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JUNE 30, 1834.)

Boston Memorial.- Indian Intercourse.- Deposite Banks, &c.

(SENATE.

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The Senate were busily engaged throughout the whole of Alabama, King of Georgia, Robinson, Shepley, Tallday, in acting upon and passing a great number of bills;' madge, Tipton, White, Wright.–12. and, at 11 o'clock P. M., proceeded to the consideration So the resolution was agreed to. of Executive business, and after remaining some time

IMPROVEMENT OF THE HUDSON RIVER. therein, Adjourned until 9 o'clock Monday morning.

On motion of Mr. WRIGHT, the Senate proceeded to consider the bill from the House of Representatives, ap

propriating $70,000 for the improvement of the naviga. MONDAY, JUXE 30.

tion of the Hudson river below Albany. BOSTON MEMORIAL.

Mr. WEBSTER asked for the yeas and nays on the The Senate assembled at 9 o'clock.

question of ordering the bill to a third reading—which Mr. WEBSTER said that he would now discharge the were ordered. last of his duties with regard to memorials connected with

Mr. CALHOUN said a few words as to the impropriety the removal of the deposites. I would be recollected of making an appropriation so wide in its latitude. that, in the spring, a memorial, professing to be the me- ment to embrace the obstructions in the river between

Mr. CLAY said he had designed to make an amendmorial of the citizens of Boston, and !o be signed by Albany and Troy, but if the Senators from New York about six thousand names, in support of and friendly to the action of the administration in the removal of the de. would give a pledge that the money should be equally posites, was referred to the Committee on Finance for ex. expended above and below Albany, he would not press amination. The memorial was printed, and compared

his amendment. with a list of the electors, and the memorial was found to

Mr. WRIGHT and Mr. TALLMADGE stated their contain eleven hundred and thirty real signatures, instead

readiness to have the money equally expendedl. of three thousand and sixty, as it purported to be.

Mr. SMITII moved to amend the bill by introducing an Ainong the names were founi repetitions, the names of appropriation for the Connecticut river, and accompanied the dead, as well as of the living, were found inscribed his motion with some remarks in explanation. upon it. Mr. W. moved that the report be printed and liid

Mr. WEBSTER expressed himself in favor of the obupon the table.

ject, but was opposed to pressing the amendment now, It was so ordered.

as it would hazard the present bill, since the amendment On motions of the various Chairmen, the several com

must be sent to the Ilouse for concurrence. mittees were discharged from subjects committed to them

Mr. TOMLINSON advocated the amendment, and staand remaining to be acted upon.

ted that the appropriation had been made in a bill whicb

was vethed'hy the President, and that the object was imINDIAN INTERCOURSE.

portant and ought to receive the sanction of Congress. The Senate then proceeded to consider the bill to reg Mr. CALHOUN opposed the bill, objecting to the ulate Indian intercourse.

hasty passage of such a bill at this period of the session, The amendments reported by the Committee on Indian when it required the utmost deliberation, and moved to Affairs were agreed to.

lay the bill on the table. Mr. FRELINGHUYSEN moved a further amendment, The yeas and ways were ordered on this question, which providing that the repeal of former laws by this bill was decided as follows: should not affect the rights of the Indians on the Missis YEAS.-Messrs. Benton, Bibb, Black, Calhnun, Grunsippi; which was agreed to.

dy, Hill, King of Georgia, Leigh, Linn, Manguin, Moore, The amendments were then ordered to be engrossed, Preston, Shepley, Tyler, White.-15. and the bill to be read a third time; and the bill was then NAYS.--Messrs. Clay, Ewing, Frelinghuysen, llenread a third time and passed.

dricks, Kane, Knight, Naudain, Poindexter, Robbins, Subsequently, on motion of Mr. FRELINGHUYSEN, Robinson, Silsbee, Smith, Southard, Tallmadge, Tipton, this bill was reconsidered, for the purpose of making an Tomlinson, Waggaman, Webster, Wright.-19. amendment concerning the superintendench of us So the motion to lay the bill upon thie table was nega. fairs at St. Louis. The amendment

tived. the bill was read a third time and p.

The question was then taken on the amendment moved DEPOSITE BA

by Mr. Smith, and the amendment was negatived. The Senate then proceeder!

or the resolution

Mr. TOMLINSON moved to amend the bill, by introoffered by Mr. Soutuand, inserce. Hg the Committee on of the river l'hames; which was negatived.

ducing an appi opriatiou of $25,000 for the improvement Finance to sit during the recess, in order to investigate the condition of the banks in which the public deposites the bill, and decided as follows:

The question was then taken on the engrossment of are made. Mr. HiLL asked for the yeas and nays--which were Hendricks, Kane, Knight, Naudain, Poindexter, Robbins,

YEAS.-Messrs. Clay, Ewing, Frelinghuysen, Grundy, ordered.

