A BIBLIOGRAPHY RELATING TO THE BROAD SEAL WAR IN NEW JERSEY, 1838-40

BY RONALD L. BECKER

The Broad Seal War was the result of five of the six Whig candidates would a contested election between the Whig have been defeated. Despite this, all and Democratic Parties for the six New six Whigs received commissions of elec- Jersey seats in the U.S. House of Repre- tion on November 1, 1838 (for terms sentatives. The Congressional election beginning December 1839), to which took place on October 9-10, 1838, before were affixed the official "broad seal" of New Jersey was organized into Congres- New Jersey and signed by Governor sional districts. Thus all the seats were Pennington. chosen at large by voters from the entire Thirteen months later, on December state. The Governor (William Penning- 2, 1839, U.S. House of Representa- ton) and Privy Council had the obliga- tives met to organize. When the clerk of tion of totaling the votes received from the House reached New Jersey in the the county clerks and issuing certificates roll call, he called only the name of stamped with the "broad seal" of the Joseph Fitz Randolph and passed over state to the victors. After doing so, the the names of the other claimants. The Whig governor and his Whig-dominated Whig commission holders had expected council announced that all six incumbent trouble, but certainly not this soon. A Whig candidates were re-elected by an raging two-week debate followed, while extremely narrow margin. Only Joseph the House remained unorganized and Fitz Randolph collected significantly without a Speaker. When the debate more votes than his Democratic op- ended, the House Democratic majority ponents. (not counting the five disputed New The controversy broke out when it was Jersey seats, the Democrats held a 119- discovered that the votes from Millville 118 edge) voted to leave the five con- Township and South Amboy Township tested seats vacant. Thus New Jersey was were not included with the returns from left without 5/6 of its legal representa- Cumberland and Middlesex Counties, tion in the House, marking the first time respectively. The Cumberland County in the country's history that a state was clerk (a Whig) claimed that the Mill- not so represented. The entire matter was ville returns lacked the seal of the town- then presented to the House Committee ship clerk (a Whig) ; moreover, they on Elections, which consisted of a 5-4 appeared to have been opened and were Democratic maj ority. The committee be- incompletely made out. The Middlesex gan working on the case on January 14, clerk also cited several irregularities 1840, and dealt with the dispute for which he claimed invalidated the South several months. Meanwhile the New Jer- Amboy returns. If the Millville and sey legislature and the legislatures of South Amboy votes had been counted, other states passed resolutions for and Governor William Pennington (Special Collections, Alexander Library). Governor Pennington and his Privy Council totaled the votes and issued certificates of election to all six incumbent Whig candidates. RUTGERS UNIVERSITY LIBRARIES 37 against the actions of the House, many less are quite valuable for the study of claiming that the House had no legal this controversy. The Peter Vroom and authority to conduct business without Philomen Dickerson Papers in The New full representation from the state of New Jersey Historical Society contain sev- Jersey. eral letters relating to the case. Other im- In March 1840, the preliminary re- portant collections include the Samuel L. port and resolution to seat the five Demo- Southard and Garret D. Wall Papers in cratic claimants was accepted by the the Princeton University Library. Be- House. After this was accomplished, the cause of the volume, newspapers have not committee continued its work and, after been included in the bibliography. The interviewing hundreds of voters and Broad Seal War occupied the newspaper investigating allegations of vote fraud presses of New Jersey and other states for (the Whigs claimed that illegal votes much of the 1838-40 period. The were being cast by aliens for the Demo- researcher is referred to Wright, William