UNE 30, 1834.] Boston Memorial.—Indian Intercourse.— Deposite Banks, &c. [SENATE. The Senate were busily engaged throughout the whole of Alabama, King of Georgia, Robinson, Shepley, Tallay, in acting upon and passing a great number of bills; madge, Tipton, White, Wright.-12. nd, at 11 o'clock P. M., proceeded to the consideration So the resolution was agreed to. f Executive business, and after remaining some time herein, Adjourned until 9 o'clock Monday morning. MONDAY, JUNE 30. BOSTON MEMORIAL. The Senate assembled at 9 o'clock. Mr. WEBSTER said that he would now discharge the ist of his duties with regard to memorials connected with e removal of the deposites. It would be recollected at, in the spring, a memorial, professing to be the meorial of the citizens of Boston, and to be signed by bout six thousand names, in support of and friendly to he action of the administration in the removal of the de osites, was referred to the Committee on Finance for exmination. The memorial was printed, and compared ith a list of the electors, and the memorial was found to ontain eleven hundred and thirty real signatures, instead f three thousand and sixty, as it purported to be. Among the names were found repetitions; the names of he dead, as well as of the living, were found inscribed pon it. Mr. W. moved that the report be printed and laid upon the table. It was so ordered. On motions of the various Chairmen, the several comnittees were discharged from subjects committed to them remaining to be acted upon. INDIAN INTERCOURSE. The Senate then proceeded to consider the bill to regala te Indian intercourse. The amendments reported by the Committee on Indian Afairs were agreed to. Dr. FRELINGHUYSEN moved a further amendment, providing that the repeal of former laws by this bill should not affect the rights of the Indians on the Mississippi; which was agreed to. The amendments were then ordered to be engrossed, and the bill to be read a third time; and the bill was then read a third time and passed. Subsequently, on motion of Mr. FRELINGHUYSEN, this bill was reconsidered, for the purpose of making an armendment concerning the superintendency of Indian affairs at St. Louis. The amendment was agreed to, and the bill was read a third time and passed. ordered. Mr. KING, of Alabama, objected to the instruction, and asked for further explanations to show its necessity. Mr. SOUTHARD replied, that the public treasure was in danger; and if there was any object which could require the attention of a committee during the recess, it was this. The Committee on Finance had been instructed to obtain information, and had not yet been able to gain it for want of time. It was to enable the committee to act at all, that this proposition was made. Mr. KING made some further remarks in reply. NAYS.-Messrs. Grundy, Hendricks, Hill, Kane, King IMPROVEMENT OF THE HUDSON RIVER. On motion of Mr. WRIGHT, the Senate proceeded to consider the bill from the House of Representatives, appropriating $70,000 for the improvement of the navigation of the Hudson river below Albany. Mr. WEBSTER asked for the yeas and nays on the question of ordering the bill to a third reading-which were ordered. Mr. CALHOUN said a few words as to the impropriety of making an appropriation so wide in its latitude. Mr. CLAY said he had designed to make an amendment to embrace the obstructions in the river between Albany and Troy, but if the Senators from New York would give a pledge that the money should be equally expended above and below Albany, he would not press his amendment. Mr. WRIGHT and Mr. TALLMADGE stated their readiness to have the money equally expended. Mr. SMITH moved to amend the bill by introducing an appropriation for the Connecticut river, and accompanied his motion with some remarks in explanation. Mr. WEBSTER expressed himself in favor of the object, but was opposed to pressing the amendment now, as it would hazard the present bill, since the amendment must be sent to the House for concurrence. Mr. TOMLINSON advocated the amendment, and stated that the appropriation had been made in a bill which was vetoed by the President, and that the object was im portant and ought to receive the sanction of Congress. Mr. CALHOUN opposed the bill, objecting to the hasty passage of such a bill at this period of the session, when it required the utmost deliberation, and moved to lay the bill on the table. The yeas and nays were ordered on this question, which was decided as follows: YEAS.