resignations to the King.—
Lou s Philippe, who is paid to have been “furi
ous,” accepted the resignations, and sent for tho
Dukede Broglie. The funds fell, and Paris was
in a slate of great excitement. The vote was
considered a severe blow upon the Orleans dy
dasty.
From the Dublin Evening Mail.
Ireland. — Neither Father Matthew nor Lord
Ebrington appears to have done more to restore
the tranquility of Tipperary than either Mr. Jus
tice Moore or the Marquis of Normanby. There
are now in the county jail of Tip|>crary 498
prisoners, of whom over seventy are charged
with murder; the double calendar for this coun
ty at the assizes ( will be heavy; there being lor
trial in Clonmel, 90; in Nenagh, 87.
The district of Borrisokane is particularly dis
turbed. The magistrates have applied for an ad
ditional constabulary force. Outrages of the
most atrocious kind characterise tit s disturbance;
such as assaults in the dwelling bouses, with in
tent to do bodily harm, female abduction, riotous
assemblages to resist the landlords’ tights—udiUl
From the Liverpool Standard.
Rumoured Resignation op the Minis
ters. —We have received tho following Irom a
respectable correspondent. Wc know not what
truth there is in the statement, hut z«e induced
to give it publicity ns it corroborates i 1 a great
degree what wc printed a few days since upon-the
same subject:
“ Lord Melbourne’* administration has- at
length determined on resigning their long mis
managed trust. It is generally supposed in well
informed circles that their resignation would have
been tendered yesterday, only that there are sot#
serious difficulties at present existing, which pre
vents Lords Brougham anil Durham from enlist
ing under the banner of Lord John Russel, who*
there is no doubt, will be the new Premier, sup
ported hy perhaps ns groat an agitation for a re
peal of the corn-laws as that for reform, vshich
marked the eventful year 1831.’*
Bank ok England.— The following notice
was posted at the Bank of England on Thursday:
—“The Governor nud Company of tho Bank of
England do hereby give notice, that they are rea
dy to receive applications for loans, upon the de
posits of Bills of Exchange not having more
than six months to run. Exchequer Bills and
East India Bonds, such Loans to he repaid'on or
before the 24th April next, with interest at the
rate of 5 per cent, per annum, and to he for sums
ot not less than £2,000 each.—Bunk of England,
Feb. 27, 1840.”
From the Boston Journal of Monday.
Fire. —A fire occurcd this morning, ai about
11 o’clock, at East Cambridge, which destroyed
more prooerty than any fire in this city or vicin
ity, for along time past. It broke out in n- stable,
owned and occupied by E. 11. Winchester, and
spread so rapidly that the horses and other ani
mals in it were rescued with difficulty.
The fire soon communicated to a long two-story
wooden building on the left, occupied as a dwel
ling house hy several families,and l owned' hy. Ed
mund Munroe, and which was much burnt. On
the right of the stable stood anotlisr, whivh caught
fire, and was destroyed.
A wooden building occupied by T’. J - . Kfced as
a tavern, next caught fire, ami thorenrofit was
very much damaged. This building and rile sta
bles belonged to widow Brooks—insured. Reed’s
property was got out, much of it in.a damaged
state.
The fire is attributed to an incendiary-
The Sud-Tiieasury System,—The follow
ing "Cask,” which we copy from n Connecticut
paper, as showing the effect of the Sub-Treasury,
hard money system, and the arguments uoed by
its supporters, deserves attention, from the me
chanics and working-men of every Stale in the
Union;
A Case. —We are informed that in the city of .
Hartford there is a certain mechanic who has in
his employ something like eight or ten journey
men. The whole of theso persons were nomi
nated as delegates to the Loco Foco Young Men’s
Convention, and calculated to attend* Bat a
leader of the Loco Foco party happening at the
shop a day or two before the Convention met,
began to speak with the Items upon the subject of
wages—and as an argument to convince him that
he might to be a Loco, too, said that the effect of
carrying into full operation the Buh-Treasury
measures would he to reduce the prices ha would
have to pay to his journeymen one half—so that
where he now paid sl6 a month, he would have
to give but SB. Tins he said in an under time;
upon which the employer raised his voice so that
all his workmen might hear, repeated what the
Loco had said, and asked if that was bis belief 1
He replied. Yes, Well, said the employer, will
the price of lea, coffee, sugar, &c., he also pro
portionally reduced 1 No* says the Loco, still
in a low tone, hut flour, and meat, and other do
mestic provisions will fall considerably. Tile
employer again raised his voice, and caused the
Loco to repeat what he had said, so that all his
workmen might hear what was the doctrine pro
mulgated hy the Loco Focus. The Convention
was accordingly held, hot not ime of those work
men attended !