cratic candidates), issued its final report C. and Stellhorn, Paul A. Directory of on July 8, 1840, which resolved that the New Jersey Newsfafers, 1765-1Ç70. five Democrats should retain their seats. Trenton, N.J.: New Jersey Historical The House concurred and thus closed Commission, 1977. The directory is the door on one of the most bitterly con- organized geographically (no direct tested elections in the young nation's chronological access for the entire state) history. but contains all newspapers published in This bibliography attempts to bring New Jersey. There has been no sys- together all published sources dealing tematic attempt to read through and in- with the Broad Seal War many of which clude legislative proceedings in states have never been cited by researchers. It other than New Jersey for this bibliog- consists of government and private pub- raphy. However, legislative reports and lications and is divided into nine sec- resolutions published separately and/or tions (summaries and contemporary ac- in Congressional sources have been in- counts, entry nos. 1-5; speeches cluded. Also lacking in the bibliography delivered in the U.S. House of Repre- are the minutes and proceedings of the sentatives but published separately, nos. Governor and Privy Council of New 6-16; major speeches published in The Jersey for 1838. They were never pub- Congressional Globe, nos. 17-41 ; con- lished for this period and unfortunately gressional reports, nos. 42-46; speeches cannot be located in the New Jersey State delivered in New Jersey, nos. 47-52; Library. It is quite probable that they a political broadside, no. 5 3 ; action in were destroyed long ago. the New Jersey State Legislature, nos. Material for the federal sources in the 54-65; action in the legislatures of other bibliography was gathered through an states, nos. 66-69; anc^ secondary ac- extensive search in The Congressional counts, nos. 70-76). Annotations are Globe; The Congressional Journal; The provided in many of the entries to help National Union Catalog; B. P. Poore's clarify their relation to the contested A Descriftive Catalogue of the Govern- election. ment Publications of the United States, The bibliography does not include September 5, i*jj4-March 4, 1881. manuscript collections, which neverthe- Washington, D.C.: Government Print- Philomen Dickerson (Special Collections, Alexander Library). Successful Democratic challenger. RUTGERS UNIVERSITY LIBRARIES 39 ing Office, 1885 ; Congressional Informa- eral miscellaneous pamphlet and broad- tion Service's U.S. Serial Set Index. side collections at both institutions. Washington, D.C.: 1975; and cataloged There is much duplication of material. and uncataloged collections of The New For instance, Governor Pennington's ad- Jersey Historical Society and Rutgers dress and accompanying documents are University Libraries. The Congressional published separately, in the minutes of Globe for 1840 (26th Congress, 1st Ses- the proceedings of the New Jersey Legis- sion) is filled with the debates and pro- lative Council and General Assembly, in ceedings of this case and must be read The Congressional Globe, in the U.S. thoroughly in order to understand the House of Representatives Committee on case's complexity. However, only the Elections report and in the reports and major speeches as published separately or resolutions of several other state legisla- in the appendix to The Congressional tures. Globe are included in the bibliography. Although the Broad Seal War is well New Jersey documents were gathered known by name to researchers of nine- through a search of the minutes and pro- teenth century American history, there ceedings of the New Jersey Legislative has been very little detailed research Council and General Assembly; New based on many of the documents listed Jersey statutes; and the collections of in this bibliography. It is hoped that Rutgers University Library and The New the task will be somewhat facilitated Jersey Historical Society including sev- with this tool in hand. Peter D. Vroom (Special Collections, Alexander Library. Successful Democratic challenger. BROAD SEAL WAR BIBLIOGRAPHY