-Messrs. Benton, Bibb, Black, Calhoun, Grundy, Hill, King of Georgia, Leigh, Linn, Mangum, Moore, Preston, Shepley, Tyler, White.-15. NAYS.-Messrs. Clay, Ewing, Frelinghuysen, Hendricks, Kane, Knight, Naudain, Poindexter, Robbins, Robinson, Silsbee, Smith, Southard, Tallmadge, Tipton, Tomlinson, Waggaman, Webster, Wright.-19. So the motion to lay the bill upon the table was negatived. The question was then taken on the amendment moved by Mr. SMITH, and the amendment was negatived. Mr. TOMLINSON moved to amend the bill, by introof the river Thames; which was negatived. ducing an appropriation of $25,000 for the improvement the bill, and decided as follows: The question was then taken on the engrossment of YEAS.-Messrs. Clay, Ewing, Frelinghuysen, Grundy, Hendricks, Kane, Knight, Naudain, Poindexter, Robbins, Robinson, Silsbee, Smith, Southard, Sprague, Tallmadge, Tipton, Tomlinson, Waggaman, Webster, Wilkins, Wright.-22. NAYS.-Messrs. Bibb, Black, Calhoun, Hill, King of Alabama, King of Georgia, Leigh, Linn, Mangum, Moore, Preston, Shepley, Tyler, White.-14. The bill was then read a third time and passed. On motion of Mr. TYLER, the Senate took up the bill appropriating 500,000 acres of land for the satisfaction of land warrants of the officers and soldiers of the Virginia continental line. Mr. TIPTON moved some amendments, the object of which was to substitute money for scrip, at the rate of one dollar an acre. After some discussion, in which Mr.CLAY, Mr. LEIGH, SENATE.] Virginia Land Warrants.-Deposite Bill. Mr. FRELINGHUYSEN, Mr. TYLER, Mr. PRESTON,| Mr. HENDRICKS, Mr. BIBB, Mr. KNIGHT, and Mr. CALHOUN, took part- Mr. HENDRICKS moved to lay the bill on the table, and called for the yeas and nays; which were ordered. The question was then taken, and decided as follows: YEAS.-Messrs. Black, Clay, Ewing, Frelinghuysen, Hendricks, Hill, King of Alabama, King of Georgia, Knight, Naudain, Porter, Robbins, Shepley, Silsbee, Smith, Sprague, Tallmadge, Tipton, fomlinson.--19. NAYS.-Messrs. Benton, Bibb, Calhoun, Grundy, Kane, Kent, Leigh, Linn, Mangum, Moore, Poindexter, Preston, Robinson, Tyler, White.-- 15. So the bill was ordered to lie on the table. The House having insisted on their amendment to the bill granting a township of land to the exiled Poles, the Senate receded from their disagreement--it being intimated that the Poles were willing to take the bill on the terms stipulated by the House, (paying the minimum price, &c.) The Senate asked a conference with the House on the disagreeing vote on the Potomac bridge bill, and Messrs. CHAMBERS, TOMLINSON, and KING of Geo., were appointed a committee. [Subsequently, Mr. CHAMBERS reported a recommendation that the Senate recede from their amendment, striking out the second section of the bill, and adhere to their amendment striking out the third section; and the report was agreed to.] The House having non-concurred in the amendment of the Senate to the bill to regulate the Indian intercourse, which provides that the provisions of the intercourse bill of 1802 shall not be interfered with as regards the Indians east of the Mississippi, Mr. FRELINGHUYSEN moved that the Senate insist on their amendment. The motion was agreed to. Mr. SILSBEE, from the Committee on Commerce, reported the bill making appropriations for the constructing of light-houses, &c., with sundry amendments. Mr. S. stated that thirty-two items had been stricken out, amounting to $141,694, being nearly one-half of the original amount. Mr. CALHOUN repeated his wish that, at the next session, the light-house system would be transferred to the Navy Commissioners. The amendments were then ordered to be engrossed, and the bill was passed. The bill was then passed. [JUNE 30, 1834. The question being on an amendment moved by Mr. WRIGHT, the yeas and nays were called for by Mr. W. and ordered. After some remarks from Mr. WRIGHT and Mr.CLAY, the question was taken, and decided as follows: YEAS.-Messrs. Benton, Black, Grundy, Hendricks, Hill, Kane, King of Alabama, King of Georgia, Line, Robinson, Shepley, Tallmadge, Tipton, White, Wright -15. NAYS.-Messrs. Bibb, Calhoun, Chambers, Clay, Ev ing, Frelinghuysen, Kent, Knight, Mangum, Moore, Poindexter, Porter, Silsbee, Smith, Southard, Sprague, Tomlinson, Waggaman, Webster.