The Broad Seal War: New Jersey's contested congressional election of 1838

In the October 1838 congressional elections, the New Jersey Governor and his Privy Council (the equivalent to a modern cabinet) had the obligation of totaling the votes received from the county clerks and issuing certificates stamped with the “broad seal” of the State to the victors, who in turn would submit them to the U.S. House of Representatives or the Senate. New Jersey’s six House seats were on the ballot in the election of 1838. Since New Jersey did not have congressional districts at the time, all of the House seats were elected at-large by all State voters. Governor William Pennington (a member of the Whig Party at the time) announced that all six incumbent Whig Party candidates were re-elected by an extremely narrow margin and issued certificates to them to deliver to the House of Representatives. Only one of the candidates (Joseph Fitz Randolph) collected significantly more votes than his Democratic opponents. After major irregularities were discovered in South Amboy and Salem, the Democratic Party not only contested the election, but sent their candidates to Washington to take their seats in the House. After much wrangling, it was decided that only Fitz Randolph would be seated and that New Jersey would lose 5/6th of its representation for the term. Given the political division within the House (the Democrats held an extremely narrow margin), this not only greatly diminished New Jersey’s representation but effectively enabled the Democrats to hold on to their now tainted majority. Ultimately, the Congressional committee led by former President and now Congressman John Quincy Adams tasked with investigating New Jersey's disputed election determined that the Democratic candidates were the actual winners and seated all five. However, the session was nearly completed, and New Jersey could not play a role in the House in determining the nation’s course. You can read more about the Broad Seal War in New Jersey.

Joseph Lauber. William Pennington. 1911. Collection of the U.S. House of Representatives.

1911

Ronald Becker

William Pennington (May 4, 1796 - February 16, 1862) served as Governor of New Jersey from 1837 to 1843 as a member of the Whig Party. It was his certification of the victory of the Whig candidates for the U.S. House of Representatives by affixing the “broad seal” of the State. Even though the validity of their victory was doubtful due to irregularities in the voting in two districts, it ignited the Broad Seal War and cost New Jersey of 5/6th of its deserved representation in the House.