SUMMARIES AND CONTEMPORARY ACCOUNTS

1) [Bartlett, D. W.] Abridgement of Hone's entry for July 3, 1840 the Debates of Congress, from (p. 488) suggests that the Inde- 1789 to 1856. By the Author of pendent Treasury Bill was at least "The Thirty Years' View ." New partially responsible for the attack York: D. Appleton & Company, on and unseating of the Whig i860 v. 14, pp. 21-22, 54-55, claimants from New Jersey. 89-92. 4) U.S. Congress. House of Represent- Includes a summary of the text of atives. Cases of Centested Elec- the reports of the U.S. House of tions in Congress from 1834 to Representatives Committee on Elec- 186sy Inclusive. Compiled by tions. D. W. Bartlett. (38th Congress, 2) Hinds, Asher C. Hinds' Precedents 2nd Session, Miscellaneous Docu- of the House of Representatives ment no. 57. U.S. Serial Set no. of the United States . . . Wash- 1234). ington, D.C.: Govrnment Print- Taken from Bartlett's Abridge- ing Office, 1907. ment of Debates with added nar- The best summary of the Con- rative. The summary is located pp. gressional action relating to the 19-33. "Broad Seal Case." Also issued by 5) [Webster, James] "The New Jersey U.S. Congress. House of Repre- Congressional Election," The sentatives (39th Congress, 2nd Ses- United States Magazine and sion, House Document no. 355. Democratic Review (v. 5, no. 8, U.S. Serial Set no. 5182). The June 1839, PP- 590-608). summary is found in v. 1, pp. 1020- The only summary of events 1041, Sections 791-803. leading up to the Congressional debate that followed in the Winter 3) Hone, Philip, The Diary of Philip and Spring of 1839/40. The

H oney 1828-1851. Edited with author supports the cause of the an Introduction by Allan Nevins. Democrats, and his commentary New York: Dodd, Mead & Com- is laced with criticism of New pany, 1936. Jersey's election practices.

SPEECHES IN THE U.S. HOUSE OF REPRESENTATIVES PUBLISHED SEPARATELY

6) Barnard, Daniel Dewey. Speech of Twenty-Sixth Congress, Decem- Mr. Barnard, of New York, On ber 18, 183Ç. Washington, D.C.: the Proposition to Refuse the Gales and Seaton, 1839. Oath to Five Members Returned from New Jersey: Delivered 7) Botts, John Minor. Speech of Mr. Before the Representatives of the Botts of Virginia, on the New Robert Field Stockton (Special Collections, Alexander Library). Captain Stockton, a Democrat, broke with his party and supported the Whig claimant in speeches throughout the State. RUTGERS UNIVERSITY LIBRARIES 43

Jersey Contested Election. De- 12) Randolph, Joseph Fitz. Sfeech of livered in the House of Refre- Mr. Randolfh of New Jersey on sentativesy January ç> 1840. the New Jersey Contested Elec- Washington, D.C.: Gales and tion. Delivered in the House of Seaton, 1839. Refresentativesy January 9, 1840. The imprint date is questionable. [Washington, D.C.: n.p., 1840] It is possible that Botts presented No title page on known copies. the printer an advanced copy. Randolph was the only New Jersey representative seated by the House 8) Brown, Aaron Venable. Sfeech of of Representatives. Despite the Mr. Brown, of Tennessee, on the possibility of fraud, he was clearly Resolution Reported from the one of the top six vote getters in Committee of Elections . . . the state. Connected with the New Jersey Contested Election . . . House 13) Rayner, Kenneth. Sfeech of Mr. of Representatives, March 17, Rayner, of North Carolina, on 1840. [Washington, D.C.: n.p., the Proposition to Refuse the 1840] Oath to Five Members Returned Title page lacking on known from the State of New Jersey: copies. Delivered Before the Refresentar tives of the Twenty-Sixth Con- 9) Dromgoole, George Coke. Sfeech gress y December 18, 1839- Wash- of Mr. Dromgoole of Virginia ington, D.C.: Gales and Seaton, on the New Jersey Disputed 1839. Election y in Re fly to Mr. Ser- geant of Pennsylvania. Delivered 14) Rives, Francis Everard. Sfeech of in the House of Representatives y Mr. Rivesy of Virginia, In the December i4y 1839. Washing- House of Refresentativesy Febru- ton, D.C.: Globe Office, 1840. ary 26 y 1840. [Washington, D.C.: n.p., 1840] 10) Duncan, Alexander. Sfeech of Mr. Title page lacking on only known Duncan y of Ohio y on the Subject copies. of the New Jersey Election, for Members of the Twenty-Sixth 15) Saltonstall, Leverett. Sfeech ... on Congress. Delivered in the the New Jersey Case. Deliveredy House of Refresentativesy Jan- in the House of Refresentativesy uary g, 1840. Baltimore, Md.: December 13, 1839. [Washing- Office of the Post, 1840. ton, D.C.: n.p., 1839] Title page lacking on only known 11) Jenifer, Daniel. Sfeech of Mr. copy. Jenifer, of Maryland, on the Profosition to Print the Testi- 16) Smith, Truman. New Jersey Elec- mony in Relation to the New tion. Sfeech of Mr. Smithy of Jersey Contested Election. De- Connecticut . . . Delivered in livered During the Morning the House of Refresentativesy Houry March 11, 12, 13, 14 and February 25 and 26, 1840. 17, 1840. Washington, D.C.: Washington, D.C.: Gales and Gales and Seaton, 1840. Seaton, 1840. 44 THE JOURNAL OF THE