-19. So the resolution was agreed to. A resolution presented by Mr. MOORE a few days ag", and ordered to be laid on the table, was then taken Mr. M. said it would be recollected that, at the com mencement of the session, he called for information from the War Department, in relation to the disposition of t funds for the removal of the Indians. This call be: proved to be of too extensive a nature to be executed this session. A portion of the information called for ha however, been procured; and the object of the preset resolution was to have that portion printed, during the recess, for the benefit of the public; and in order that & might be ready for Congress at their next sitting. The resolution was agreed to. Mr. BENTON submitted a resolution that the resal tion of the Senate of Tuesday, the 20th of March last, that the President of the United States, in ordering removal of the deposites from the Bank of the Uriel States, had assigned a power not granted by the law the constitution, but in derogation of them both, is a reso lution imputing impeachable matter to the President, s ought not to be passed except in the regular form of costitutional impeachment, and ought to be struck out of the Journals. Mr. CLAY said, it ought to be remembered the te and circumstances under which that resolution was offer ed, when the Senate was within a few hours of its journment, and when one-third of the members had al ready left town. He looked upon it as an improper te to introduce a resolution of that nature. The motion was opposed by Messrs. CLAY, CALHOUN, and WEBSTER; and on the question being taken by yeas and nays, negatived-yeas 11, nays 20. [Much other business was transacted, and a great num ber of bills finally disposed of by the Senate to-day, sides those noticed above.] M Mr. GRUNDY, from the committee appointed to on the President of the United States, reported that committee had discharged that duty, and that the Pres ident stated that he had no further communications make to the present Congress. The President had s ed all the bills but that for the improvement of the Wa bash river, which had been presented to him at so late a period that he had not time to examine it; but, as the subject of the bill was interesting to many, he would it within the time allowed by the constitution, if, examination, he should feel himself justified in so doing if not, he would use his privilege. Mr. CLAY observed, that the bill was dead after the adjournment, and that the bill for the improvement of te Hudson river went along with it. The resolution offered some days since by Mr. PRES- Mr. GRUNDY said, as to that he had nothing to say. TON, relative to the mode of printing the pension inform- but he did not expect a dispute. The President ha ation called for by him, was taken up and negatived--right to exert his privilege. yeas 12, nays 15. Mr. TIPTON said, the bill for the improvement of [The above resolution was afterwards reconsidered and Wabash was sent in on Saturday, and that for the adopted.] provement of the Hudson to-day. The two Houses having exchanged the usual The resolution giving the Committee on Public Lands authority to issue commissions to take testimony during sages, the recess, was taken up for consideration--yeas 18, nays11.I The Senate adjourned sine die, at 45 minutes past s DEBATES IN THE HOUSE OF REPRESENTATIVES. ISLAND.-Tristam Burges, Dutee J. CONNECTICUT.-Jabez W. Huntington, William W. Ellsworth, Noyes Barber, Samuel A. Foot, Ebenezer Young, Samuel Tweedy-6. VERMONT.-Hiland Hall, Horace Everett, Heman Allen, William Slade, Benjamin F. Deming-5. NORTH CAROLINA.-Micajah T. Hawkins, Thomas H. Hall, William B. Shepard, Jesse Speight, James McKay, Abraham Rencher, Daniel L. Barringer, Edmund Deberry, Lewis Williams, Augustine H. Shepperd, Henry W. Connor, Jesse A. Bynum, James Graham-13. SOUTH CAROLINA.-James Blair, George McDuffie, Thomas D. Singleton, William K. Clowney, Henry L. Pinckney, William J. Grayson, Warren R. Davis, John M. Felder, John K. Griffin-9. GEORGIA.--James M. Wayne, Richard H. Wilde, George R. Gilmer, Augustine S. Clayton, Thomas F. Foster, Roger L. Gamble, Seaborn Jones, William Schley, John Coffee--9. KENTUCKY.--Chilton Allan, Thomas A. Marshall, Amos Davis, Richard M. Johnson, Thomas Chilton, Robert P. Letcher, Thomas P. Moore,* Benjamin Hardin, Chittenden Lyon, Martin Beaty, James Love, Christopher Tompkins, Patrick H. Pope, Albert G. Hawes-14. TENNESSEE.