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Let him be fettered by no duty-sat
I've heard you now
MarquiS. Would it—and truiy ?
KING, (lost in wonder.)
I have never seen
And, Sire-your subjects ?
Only yourself-great King-may I confess it!
KING, (with mild earnestness.)
Nay-leave me as I am,
This pride I cannot suffer,
I MET THEE AND THY BROW WAS CALM.
“ A thing of beauty is a joy forever.”
As coldly thou did'st pass me by,
And keep the crimson of thy cheek;
While 1-Oh God! I could not speak;
And beauty so severely bright,
Amid the visions of the night.
Since life is but thy voice to hear,
And feel thy holy presence near-
THE NEW JERSEY CONGRESSIONAL ELECTION.
The last year has witnessed events, which are destined to an enduring but dark celebrity in our annals as a free people. The bold attempt made by the federal leaders in Pennsylvania “ to treat an election as though they had not been defeated," is one; the equally daring, but more successful, violation of the right of popular suffrage in New Jersey, is another.
When the tempest of partisan strise shall have subsided—when sober reason and cool reflection regain their wonted ascendency over the minds of men—when the struggle for political power shall have passed with those who originated, and who hoped to profit by it, and these events are viewed through the medium of intervening years, men will gaze with astonishment upon the spectacle of folly and wickedness which they present, and the historian will chronicle them among the sad records of human infirmity, where faction, for the purpose of the hour, has so often assumed the tremendous responsibility of perilling or defeating the fairest experiments of human liberty. The actors in each successive scene niay have their future apologists. Arnold and Burr have theirs. But while the fires of liberty shall continue to burn bright on our political altars, and in the hearts of our people, they will not be forgotten or forgiven.
The conspirators in Pennsylvania and New Jersey seem to have been actuated by one common impulse. They sought the sa
same object, the perpetuation of their power, and they pursued it by similar means. They made their returning officers the instruments for suppressing the voice of the people, and reversing the decisions of the ballot-boxes. The difference in the result was a consequence of the fact, that in Pennsylvania the ballot-boxes sent a majority of Democrats to the popular branch of the Legislature ; while, in New Jersey, a majority of Federalists were returned to both branches. In Pennsylvania the people had a constitutional rallying point in their House of Representatives; they gathered round it, and concentrating there the thunder of popular opinion, beat back the assailants of freedom, with an energy as firm as it was triumphant. But in New Jersey all the sources of constitutional authority had fallen into the hands of the Federalists. They had the Legislature, the Executive, the Judiciary- there was no point upon which the people could rally recognized by law. Submission 10 fraud, or a revolutionary movement, were the only alternatives presented. And a liberty-loving people, who would have shed the last drop of their blood to preserve pure and inviolate the institustrated, reasoned ; and were spurned ; treated with contumely, and defrauded of their rights. They submitted, but have taken their appeal to the unerring principles of justice, that have so often rescued and redeemed the cause of democracy.
We propose, while the New Jersey case is yet fresh in the public mind, briefly to present the facts connected with it, and review its leading features. Its perfect novelty, without precedent or paralJel; its deep and practical bearing upon the life and spirit of our political system; its peculiar connection with the great and fundamental tenet of our creed, that the majority must govern, all conspire to magnify its importance, and awaken to it a deep and pervading interest.
It is a case of great simplicity, embracing but few facts, and none that are disputed.
By the laws of New Jersey the election for members of Congress and the State Legislature is held at the same time, except when electors of President and Vice President are to be chosen. The time is the second Tuesday of October and the day following. The election is by ballot, and all the candidates voted for are put on the same ballot. One poll is held in each township. The assessor and collector of the township, with a judge of election, chosen for the purpose at the annual town meeting, preside at, and act as judges and inspectors of, election, and the clerk of the township officiates as clerk. The time of opening and closing the polls is uniform, and fixed by statute.
The candidates for Congress are nominated in the several coun. ties on the first Monday in September; the clerks transmit the nominations to the Governor, who prepares and transmits a true list of all the names nominated to the clerk of each county in the State ; the county clerk forwards a copy to each township-clerk in his county, who puts copies up for public information; and the election is made exclusively from the persons so nominated.
After the poll is closed it is the duty of the judge and inspectors, together with the clerk of the election, to proceed without delay.
“To take an account of, and cast up the votes given in each for candidate, make a list of the same, which list they shall sign, certify, seal up, direct, and transmit to the Clerk of ihre county, who shall attend at the court-house of the county on the Saturday next after the day of election, for the purpose of receiving the saine, which list shall be delivered to him before five o'clock in the afternoon of said day, which said Clerk shall proceed, in a public manner, to make one general list of all the candidates voted for as aforesaid, together with the number of votes received for each of them, and shall transmit the same, at the expense of the State, to the Governor or person administering the government, within seven days thereafter, having first caused a duplicate thereof to be filed in his office, together with the Lists from the said townships."
The Governor is directed: "If the certified lists of votes given for representatives in Congress shall not be received from the Clerks of any of the counties of the State by him within seven days after the time prescribed by law for casting up the same, &c., by the Clerks as aforesaid, forth with to send express to the Clerk of the county or counties from which such certified lists have not been received, and to procure the same at the expense of the State."
The Governor is also directed : * Within five days after receiving the said lists, to lay the same before a privy council to be by him summoned for that purpose, and, after casting up the whole number of votes from the several counties, for each candidate, the said Governor and privy council shall determine the six persons who have the greatest number of votes from the whole State, for representatives in Congress of the United States from this State," and forth with commission them, &c.
This is, substantially, the whole law of the case, and so far as it relates to the question in controversy, we have given it verbatim from the statute book.
Now to the facts. The election for Representatives in the twenty-sixth Congress of the United States was held in New Jersey on the ninth and tenth days of October, 1838. Among others, the names of Philemon Dickerson, Peter D. Vroom, Daniel B. Ryall, William R. Cooper, Joseph Kille, Manning Force, Joseph F. Randolph, John B. Aycrigg, John P. B. Maxwell, William Halstead, Charles C. Stratton, and Thomas Jones Yorke, were regularly nominated according to law. The nominations were duly forwarded to the Governor; the general list required by the statute was made by him, and sent to, and received by the Clerks of, the several counties, and by them transmitted to the township-clerks in their respective counties, who published them according to law. These facts are undisputed and undisputable.
On the day fixed by law the polls in every township in the State were opened in due form, at the hour prescribed by the statute, and by the proper officer, lawfully appointed by the people, and continued
open for the legal period of time. These facts are undenied.
The judges and inspectors at every roll throughout the State acted honestly, fairly, and conscientiously, as far as appears. No freeman who was believed to be entitled to a vote was any where denied it; and no one believed to be not entitled was any where admitted. So far as the case now before us is concerned, these facts are unquestioned. The idea of hunting up illegal votes to patch up their case, is an afterthought of the federal candidates, and betrays most unguardedly their own utter distrust of the position taken by the Governor and council.
We say, then, thus far the facts are undenied and undeniable ; the whole case thus far is free from difficulty.
The law has been complied with; the officers of election have done their duty; the people have exercised their constitutional 'right of suffrage. The election has been held; the votes of the freemen of New Jersey have been deposited in the ballot-boxes, and all that remains is to ascertain the result.
Let us pause a moment, and view the question from this position. Truth is as simple as the light; it is only in the mazes of error that the perception becomes confused, indistinct, and dubious.
The people of New Jersey had now exercised the most sacred