Mr. KING, of Alabama, objected to the instruction, and Robinson, Silsbee, Smith, Southard, Sprague, Tallmadge, asked for further explanations to show its necessity.

Tipton, Tomlinson, Waggaman, Webster, Wilkins, Mr. SOUTHARD replied, that the public treasure was

Wright.-22.

NĂYS.- Messrs. Bibb, Black, Calhoun, Hill, King of in danger; and if there was any object which could require the attention of a committee during the recess, it Alabama, King of Georgia, Leigh, Linn, Manguin, Moore, was this. The Committee on Finance had been instructed Preston, Shepley, Tyler, White.-14. to obtain information, and had not yet been able to gain

The bill was then read a third time and passed. it for want of time. It was to enable the committee to

VIRGINIA LAND WARRANTS. act at all, that this proposition was made.

On motion of Mr. TYLER, the Senate took up the bill Mr. KING made some further remarks in reply. appropriating 500,000 acres of land for the satisfaction of The question was then laken, and decided as follows: land warrants of the officers and soldiers of the Virginia

YEAS.- Messrs. Bibb, Chambers, Clay, Ewing, Fre- continental line. linghuysen, Knight, Leigh, Mangum, Moore, Naudain, Mr. TIPTON moved some amendments, the object of Poindexter, Porter, Robbins, Silsbee, Smith, Southard, which was to substitute money for scrip, at the rate of Sprague, Tomlinson, Waggaman, Webster.-20.

one dollar an acre. NÄYS.-Messrs. Grundy, Hendricks, llill, Kane, King After some discussion, in which Mr.CLAY, Mr. LEIGH,

to, ang

Senate.)

Virginia Land Warrants. -Deposite Bill.

(JUNE 30, 1834.

Mr. FRELINGHUYSEN, Mr. TYLER, Mr. PRESTON, The question being on an amendment moved by Mr. Mr. HENDRICKS, Mr. BIBB, Mr. KNIGHT, and Mr. WRIGHT, the yeas and nays were called for by Mr. W. CALHOUN, took part-

and ordered. Mr. HENDRICKS moved to lay the bill on the table, After some remarks from Mr. WRIGHT and Mr.CLAY, and called for the yeas and nays; which were ordered. the question was taken, and decided as follows:

The question was then taken, and decided as follows: YEAS. - Messrs. Benton, Black, Grundy, Hendricks,

YEAS.-Messrs. Black, Clay, Ewing, Frelinghuysen, Hill, Xane, King of Alabama, King of Georgia, Linn,
Hendricks, Hill, King of Alabama, King of Georgia, Robinson, Shepley, Tallmadge, Tipton, White, Wright.
Knight, Naudain, Porter, Robbins, Shepley, Silsbee, -15.
Smith, Sprague, Tallmarige, Tipton, fomlinson.--19. NAYS.-Messrs. Bibb, Calhoun, Chambers, Clay, Ewe

NAYS.-Messrs. Benton, Bibb, Calhoun, Grundy, Kane, ing, Frelinghuysen, Kent, Knight, Mangum, Moore, Keni, Leigh, Linn, Mangum, Moore, Poindexter, Pres- Poindexter, Porter, Silsbee, Smith, Southard, Sprague, ton, Robinson, Tyler, White.--15.

Tomlinson, Waggaman, Webster.-19. So the bill was ordered to lie on the table.

So the resolution was agreed to. The House having insisted on their amendment to the A resolution presented by Mr. MOORE a few days ago, bill granting a township of land to the exiled Poles, the and ordered to be laid on the table, was then taken up. Senate receded from their disagreement--it being intima- Mr. M. said it would be recollected that, at the comted that the Poles were willing to take the bill on the mencement of the session, he called for information from terms stipulated by the House, (paying the minimum the War Department, in relation to the disposition of the price, &c.)

funds for the removal of the Indians. This call had The Senate asked a conference with the House on the proved to be of too extensive a nature to be executed disagreeing vote on the Potomac bridge bill, and Messrs. this session. A portion of the information called for had, CHÂMBERS, TOMLINSON, and KING of Geo., were however, been procured; and the object of the present appointed a committee.

resolution was to have that portion printed, during the (Subsequently, Mr. CHAMBERS reported a recom- recess, for the benefit of the public; and in order that it mendation that the Senate recede from their amendment, might be ready for Congress at their next sitting. striking out the second section of the bill, and adhere The resolution was agreed to. to their amendment striking out the third section; and the Mr. BENTON submitted a resolution that the resolureport was agreed to.)