MAJOR SPEECHES PUBLISHED IN "The Congressional Globe" APPENDIX (CGA) 17) Adams, John Quincy. "Remarks tion, January 9, 1840," CGA, on a Question of Order, Pending pp. 49-60. the Organization of the House, 25) Fisher, Charles. "Remarks on the in Reference to the New Jersey New Jersey Contested Election, Contested Election, December February 25, 1840," CGA, pp. 20, 1839," The Congressional 193-195. G lobey Containing Sketches of the Debates and Proceedings of 26) Garland, Hugh Alfred. "Statement the Twenty-Sixth Congress. in Justification of his Course of Blair and Rives, Editors. First the New Jersey Contested Elec- Session. Volume 8, A f fen dix tion, December 3, 1839," CGA, [hereafter referred to as CGA] pp. 204-206. pp. I5I-I55- Garland as Acting Clerk of the U.S. House of Representatives re- 18) Barnard, Daniel Dewey. "Re- fused to seat the five Whig claim- marks on the New Jersey Con- ants. tested Election, December 18, 27) Holmes, Isaac E. "Remarks on the 1839," CGA, pp. 41-46. New Jersey Contested Election, 19) Brown, Aaron Venable. "Remarks December 12, 1839," CGA, pp. on the New Jersey Contested 15-17. Election, March 17-19, 1840," 28) Jenifer, Daniel. "Remarks Relative CGA, pp. 377-382. to the Election of Speaker, and 20) Campbell, John. "Remarks on the the New Jersey Contested Elec- Election, December 19, J 839," New Jersey Contested Election, CGA, pp. 148-151. February 14, 1840," CGA, pp. 155-157. 29) Johnson, William Cost. "Remarks on the New Jersey Contested 21) Clifford, Nathan. "Remarks on the Election, December 19, 1839," New Jersey Contested Election, CGA, pp. 149-151. January 10-11, 1840," CGA, pp. 204-210. 30) Petrikin, David. "Remarks on the New Jersey Contested Election, 22) Colquitt, Walter S. "Remarks on March 6, 1840," CGA, pp. 243- the New Jersey Contested Elec- 244. tion, December 9, 1939," CGA, pp. 7-8. 31) Pickens, Francis W. "Remarks on the New Jersey Contested Elec- 23) Dromgoole, George Coke. "Re- tion, December 10, 1839," marks on the New Jersey Con- CGA, pp. 216-218. tested Eléction, December 14, 1839," CGA, pp. 60-65. 32) Randolph, Joseph Fitz. "Remarks on the New Jersey Contested 24) Duncan, Alexander. "Remarks on Election, January 9, 1840," the New Jersey Contested Elec- CGA, pp. 721-724. RUTGERS UNIVERSITY LIBRARIES 45