Wo have names for these facte—and one of
thorn bearing a strong affinity to Judge Niles. —
Litchfield Enq.
China. —Wc had yesterday an- arrivalfrom*
Canton, the ship Morea, Copt. Western. Our
news collectors inform-us that Capt. W. reports
that at the lime ofleaving Macoa, the Bth Nov.,
the trade with all nations- had been stopped by
tho Chinese. Though such information was no
doubt given to him, we; for our part, arc strongly
inclined to doubt its correctness, We have both
directly and by the way of England, intelligence
to the 7th of the same month ; therefore as late
ns he could possibly bring, by the short period of I
one day, and at that time, the English accounts
particular.y, speak of the lucrative trade carried
on under the American flag, from which they
were debarred. Indeed, it seems to have been ;
the policy of the High Commissioner Linn at
that period, to encourage the American trade,
probaldy for the purpose of quieting the discon
tent which would naturally arise at the stoppage
of all trade whatever.
The Captain also reports that a-vessel belong
ing to Macao arrived there just before ho sailed
from Hanan Island—that the Captain of that
vessel reported that att American brig had been
wrecked at that place-—that near (he wreck he
saw two children in- Chinese clothes, whom-he
took to he Americans, as they spoke English, 1
that hail been on board the wrecked brig—that !
the children pointed out tlieir father to-the Cap- ,
tain, who bad been made a slave and bad a col- j
lar on his neck.— N. 7. Courier.
Broken English- —A Frenchman having a
weakness in his chest, told his physician he felt a
bad pain in hi* portmanteaul
The Suppressed Report
Os the minority of the Committee on Elections,
on the New Jersey case; presented to the
House of Representatives of the Congress of
the United States, March in, 1840— and con
trary to all precedent, excluded from the
House, fils reception and reading being re
fused, with the previous question pending,
and all debate cut off, J by a party vole in the
negative.
The undersigned, being a minority of the
Committee on Elections, to which was referred
the New Jersey case, not concurring in the rea
soning and conclusions of the report presented to
the House by the Chairman of that committee,
in justice to themselves, and (what is of still
higher importance,) in justice to the State of Now
Je sey, and her representatives, bog leave to pre
sent to-the consideration of tho House the follow
ing report:
Wc regret very much that the report above re
ferred to, should have been presented to the
House so soon after it was adopted in committee,
as to render it wholly impracticable for us to sub
mit to the House al the same time our own views
'of the interesting and important subject before
tile committee, in the form of a counter report;
and we also regret that our lime and attention
have been so much engrossed by the proceedings
of the House or> this subject, since the principal
report was submitted by llio chairman, that wo
arc now necessarily limited to such a statement
of material facts connected with the question be
fore the House, ns is indispensable to a true un
derstanding of its merits.
When the subject was first referred to the com
mittee, the parties to the contest wore severally
notified that the committee was then ready to re
ceive a statement of such facts in writing as they
proposed to prove, together with any legal points
they might think proper to submit to sustain their
respective claims.
In pursuance of this suggestion, they made to
the committee written communications, In which
their views of llio controversy and the grounds
of their respective claims were fully developed;
and which were in substance as follows: The
commissioned members claimed the vacant seals
under and hy virtue of the commissions issued by
llio Executive of New Jersey; and insisted that
if the committee should determine 1 1 go hack of
litose commissions and to inquire into the merits
of the election, they had a majority of tho legal
votes jiolled, and also a majority of the votes law
fully certified to the Governor.
The non-commissioned claimants admitted tho
authenticity of the commissions, hut alleged that
they received the greatest number of votes polled;
that the Governor and Privy Council unlawfully
refused to count the voles from the townships of
Millville iMid South Amboy, for the reason that
they were not included in tho certificates of the
clerk of the counties of Middlesex and Cumber
land ; and that, had the votes of the townships
been counted, the result would have been a ma
jority in. their favor. That tire commissions being
thus erroneously and unlawfully issued, were
void.
The commisioned members alleged numerous
frauds and illegalities in the election; some of
which they insisted ought to set aside the polls ;
atid others, invalidate the votes; such as exclu
ding duly elected persons from officiating us
judges of election ; tho determination of electing
officers to receive alien voles, and, in fart, receiv
ing such votes, knowing that they were illegal;
disregarding all challenges of illeguUfvotes, and
permitting persons, attempting to challenge, to he
driven away by thrci ts and violence ; and fraud
ulently abstracting votes given for them, and sub
stituting others for their opponents; and rejecting
legal voles offered for them ; and admitting illegal
votes on the other side; and they also submitted
to the committee a list showing about 230 illegal
voles given and counted for the non-emnmission
ed claimants, and three or four legal votes offered
for the commissioned members and rejected.