tion of the Senate of Tuesday, the 20th of March last, The House having non-concurred in the amendment of that the President of the United States, in ordering the the Senate to the bill to regulate the Indian intercourse, removal of the deposites from the Bank of the United which provides that the provisions of the intercourse bill States, had assigned a power not granted by the law or of 1802 shall not be interfered with as regards the Indians the constitution, but in clerogation of them both, is a resoeast of the Mississippi,

lution imputing impeachable matter to the President, and Mr. FRELINGHUYSEN moved that the Senate insist ought not to be passed except in the regular form of con. on their amendment.

stitutional impeachment, and ought to be struck out of The motion was agreed to.

the Journals. Mr. SILSBEE, from the Committee on Commerce, re Mr. CLAY said, it ought to be remembered the time ported the bill making appropriations for the constructing and circumstances under which that resolution was offer. of light-houses, &c., with sundry amendments.

ed, when the Senate was within a few hours of its ad. Mr. S. stated that thirty-two items had been stricken journment, and when one-third of the members had alout, amounting to $141,694, being nearly one-half of the ready left town. Jle looked upon it as an improper time original amount.

to introduce a resolution of that pature. Mr. CALHOUN repeated his wish that, at the next The motion was opposed by Messrs. CLAY, CALsession, the light-house system would be transferred to HOUN, and WEBSTER; and on the question being the Navy Commissioners.

token by yese and nays, negativedl-yeas 11, nays 20. The amendments were then ordered to be engrossed, (Muchent. We iness was transacted, and a great numand the bill was passed.

posed of by the Senate to-day, be. DEPOSITE BILL.

sides inosing the quese.]
Mr. GRUN.

e committee appointed to wait The Chair having called up the bill to regulate the on the Presidenys, Clayted States, reported that the public deposites in the State banks,

committee liac discharged that duty, and that the Pres. Mr. WEBSTER said that he was ready to meet discus. ident stated that he had no further communications to sion on the bill, or to assent to laying it on the table. He make to the present Congress. The President had signwas instructed to move an amendment, which was printed ed all the bills but that for the improvement of the Wa. with the report of the committee, if the bill should be bash river, which had been presented to him at so late a taken up for consideration.

period that he had not time to examine it; but, as the Os motion of Mr. BLACK, the bill was then laid on subject of the bill was interesting to many, he would sign the table.

it within the time allowed by the constitution, if, upon The bill for re-building the frigate Congress was taken examination, he should feel himself justified in so doing; up.

if not, he would use his privilege. Mr. HİLL moved to lay the bill on the table-yeas 11. Mr. CLAY observed, that the bill was dead after the Rejected.

adjournment, and that the bill for the improvement of the The bill was then passed.

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; tox, relative to the mode of printing the pension inform- but he did not expect a dispute. The President had a 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 [The above resolution was afterwards reconsidered and Wabash was sent in on Saturday, and that for the imadopted. )

provement of the Hudson to-day. The resolution giving the Committee on Public Lands The two Houses having exchanged the usual mesauthority to issue commissions to take testimony during sages, the recess, was taken up for consideration--yeag 18, nays11.1 The Senate adjourned sine die, at 45 minutes past six.

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DEBATES.

IN

THE HOUSE OF REPRESENTATIVES.

LIST OF MEMBERS

NORTH CAROLINA.- Micajah T. Hawkins, Thomas Composing the House of Representatives the present session. U. Hall, William B. Shepard, Jesse Speight, James Mc

Kay, Abraham Rencher, Daniel L. Barringer, Edmund MAINE.-Francis 0. J. Smith, Rurus McIntire, Ed.

Deberry, Lewis Williams, Augustine II. Shepperd, Henry ward Kavanagh, Gorham Parks, Joseph Hall, Leonard Jar.

W. Connor, Jesse A. Bynum, James Grabam-13. vis, George Evans, Moses Mason, Jr.-8.

SOUTH CAROLINA.-James Blair, George McDuffie, NEW TAMPSHIRE.--Henry Hubbard, Joseph M.

Thomas D. Singleton, William K. Clowney, Henry L. Harper, Benning M. Bean, Franklin Pierce, Robert

Pinckney, William J. Grayson, Warren R. Davis, John Burns~5.

| M. Felder, John K. Griffin-9. MASSACHUSETTS.- Isaac C. Bates, Rufus Choate,

GEORGIA.--James M. Wayne, Richard H. Wilde, John Quincy Addams, John Davis, George N. Briggs, Ed.