-John Bell, Cave Johnson, James K. Polk, David W. Dickinson, Balie Peyton, John Blair, Samuel Bunch, Luke Lea, James Standefer, David CrockNEW YORK.-Abel Huntington, Isaac B. Van Houten, Churchill C. Cambreleng, Campbell P. White, Cor-ett, John B. Forester, William M. Inge, William C. Dunlap--13. nehus W. Lawrence, Dudley Selden, Aaron Ward, Abraham Bockee, John W. Brown, Charles Bodle, John Adams, Aaron Vanderpoel, Job Pierson, Gerrit Y. Lansing, John Cramer, Henry C. Martindale, Reuben Whallon, Ransom H. Gillet, Charles McVean, Abijah Mann, Jr., Samuel Beardsley, Joel Turrill, Daniel Wardwell, Sherman Page, Noadiah Johnson, Henry Mitchell, Nicoll Halsey, Samuel G. Hathaway, William Taylor, William K. Fuller, Rowland Day, Samuel Clark, John Dickson, Edward Howell, Frederick Whittlesey, George W. Lay, Philo C. Fuller, Abner Hazeltine, Millard Fillmore, Gideon Hard-40. NEW JERSEY.-Philemon Dickerson, Samuel Fowler, James Parker, Ferdinand S. Schenck, William N. Shinn, Thomas Lee-6. PENNSYLVANIA.-Horace Binney, James Harper, John G. Watmough, William Hiester, William Darling ton, David Potts, Jr., William Clark, Harmar Denny, George Chambers, Thomas M. T. McKennan, John Banks, Andrew Stewart, Charles A. Barnitz, George Burd, Jesse Miller, Joseph B. Anthony, Henry A. Muhlenberg, Joel K. Mann, Robert Ramsay, David B. Wagener, Henry King, Andrew Beaumont, John Laporte, Joseph Henderson, John Galbraith, Samuel S. Harrison, Richard Coulter, Joel B. Sutherland-28. DELAWARE.-John J. Milligan-1. MARYLAND.-James P. Heath, James Turner, John T. Stoddert, Isaac McKim, Richard B. Carmichael, Francis Thomas, William C. Johnson, Littleton P. Dennis-8. VIRGINIA. --John M. Patton, John Y. Mason, William F. Gordon, Thomas T. Bouldin, William S. Archer, Na thaniel H. Claiborne, Joseph W. Chinn, Charles F. Mercer, Edward Lucas, Samuel McDowell Moore, Andrew Stevenson, Thomas Davenport, John J. Allen, George Loyal, James H. Gholson, Edgar C. Wilson, James M. . Beale, William P. Taylor, John H. Fulton, William McComas, Henry A. Wise-21. VOL. X.-134 OHIO.--Robert T. Lytle, Taylor Webster, William Allen, Jeremiah McLene, Thomas L. Hamer, John Chaney, Robert Mitchell, John Thomson, Benjamin Jones, William Patterson, Humphrey II. Leavitt, David Spangler, James M. Bell, Elisha Whittlesey, Thomas Corwin, Joseph Vance, Samuel F. Vinton, Jonathan Sloane, Joseph H. Crane--19. LOUISIANA.-Philemon Thomas, Henry A. Bullard, Edward D. White-3. INDIANA.--Amos Lane, Jonathan McCarty, John MISSISSIPPI.--Henry Cage, Franklin E. Plummer--2. Slade-3. ALABAMA.--Clement C. Clay, Dixon H. Lewis, John Murphy, Samuel W. Mardis, John McKinley--5. MISSOURI.--William H. ́Ashley, John Bull-2. DELEGATES. MICHIGAN.--Lucius Lyon. MONDAY, DECEMBER 2, 1833. At 12 o'clock, M., the House came to order, at the invitation of their late Clerk, M. St. CLAIR CLARKE, Esq., who then proceeded to call the roll of members by States, beginning with the State of Maine. The calling of the roll having proceeded as far as to the State of Kentucky, before the names of the members from that State were called, Mr. ALLAN, of Kentucky, rose, and asked permission to address the House. He observed that, by the In the two cases marked thus, *, in the above list, the scat was elaimed by both the gentlemen named. H. OF R.] Organization of the House. [Dic. 2, 1833. law passed at the last Congress apportioning the num-the individual whose name had been inserted on the ber of representatives among the several States, the State roll, should produce and exhibit his credentials, that the of Kentucky had been declared entitled to thirteen repre- House might be in circumstances of judging of the vald sentatives in the present Congress; but that, in casting ity of his claim. From the earliest period of our com his eyes around the Hall, he recognised fourteen gentle-gressional history, this had been the us ge, and no new men ostensibly claiming to be representatives of the member was sworn in until his credentials had first beca State, and members of this House. The State, he said, produced and examined. Of late, a different course la was divided by law into thirteen districts, from each of been pursued, probably to avoid delay; but, in the pres which one member was directed to be chosen to repre-ent instance, there was an obvious propriety that the sent her interests in