They also allcdgcd that they expected to prove
an extensive eonspi try among the friends of
(lie opposite set of claimants, to perpetuate theso
' frauds and obtain these illegal votes; that they
had taken some evidence to establish said Let,
but had been prevented from completing the
proofs, because there was no law regulating the
mode in which the same should l he obtained, or
giving compulsory process to compel the atten
dance of witnesses; and also because the friends
of the non-commissioned claimants had porsua
dsd witnesses not to attend for examination ; and
had prevented offirers Irom taking depositions by
intimidation and threats of public prosecution for
so doing; ami they asked further time, and the
amhorny and direction of the committee to ena
ble them to compel tho taking of tber testimony.
The non-commissioned' claimants denied all
knowledge of the nlladgcd frauds and illegal
votes; hut slated that they had heard of some
alien votes having been given at Millville, and ad
mitted the fact, and also presumed that alien
votes were given in other parts of the Stale ; but
believed that there were as many on the one side
as on the other.
These statements were not completed 1 and laid
before the committee untilths 23d day of Janu
ary, and it was obvious from an examination of
them, and of llio resolution of the House refer
ring the mutter, that the committee must pursue
one oftwo courses—that I bey must either make
a-preliminary report, awarding the vacant seals to
one set of claimants until the whole eabjoct
could be investigated, and the final right deter
mined; or proceed to a full and thorough inves
tigation of the subject, an J decide upon the mer
its of the w hole ease at once.
Eight members of the committee out of nine
were in favor of submitting a preliminary report,
by wliklilhr vacant scats would have been filled ;
but they differed as to tic basis on. which that
report should be founded. We entertained the
opinion that it should he based on the legal re
turns of the only authority recogniiod by the
laws of New Jersey, as authorized to gram the
return—that being the highest pritna J'ac.e evi
! dcnce of an election that could be presented—
and which it has ever been the practice of Uon
| gress, and of all other legislative assemblies, to
treat as conelusivfc in the first instance. And,
; accordingly, one of our members submitted the
following proposition:
“ Resolved, That thiscommittee will now pro
ceed to ascertain and determine who have the re
turns according to. the GonsUiution of llie United
; States and the laws of New Jersey, and will au
thorize them to occupy the contested seals from
that State, until tho question of ultimate right can
be determined.”
Ollier gentlemen of the committee, differing
with us in opinion, thought that llie Executive
commissions should be entirely overlooked; and
that it was the duty of lha committee to proceed
at once to ascertain which parly had received a
i majority of all votes, good and bad, given at the
i polls; and were; therefore, entitled to the returns
and submitted amendments to that effect.
This view of lbs subject we dsein utterly fal
lacious; but time will not permit us to enter in
■ io the a-gument. The consequences resulting
i £ om this novel doctrine, are well illustrated by the
■“ ~* ll Ml~l 111111 '■•« 1>
Beenes of disorder and confusion which resulted'
from its application at the present leasion-acenee*
in a high degree discreditable to the House, and'
endangering the peace of the country, and which*
must greatly impair the confidence of all right
thinking people in the perpetuity of our free in
stitutions.
Upon a careful examination of the laws of New
Jersey, we ascertained that the Governor and
Privy Council were mere ministerial officer* r
charged with a specified duly, plainly set forth,
viz: to ascertain and determine which six of the
persons voted for received the greater number of
votes, according to the returns made by the clerk*
of the several counties of the State. That the
individuals who were commissioned by the Gov--
ernor of New Jersey ns the Representatives of
that State, had received the greatest number of
votes thus returned according to law, was a fact
m t disputed or denied.
I* hiding this ditfercnce of opinion, however, to
exist in the committee as to the basis of a report,-
the mover of the original proposition modified 1
the same, with the view of reaching the sense
of the committee; and merely proposed, in gen
eral terms, that a preliminary report should he
made, designating the individuals who should
occupy the vacant scats until the ultimate que*--
tion of ultimate right could be determined; thus
manifesting a disposition to have the seats filled,,
ns llie committee and the House might determine,
according to their sense of justice and propriety,
li>it,(ioin an apprehension, as we presuma, that
they could not succeed in the untenable, ground
they bad taken, (bat the report should be made
favorable to those who barely obtained a majority -
• ol all the votes, legal and illegal, given at the •
election, the modified resolution was likewise re
sisted ; and a substitute offered, which proposed
to inquire who were entitled to be returned as
members elect: evidently on the ground of good
ami bod votes; for when it was proposed to in
sert an amendment which would make the case
turn on the majority of legal votes, such amend- •
ment was strenuously resisted, and only by the
easting vote of the chairman. This resolution,
os ultimately adopted, was as follows;
“ Resolved, That this committee will now pro
ceed to ascertain which five of the ten individuals
claiming the. live vacant seats from New Jersey,.
received a majority of legal votes, and therefore
are duly elected members of the 361 h Congress
from that State, according to the Constitution of
the United States and the laws of New Jersey.”