33) Rayner, Kenneth. "Remarks on the Contested Election, December New Jersey Contested Election, 13, 1839," CGA, pp. 36-39. December 18, 1839," CGA, pp. 66-70. 38) Shepard, Charles. "Remarks on the New Jersey Contested Election, 34) Rhett, R. Barnwell. "Remarks on December 18, 1839," CGA, pp. the New Jersey Contested Elec- 13-14. tion, December 12, 1839," CGA, pp. 11-13. 39) Slade, William. "Remarks on the New Jersey Contested Election, 35) . "Further remarks on the December 10, 1839," CGA, pp. New Jersey Contested Election, 32-36. December 17, 1839," CGA, pp. 93-94. 40) Starkweather, David. "Remarks 36) Rives, Francis Everard. "Remarks Relating to the New Jersey Con- on the New Jersey Contested tested Election, January 10, Election, February 26, 1840," 1840," CGA, pp. 70-71. CGA, pp. 281-285. 41) Weller, John B. "Remarks on the 37) Saltonstall, Leverett. "Remarks New Jersey Contested Election, Touching on the Election of February 26, 1840," CGA, pp. Speaker, and on the New Jersey 195-196.

CONGRESSIONAL REPORTS

42) U.S. Congress, House of Repre- mittee after the seating of the sentatives. Committee on Elec- Democrats and resulted in House tions. New Jersey Election (26th Report no. 541 (see entry no. 44). Congress, 1st Session, House Re- port no. 506, March 11, 1840. 43) U.S. Congress. House of Repre- U.S. Serial Set no. 371). sentatives. Committee on Elec- A detailed 284-page account of tions. Address and Suffressed the minutes of the deliberations of Re fort of the Minority of the the committee. Election return Committee on Elections on the evidence and statements from all New Jersey Case. Presented to the parties involved are presented. the House of Representatives, By a 5-4 vote (strictly along party March 10, 1840, together with lines) the committee decided to the Remarks of Mr. Fillmore. seat the Democrats with the high- Washington, D.C.: Madisonian est vote totals including those for Office, 1840. Millville and South Amboy. The This report was apparently never report was issued March 5, 1840 presented on the House floor. The and agreed to by the House March Whig minority on the committee 10, 1840 (again, strictly along denounced the actions of the Demo- party lines). However, the inves- crats on the floor for cutting off the tigation was continued by the com- reading of the minority report as 46 THE JOURNAL OF THE

"the first instance of this kind as mittee of Elections. Elizabeth, we believe, that has occurred in the N.J.: H. H. Hassey, 1840. government." The report and state- The Whig minority again blasted ments were signed by the Whigs the Democrats in the House and on the committee (Millard Fill- on the committee, but this time more, John M. Botts, George W. presented some evidence of vote Crabb, and Truman Smith). fraud which they claimed gave the election to the Whig claimants 44) U.S. Congress. House of Repre- despite the counting of the Mill- sentatives. Committee on Elec- ville and South Amboy votes. tions. Testimony of the Nezv Jer- sey Contested Election (26th 46) U.S. Congress. House of Repre- Congress, 1st Session, House Re- sentatives. Committee on Elec- port no. 541, May 26, 1840. tions. New Jersey Case. Answer U.S. Serial Set no. 372). to the Minority Report, July This voluminous 761-page vol- 20, 1840. [Washington, D.C.? ume côntains the testimony of over 1840] 600 New Jersey voters and the No title page on known copies. majority and minority reports of Not content to rest with their vic- the committee. The majority con- tory and let the minority report go cluded that some unregistered peo- unanswered, the Democrats on the ple (mostly aliens) voted and Committee on Elections (John adjusted the tallies accordingly. Campbell, Aaron V. Brown, Wil- However, this still left the five liam Medill, P. F. Thomas and Democratic representives (by now Francis E. Rives) issued this officially seated in the House) with rebuttal. They defend their deci- a clear victory. On July 26, 1840, sion based on the testimony of the resolution was agreed to by the several hundred voters (some are full House by a vote of 102-22. named individually) and continue Many Whig members declined to the attack on the election officials vote, intending unsuccessfully to of Millville and South Amboy, the break a quorum. Governor and Privy Council of 45) U.S. Congress. House of Repre- New Jersey and the Whig Party in sentatives. Committee on Elec- general for willfully and knowing- tions. The New Jersey Case. Re- ly suppressing the votes from whole fort of the Minority of the Com- townships.