George R. Gilmer, Augustine S. Clayton, Thomas F. Fos. ward Everett, George Grennell, Jr., John Reed, William

ter, Roger L. Gamble, Seaborn Jones, William Schley, Baylies, Benjamin Gorham, Gayton P. Osgood, William

John Coffee--9. Jackson--12.

KENTUCKY.--Chilton Allan, Thomas A. Marshall, RHODE ISLAND.-Tristam Burges, Dutce J. Amos Davis, Richard M. Johnson, Thomas Chilton, RobPearce-2.

jert P. Letclier, * Thomas P. Moore,* Benjamin Hardin, CONNECTICUT.-Jabez W. Huntington, William W.

Chittenden Lyon, Martin Beaty, James Love, Christopher Ellsworth, Noyes Barber, Samuel A. Foot, Ebenezer

Tompkins, Patrick II. Pope, Albert G. Hawes—14. Young, Samuel Tweedy-6.

TINNESSEE.-John Bell, Cave Johnson, James K. VERMONT.--Hiland Hall, Horace Everett, Heman

Polk, David W. Dickinson, Balie Peyton, John Blair, Allen, William Slade, Benjamin F. Deming-5.

Samuei Bunch, Luke Lea, James Stande fer, David CrockNEW YORK.-Abel Fluntington, Isaac B. Van Hou

ett, John B. Forester, William M. Inge, William C. ten, Churchill C. Cambreleng, Campbell P. White, Cor

Dunlap--13. nelius W. Lawrence, Dudley Selden, Aaron Ward, Abra

Ohio.--Robert T. Lytle, Taylor Webster, William bam Bockee, John W. Brown, Charles Bodle, John Ad

Allen, Jeremiah McLene, Thomas L. Hamer, John Chaams, Aaron Vanderpoel, Job Pierson, Gerrit Y. Lansing,

18ney, Robert Mitchell, Jolin Thomson, Benjamin Jones, John Cramer, Henry C. Martindale, Reuben Whallon, wiúiam Patterson. Humphrey H. Leavitt, David SpanRansom H. Gillet, Charles McVean, Abijah Mann, Jr.,

gler, James M. Bell, Elisha Whittlesey, Thomas Corwin, Samuel Beardsley, Joel Turrill, Daniel Wardwell, Sher

Joseph Vance, Samuel F. Vinton, Junathan Sloane, Joseph man Page, Noadiah Johnson, Henry Mitchell, Nicoll Hal

H. Crane--19. sey, Samuel G. Hathaway, William 'Taylor, William K.

LOUISIANA.--Philemon Thomas, Henry A. Bullard, Fuller, Rowland Day, Samuel Clark, John Dickson, Ed

Edward D. White--3. ward Howell, Frederick Whittlesey, George W. Lay,

Lay, INDIANA.--Amos Lane, Jonathan McCarty, John Philo C. Full

Carr, George L. Kinnard, Edward A. Hannegan, Ratliff Gideon Hard-40,

en pyocy

Boon, John Ewing-7. NEW JERSEY.-Plulemon strict of Samuel Fow

MISSISSIPPI.--Henry Cage, Franklin E. Plummer--2. ler, James Parker, Ferdinantie wordenck, William N.

ILLINOIS.--Joseph Duncan, Zacok Casey, Charles Shinn, Thomas Lee-6. PENNSYLVANIA.-Horáce Binney, James Harper,

Slade-3.

ALABAMA.--Clement C. Clay, Dixon H. Lewis, John John G. Watmough, William Hiester, William Darling. virnby Samuel w

ing | Murphy, Samuel W. Mardis, Jolin McKinley--5.

Marcia Joh ton, David Potts, Jr., William Clark, Harmar Denny,

MISSOURI.-- William H. Ashley, John Bull-2. George Chambers, Thomas M. T. McKennan, John Banks, Andrew Stewart, Charles A. Barnitz, George Burd, Jesse

DELEGATES.
Miller, Joseph B. Anthony, Henry A. Muhlenberg, Joel

MICHIGAN.--Lucius Lyon.
K. Mann, Robert Ramsay, David B. Wagener, Henry ARKANSAS.--Ambrose H. Sevier.
King, Andrew Beaumont, John Laporte, Joseph Hender-

FLORIDA.--Joseph M. White.
8.1, John Galbraith, Samuel S. Harrison, Richard Coul-
ter, Joel B. Sutherland-28.

Mozdar, DECEMBER 2, 1833. DELAWARE.-John J. Milligan--1.