J hus it will bo perceived that the committee
come to an early determination to investigate the
ballot boxes, and ascertain who were entitled to
the seals on the ground of having received a ma
jority of legal votes, in which decision wo acqui
esced; and, although our opinions were unchan
ged as to the propriety of the views wo bad ex
proared, we determined to make no further effort
to procure a result that, in our judgments, every
principle ofjustice demanded.
W e then proceeded to the consideration of ano
ther resolution offered by one of the gentlemen of
the majority, which, as amended and ultimately
adopted, is us follows;
“ Resolved, further, That whilst in the opin
ion of this committee, the certificates of the Ooi
ernor of New Jersey are prirna facie evidence
that those who hold them are entitled to seats,
they arc not conclusive evidence as to the ulti
mate right; and that such certificates, being con
tested, such right must depend on the majority
el legal voles given in conformity with the Con
stitution of the United Slates and tho laws of
New Jersey.”
On this resolution a division was called for, to
wit : on thefirst branch as follows;
'•Resolved, further, That whilst in the opin
ion of this committee the certificates of the Gov- -
ernor of New Jersey are prima facie evidence
that those who hold them are entitled to seats,
they aie not conclusive evidence as to the ulti
mate right,’*
And those who- home paid much attention to
the progress of this question, both in the House
and the country, will perhaps be somewhat ama
*ed to hear that this proposition, for which alone
wc had contended in the House, and the defeat of
which had caused a sovereign Stale in this Union
to- lie deprived of live-sixths of her representation
on the Hoof of Congress, and had excited the pub
lic mind in every part of the confederacy, met
with tho unanimous sanction of the committee.
Tlie resolutions, as adopted, were communica
ted to all the parlies engaged in the contest un
der the following resolution:
"Resolved, That the foreg ring resolutions bs
communicated to each of the claimants to the
vacant seals from the Slate of New Jersey, and i
that this committee will hear them at their com
mittee room on the 291 h day of January, instant,
at 10 o’clock in the forenoon, on the subject of the
measures which should be adopted to obtain the
evidence applicable to inquiry before the commit
tee.”
Accordingly, on the 20lh of January, the par
tics appeared before the committee,and there was
a likelihood that after fifteen days of time and la
bor i pent by the committee before they could I
arrive at any conclusion, wc should at once pro
ceed, in pursuance of these resolutions, to ascer
tain which of the five of the ten individuals claim
ing scats now had a majority of legal, voles, and 1
were therefore duly elected members ofCongress,
when very unexpectedly to the undersigned, the
chairman of the committee moved a reconsidera
tion of these resolutions, with a view to offer
substitutes. They were reconsidered accordingly,
again discussed, and laid on the table, and the
chairman introduced substitutes which were
amended, modified, and discussed, and were final
ly adopted, alter two days of additional labor, and i
are as follows;
“ Resolved, That the credentials of the Go
vernor of New Jersey arc prima facie evidence
that they who. hold them are entitled to seat*,
hut, being questioned on ths ground that all the
votes polled were not counted, this committee
will now proceed to inquire and ascertain who of ,
tho ten claimants for the five contested seats, re
ceived the greatest number of votes polled in
conformity with the laws of New Jersey, at the
lute election for members of Congress in that
State.
“ Resolved, That all votes received by author!- •
zed officers acting in conformity with the laws,
prima facie legal; but it being alledged, and of
fered to be sustained by evidence, that plurali- -
ties were obtained by means of illegal votes and !
frauds perpetrated on the ballot-box, this com
mittee will admit evidence as to the truth of
these allegations, and inquire who of the claim
ants received tho greatest number of legal vote* ■
in conformity with tho Constitution of tho Uni-<
ted Slates and" the laws of New Jersey, and
therefore are entitled to occupy, as members of
the 2Cth Congress, the five contested seats from i
that Stale,
"Resolved', That the adoption of the above
resolution* does not proclud) this committee from
’ refuting the facts and testimony, with its opin
ions thereon, tor the consideration of the House,.
at any stage of its proceedings ;hat it may deem,
it expedient to do so.
“ Resolved, That acopy of the foregoing res
olution* be communicated to each, of tb* cMMM