this body. From one of these dis-original usage should, in this case, be revived. Mr. W tricts, the fifth, consisting of the counties of Mercer, Gar- said, that with one of the claimants he had no personal rard, Lincoln, Jessamine, and Anderson, there were two acquaintance, with the other he had, and cherished much gentlemen present, both claiming a right to appear on this regard for him, and he did not wish that his rights shot), floor. From the circumstances of the case, it was obvious be compromited on this occasion. He felt his present that the question of their right to a seat must be decided course to be a solemn duty--it sprang from his heart, in the present stage of the proceedings. The question he was imperatively bound to stop, if possible, a course arising from these conflicting claims, was one deeply in- of proceedings by which the right of any member clar teresting, not only to their own immediate districts, but to ing a seat on that floor might be contested in the mos the State at large; so much so, that the delegates from the irregular manner. As yet, he believed a majority of the State had met together, and had deemed it their duty to names on the roll had not been called, and until that la take the novel case presented, under their most serious been done, and gentlemen had answered, although it consideration. They had, accordingly, examined the elec- saw them on the floor and in those seats, he could st toral law of Kentucky, and the returns from the district recognise them as members of the House of Represen in question, and had concluded (very contrary to his own atives; nor, indeed, could he do so after they had answer wishes) to appoint him as their organ to raise the ques-ed, until they had been sworn into office, as prescribed tion, involved by the circumstances of these claims, before by the constitution. He submitted it to the judgment of that body. gentlemen present, whether the old mode of calling fu the credentials of claiming members was not the fit mode of settling this affair. He rose, as must be obvious, under circumstances peculiarly embarrassing, to address, at this early moment, a new Congress, with a majority of whose members he was personally unacquainted. But the duty was imposed upon him, and although, if left to consult his own feelings, he should much rather have occupied his seat, and given a silent vote, he did not feel at liberty to decline its perform ance. The duty was the more painful, because the ques-roll should first be produced. tion to be raised related to two individuals, with both of whom he was personally acquainted, and in habits of the most friendly intercourse. He could assure both the gentlemen, however, that he should endeavor to perform the unwelcome task assigned him, in the manner most respectful to their feelings. Mr. ALLAN inquired whether he was to underg the gentleman from Georgia as objecting to the radi of the papers in the hands of the Clerk? Mr. WAYNE answered in the negative; but said that he wished the credentials of the gentleman entered on the In order to enable the House to decide the controversy between these claimants, he would ask the Clerk whether he had in his possession any certificates or other vouchers, in relation to the late election, in the district from which both the gentlemen came? And, if he had, he would call upon the Clerk to read them. The CLERK replied, that there were in his possession divers papers on that subject, and, if it were the desire of the gentleman, they would be produced. [Cries of "Read! read!" resounded from all parts of the Hall.] Mr. ALLAN replied, that the paper about to be ma was precisely the document which the gentleman fre Georgia wanted to be read. The CLERK then proceeded to read, first, the earth : which contained the election returns of twelve out of th thirteen districts in Kentucky (the sixth district not beint included, for what reason he was ignorant.) The res from the fifth district (the district now in question) wa included, and he would now proceed to read it. Mr. WAYNE inquired whether it had been presented by the gentleman whose name was on the roll, as his cre dentials? The CLERK replied that he had received no paper any kind from Mr. MooRE. The Clerk then read the certificate of the Governer Kentucky, accompanying the returns. Mr. ALLAN called for the reading of the certificat from the sheriffs of