SPEECHES DELIVERED IN NEW JERSEY 47) Armstrong, Amzi. Speech of Mr. January 23rd, 1840. Newark, Armstrong, of Essex, on the N.J.: M. S. Harrison & Co., Resolutions Against the Exclu- 1840. sion of Five Representatives of New Jersey, from the Twenty- 48) Garland, Hugh Alfred. Address of Sixth Congress. Delivered in the the Hon. Hugh A. Garland be- New Jersey Legislative Council, fore the Democratic Mass Con- RUTGERS UNIVERSITY LIBRARIES 47

vention held at New-Brunswick, Trenton, N.J.: Justice and Mills, N.J., October 8th, 1840. New 1840. Brunswick, N.J.: Lewis R. Stelle, 50) Miller, Jacob Welsh. Speech of Mr. 1840. Miller y of Morris, on the Joint Garland urges the Democrats to Resolutionsy Relative to the Ex- continue the battle against vote clusion of Representatives of fraud warning of the possibility of New Jersey from Congress, Jan- Whig governors in New Jersey and uary 23, 1840. Trenton, N.J.: other states giving credentials to Sherman & Harron, 1840. fraudulently elected claimants. He closes by declaring that "New Jer- 51) Randolph, Joseph Fitz. Address . . . sey has been selected as the Cham- to his Constituents, the People pion of Freedom." of New Jersey. New Brunswick, N.J.: n.p., 1840. 49) Haines, Daniel. Speech of Mr. "The New Jersey Question," pp. H ainesy of Sussex, on the Joint 19-21. Resolutions Relative to the Ex- clusion of the Representatives of 52) Stockton, Robert Field. Address of New Jersey from Congress. De- Captain Stockton, to the People livered in New Jersey Legislative of New Jersey. Trenton, N.J.: Councily January 23, 1840. Sherman & Harron, 1840.

POLITICAL BROADSIDE

53) Democratic Party, New Jersey. "commissioned men the people de- Jersey men y Do You Hear It? feated" before presenting the [n.p., c.Aug. 1840] party's legislative platform for the Refers to the New Jersey Whigs' election of 1840.

ACTION IN THE NEW JERSEY STATE LEGISLATURE

54) N.J. Governor. Special Message of The message was printed in the the Governor of New Jersey; minutes of the proceedings of the with Accompanying Documents y Legislative Council and General

January i4y 1840. Trenton, Assembly, in The Congressional N.J.: Phillips & Boswell, 1840. Globe and in the reports of The This message to the New Jersey U.S. House of Representatives Legislative Council and General Committee on Elections (see Assembly was accompanied by copies entries 55 and 56). of the commission issued by Gov- ernor Pennington and his Privy 55) N.J. Governor. "Governor's Mes- Council containing the seal of New sage and Accompanying Docu- Jersey, letters written by the Whig ments, January 14, 1840," Votes and Democratic claimants, and and Proceedings of the 64th names of "illegal voters" who General Assembly of the State participated in the election of 1838. of New Jersey . . . Belvidere, 14 THE JOURNAL OF THE

