Broad Seal War

Following the close elections of 1838, two contested contingents of the six New Jersey representatives-elect arrived at the House of Representatives on the opening day of the 26th United States Congress, requesting to be seated as members.

On the face of the initial returns, the Democratic Party candidates received an average majority of about 100 votes out of roughly 57,000 cast, although Whig representative Joseph Fitz Randolph was re-elected by a safe margin.

[1] However, the Middlesex County clerk refused to count the votes of South Amboy, where the Democratic majority was 252, on the basis that the city's result had not been certified by an election inspector.

[1][2] Garland's decision to rule the seats vacant was controversial as a matter of constitutional interpretation, given that the Clerk's traditional role was not to resolve election disputes but merely to determine and announce the initial membership of the House.

Robert Barnwell Rhett of South Carolina moved that Garland complete the remainder of the roll call, and the motion was passed unanimously.

Hunter, a moderate Whig from Virginia who supported states' rights and the controversial Independent Treasury bill before the House, was elected a compromise between the two factions.

The Broad Seal War is considered a reversal of the parties on matters of constitutional interpretation; the loose constructionist and federalist Whigs held that the state decision was binding on the House until reversed, while the Democratic majority abandoned their strict constructionism to hold that the state government's action was null in this case, arguing that all power to resolve disputes rested with the House.