the fifth congressional district. Mr. WAYNE objected to its being read. The papers were accordingly produced; but, before reading them, the CLERK stated that they would have been in his possession at an earlier period, but owing to Mr. ALLAN then inquired whether the genties their being addressed to "the Speaker or Clerk of the from Georgia meant to be understood as maintaining House of Representatives," they had been placed in the position, that, because any individual had been enrele box at the post office usually appropriated to the Speak-by the Clerk as a member of the present Congress, tha' er of the House: here they had remained until late the individual was, on that account, entitled to be sworn as night before, when, there being no Speaker as yet, he a sitting member? had taken the liberty of opening the package, which was postmarked "Lexington," and which he concluded must probably refer to this matter. Mr. WAYNE said that the person claiming to be stituted for the individual upon the roll, ought to pro his credentials, and say whether those were the pape The Clerk was now about to read the papers, when, on which he intended to found his claim to a seat. Mr. WAYNE rose, and, after premising his wish that were done, Mr. W. would be ready to pass that it should be clearly understood that he took no them. part in the controverted claim, on either side, inquired of the Clerk whose name appeared on the roll which had been made out by him, as elected from the district in question? The CLERK replied, that the name on the roll was that of THOMAS P. MOORE. Mr. WAYNE then resumed, and expressed his wish that Mr. MOORE, of Kentucky, said, that had he not beet informed from various quarters that this movement w be made, it would have greatly surprised him. cedented as it is, he was prepared to meet it calmly, to submit it to the decision of the House, though und ed, and not having the power to give a legal decision, is now the case. It is upon prima facie evidence my curring, [H. OF R. Mr. MARSHALL inquired whether those words preceded the signatures? The CLERK, as the reporter understood him, replied in the affirmative. Mr. MOORE then inquired whether these words were not in a different hand writing from the body of the certificate? said Mr. M., that any member of this House is entitled to Lincoln county not being takcu into the account,' OCbe sworn, and it cannot be known to us, as a constitutional body, whose election is to be contested and whose not, until the House is organized. Until then, there is in fact no one entitled to make such a motion, and no one entitled to decide it. I come here with the prima facie evidence of my election, like the honorable gentlemen around me. I have in my possession the certificate of a majority of the sheriffs, convened according to law, to compare the polls; and the Clerk of this House has received the same evidence from the Governor of the State of Kentucky, that I am the representative of the fifth congressional district, that he has transmitted to establish the claim of the other members from Kentucky. If these documents are informal or defective, a committee of this House, after it is duly organized, will so decide, and until they do so decide, and it is sanctioned by this House, I am as much entitled to my seat as any member on this floor. This also was answered by the Clerk in the affirmative. Mr. ALLAN inquired (turning to Mr. MoonE) whether it was intended to contend that that part of the paper was a forgery? Mr. MOORE explained; but all the reporter could catch, was, that Mr. M. had been told that the words had been inserted at the instance of one of the sheriffs, after the signing; but he disclaimed any intention to impute forgery. Mr. ALLAN then proceeded. Ile now understood I not only have the prima facie evidence of my right that the paper which had been read, was the document by o the seat, but if any one, at a proper period, shall virtue of which the gentleman who had just taken his seat, come forward to contest it, I shall, I hope, be prepared claimed to be duly elected to the present Congress; and o show that I am duly elected, or that the election was he admitted that if that paper, according to the laws of marked by such gross irregularities, as ought to induce Kentucky, had been certified and signed by the persons his House to refer it again to the decision of the