N.J.: Wilson & Brittain, 1840 58) N.J. Legislature. General Assembly. [hereafter referred to as NJGA "Debates and Votes, January 21, Proceedings] pp. 173-196. 1840," NJGA Proceedings, pp. 2000 copies of Pennington's mes- 219-229. sage were ordered printed by the All eight resolutions were passed General Assembly. by the General Assembly which had a Whig majority. 56) N.J. Governor. "Governor's Mes- sage and Accompanying Docu- 59) N.J. Legislature. Joint Special ments, January 14, 1840," Jour- Committee. "Report, January nal of the Proceedings of the 16, 1840," NJLC Proceedings, Legislative Council, of the State pp. 123-124. of New Jersey, Convened at The same report presented to Trenton . . . Being the First the General Assembly on the same Sitting of the Sixty-Fourth Ses- day. sion. Somerville, N.J.: S.L.B. Baldwin, 1840 [hereafter re- 60) N.J. Legislature. Legislative Coun- ferred to as NJLC Proceedings] cil, "Debates and Votes, January pp. 98-119. 17, 23, 1840," NJLC Proceed- The Legislative Council (now ings, pp. 133-154. known as the New Jersey State The Legislative Council passed Senate) went into a Court of Ap- the eight resolutions, urging strong- peals and resolved that 1000 copies ly that the Whig claimants be al- of the message be printed and that lowed to take their seats in the U.S. it be referred to a joint special com- House of Representatives. mittee to consist of five members 61) N.J. Legislature. Joint Special from the General Assembly and Committee. Minority Re fort of three from the Legislative Council. the Joint Committee of the 57) N.J. Legislature. Joint Special Legislature of Nezv Jersey, to Committee. "Report, January whom was Referred the Mes- 16, 1840," NJGA Proceedings, sage of the Governor, and the pp. 199-202. Accompanying Documents, in A vote to adopt the report Reference to the Exclusion from (which presented eight resolutions the House of Refresentatives of generally claiming that until the the Persons to Whom Certificates Whig candidates were seated, the of Election were Awarded by U.S. House of Representatives was the Governor and the Majority not legally constituted and could of his Privy Council, January therefore act on nothing) and to 24, 1840. [Trenton, N.J.: n.p., send copies of the report to the 1840] upper and lower houses and the The Democratic minority on the governors of all states for their committee called for the seating of own legislation failed. The vote on the Democratic claimants and the resolutions themselves was blasted all those in the state who tabled. abrogated their responsibilities to RUTGERS UNIVERSITY LIBRARIES 49

allow votes not to be counted and 64) U.S. Congress. House of Repre- to issue certificates on that basis. sentatives. Joint Resolutions of However, even the Democrats the Legislature of New Jersey, condemned the U.S. House of on the Subject of the Contested Representatives for denying New Election of the Representatives Jersey its right to representation of that State (26th Congress, 1st and urged the House to seat the Session, House Document no. Whigs who held credentials from 59, February 6, 1840. U.S. the Governor until the others could Serial Set no. 365). show a "better title." The same resolutions passed by 62) N.J. Laws, Statutes, etc. "Joint the General Assembly and Legis- Resolutions, passed January 23, lative Council on January 21 and 1840," Acts of the Sixty-Fourth January 23, 1840 respectively. General Assembly of the State of New Jersey . . . Trenton, 65) N.J. Governor. [Annual] Message N.J.: Sherman & Harron, 1840, of the Governor of New Jersey pp. [i37]-i38. with Accompanying Documents, The complete text of the joint October 27, 1840. Trenton, resolution as passed by the General N.J.: Phillips & Boswell, 1840. Assembly and Legislative Council. In his annual message to the 63) N.J. Governor. "Letter from Legislative Council and Assembly, R.M.T. Hunter, House of Rep- Governor Pennington called for the resentatives, Virginia to Gover- State to "vindicate her rights" taken nor Pennington, January 30, away by the U.S. House of Repre- 1840," NJGA Proceedings, pp. sentatives by refusing to seat the 271-276. commissioned members from New Hunter (Speaker of the U.S. Jersey. Pennington cites a "solemn House of Representatives) declined protest of fifty thousand of the to lay the New Jersey joint resolu- intelligent freemen of New Eng- tions before the House as asked by land recently on Bunker Hill" Governor Pennington. Hunter's let- against the House for its conduct ter as read in the Assembly on in the New Jersey election case. February 4, 1840. On February Thus the New Jersey legislature be- 5, the Democratic minority in the gan its new session on the same General Assembly attempted to have the letter printed. The resolu- note of bitterness that rang through- tion failed. out the previous one.

ACTION IN LEGISLATURES OF OTHER STATES

66) Maine. Legislature. Resolves Relat- The Maine House of Repre- ing to the Election of Members sentatives and Senate resolved to of Congress from the State of support the U.S. House of Repre- New Jersey. Augusta, Me., n.p., sentatives in excluding the Whig 1840. claimants. The resolutions state that 50 THE JOURNAL OF THE

there is no other constitutional basis 68) N.J. Legislature. General Assembly. for a claim to a seat in the U.S. "Resolutions Adopted by the Congress than election thereto by Legislature of Rhode Island in a majority of the votes of the peo- Relation to the Representation ple, not as a result of certification of New Jersey, in the 26th Con- by state functionaries. The resolu- gress of the United States, Feb- tions were passed March 18, 1840 ruary 6, 1840," NJGA Proceed- and signed by Governor John Fair- ings , pp. 299-301. field, March 30, 1840. This resolution is similar to that passed by the Massachusetts Legis- 67) Massachusetts. Legislature. Joint lature protesting the actions of the Special Committee. Resolves Re- U.S. House of Representatives in lating to the Exclusion of the refusing to seat the New Jersey New Jersey Representatives claimants. (Senate Report no. 33, February 10, 1840). [Boston, Mass.] 69) U.S. Congress. House of Repre- n.p., 1840. sentatives. Resolutions of the The report consists of the New Legislature of the State of Ver- Jersey legislature's resolutions ; a mont on the Subject of the New report of the Joint Special Com- Jersey E lection, October 29, mittee of the Massachusetts Legis- 1840 (26th Congress, 2nd Ses- lature claiming that the State of sion, House Document no. 100, New Jersey has been denied her February 11, 1841. U.S. Serial constitutional rights by the U.S. Set no. 384). House of Representatives; and six Again the House is condemned resolutions urging the House to seat for not seating the original New the New Jersey representatives. Jersey claimants.

SECONDARY ACCOUNTS

70) Bayard, Samuel J. A Sketch in the The Broad Seal War is sum- Life of Com. Robert F. Stockton marized, pp. 234-238. . . . New York: Dirby & Jackson, 72) Fallow, Walter Robert, Jr. The 1856, p. 77. A Democrat, Stockton originally Rise of the Whig Party in New supported his party's view of the Jersey (Ph.D. dissertation, outcome of the election, but could Princeton University). Prince- not tolerate the treatment of his ton, N.J.: Princeton University, State by the U.S. House of Repre- 1966, pp. 333-335, 371-377- sentatives. 73) Fogarty, Catherine. The New Jer- sey Contested Election of 1838. 71) Chute, William J. "The New Jer- [Rutherford, N.J.: 1977] sey Whig Campaign of 1840," Unpublished typescript. New Jersey History (v. 77, no. 4, October 1959, pp. [223]- 74) Lee, Francis Bazley. New Jersey 239) • as a Colony and as a State. New RUTGERS UNIVERSITY LIBRARIES 51

York: Publishing Society of New 76) McCormick, Richard P. The His- Jersey, 1902, v. 3, pp. 329-333. tory of Voting in New Jersey:

75) Levine, Peter D. The Behavior of a Study of the Development of State Legislative Parties in the Election Machinery, 1664-1911. Jacksonian Era: New Jersey, New Brunswick, N.J.: Rutgers 1829-1844. Rutherford, N.J.: University Press, 1953, pp. 118- Fairleigh Dickinson University 119. Press, 1977, pp. 215-216.