people. required to certify and sign it, then, by the usages of that Nothing but a deep conviction of the truth of what I have House, the gentleman was entitled, for the present, to be tated, would have brought me here; and, if my wishes recognised as the sitting member. But if the paper was ould have controlled, all doubts as to who is legally en-not, in point of fact, a certificate of the electoral vote of itled to the seat would have been decided by the peo- the fifth congressional district of Kentucky, and was not le themselves, without troubling this House. But as signed by those persons required by law to sign it, then hat appeal to decide ultimate as well as prima facie it was a nullity; and it turned out that the individual ights was declined, I am left no alternative but to assert was claiming a seat on that floor without any certificate ny rights, and those of the people whom I claim to rep- of his election. The delegation from Kentucky had com esent here. Ever inclined to pursue that course which will preserve order and decorum in this Hall, and not being disposed to etard the organization of the House, I shall cheerfully ubmit to any decision the gentlemen present shall make; ut it is my duty to do it with a proper reservation of my ights, and the rights of those who sent me here. pared this paper with the laws of that State, and had come to the conclusion that the certificate was null and void: and he would briefly submit to the House the reasons of such conclusion. The paper professed to certify the vote of a district composed of five counties. By the State law, it was the duty of the sheriffs of these five counties to meet together I therefore respectfully deny the right of any one at on a certain day after the polls were closed, to compare his time to vote on the subject, and if I am prohibited the votes given in their several counties, add them up, rom qualifying, I shall protest against it as an arbitrary and give a certificate of the result, signed by all of them. xertion of power, which will form a most dangerous pre- The object of the law certainly was to ascertain who had edent, and not only deprive me of my just rights, but the a majority of all the votes given in; and to furnish such eople of the fifth congressional district of their repre-individual with a legal certificate of his election. sentative. The reading of the papers then proceeded, and the lection return from the fifth district of Kentucky was ead, at the close of which the words "the votes of Mr. WAYNE here made some inquiry of Mr. ALLAN; but his back being turned to the reporters, not one word of what he said could be distinctly heard. Mr. ALLAN, in reply, said that he understood himself to possess the right of rising, and presenting the question *The following is the copy of the certificate, by virtue of in this case to the House. This was a House. Under which Mr. Moore claimed his seat: the view of the constitution, it was competent to perform any act pertaining to the House of Representatives, and The following is the clause of the law of Kentucky, read by Mr. ALLAN, in objecting to Mr. Moore's claim: AN ACT to divide the State into congressional districts, approved February 2, 1833. STATE OF KENTUCKY, Fifth Congressional District. We, the undersigned sheriffs for the counties of Mercer, Garard, Anderson, Lincoln, and Jessamine, composing said fifth congressional district, do certify, that, on the fifteenth day after he commencement of the late congressional election for said listrict, to wit: on the 20th day of August, 1833, we met at he court-house in Harrodsburg, Mercer county, and, adjournng from day to day, made a faithful comparison and addition SEC. S. Be it further enacted, That the sheriffs of the f the votes and polls, for said congressional election for said several counties in each district shall, on the fifteenth day after istrier, and found, and accordingly certify, that Thomas P. the commencement of their elections, assemble at the places Moore is duly elected representative to Congress, from the hereinafter designated, in each of their respective districts, and aid fifth congressional district, by a majority of the qualified there, by faithful comparison and addition, ascertain the person zo'es of said district. elected in their districts. SEC. 5. Be it further enacled, &c. Given under our hands, this 21st day of August, 1833. |