At 12 o'clock, M., the House came to order, at the invi. MARYLAND.-James P. Heath, James Turner, John tation of their late Clerk, M. St. Clair CLARKE, Esq., who T. Stoddert, Isaac Mckim, Richard B. Carmichael, Fran

then proceeded to call the roll of members by States, becis Thomas, William C. Johnson, Littleton P. Dennis-8.

ginning with the State of Maine. VIRGINIA.--John M. Patton, John Y. Mason, William ° The calling of the roll having proceeded as far as to the F. Gordon, Thomas T. Bouldin, William S. Archer, Na state of Kentucky, before the names of the members from thaniel J. Claiborne, Joseph W. Chinn, Charles F. Mer-Ithat State were called. cer, Edward Lucas, Samuel McDowell Moore, Andrew Mr. ALLAN, of Kentucky, rose, and asked permis. Stevenson, Thomas Davenport, John J. Allen, George Ision to address the House. He observed that, by the Loya I, James H. Gholson, Edgar C. Wilson, James M. H. Beale, William P. Taylor, John H. Fulton, William *In the two cases marked thus, *, in the above list, the seal was MicComas, Henry A. Wise -21.

Telaimed by both the gentlemen named.
Vol. X.-134

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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 bis credentials, that the of Kentucky had been declared entitled to thirteen repre- House might be in circumstances of judging of the validsentatives in the present Congress; but that, in casting ity of his claim. From the earliest period of our con. 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 liad first been State, and members of this House. The State, he said, produced and examined. Of late, a different course had was divided by law into thirteen districts, from each of been pursued, probably to avoid delay; but, in the preswhich 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 bim, and he did not wish that his rights should Hoor. From the circumstances of the case, it was obvious be compromited on this occasion. He felt bis 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 claim. teresting, not only to their own immediate districts, but to ing a seat on that floor might be contested in the most 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 bad take the novel case presented, under their most serious been done, and gentlemen had answered, although he consideration. They had, accordingly, examined the elec- saw them on the floor and in those seats, he could not toral law of Kentucky, and the returns from the district recognise them as members of the House of Represent. in question, and had concluded (very contrary to liis own alives; nor, indeed, could hé do so after they had answer. wishes) to appoint him as their organ to raise the ques-ed, until they had been sworn into uffice, 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 for He rose, as must be obvious, under circumstances pe- the creclentials of claiming members was not the fit mode culiarly embarrassing, to address, at this early momeni, a of settling this affair. new Congress, with a majority of whose members he was Mr. ALLAN inquired whether he was to understand personally unacquainted. But the duty was imposed upon the gentleman from Georgia as objecting to the reading birn, and although, if left to consult his own fealings, he of the papers in the bands of the Clerk? should much rather have occupied his seat, and given a Mr. WAYNE answered in the negative; but said that silent vote, he did not feel at liberty to decline its per form he wished the credentials of the gentleman entered on the ance. The duty was the more painful, because the ques-rol) should first be produced. tion to be raised related to two individuals, with both of Mr. ALLAN replied, that the paper about to be read whom he was personally acquainted, and in habits of the was precisely the document which the gentleman from most friendly intercourse. He could assure both the gen. Georgia wanted to be read. tlemen, however, that he should endeavor to perform the The CLERK then proceeded to read, first, the envelope unwelcome task assigned bim, in the manner most respect- which contained the election returns of twelve out of the ful to their feelings.

thirteen districts in Kentucky (the sixth district not being In order to enable the House to decide the controversy included, for what reason he was ignorant.) The return between these claimants, he would ask the Clerk whether from the fifth district (the district now in question) was he had in his possession any certificates or other voucbers, inclucled, and he would now proceed to read it. in relation to the late election, in the district from which Mr. WAYNE inquired whether it had been presented both the gentlemen came? And, if he had, he would call by the gentleman whose name was on the roll, as bis creupon the Clerk to read them.

dentials? The CLERK replied, that there were in his possession The CLERK on sat he had received no paper of divers papers on that subject, and, if it were the desire any kind fron '.. of the gentleman, they would be produced.

The Clerk theils': je certificate of the Governor of [Cries of " Read! read!” resounded from all parts of Kentucky, accompanying the returns. the IIall.]

Mr. ALLAN called for the reading of the certificate The papers were accordingly produced; but, before from the sheriffs of the fifth congressional district. reading them, the. CLENK stated that they would have Mr. WAYNE objected to its being read. been in his possession at an earlier period, but owing to Mr. ALLAN then inquired whether the gentleman their being addressed to “the Speaker or Clerk of the from Georgia meant to be understood as maintaining the House of Representatives,” they bad been placed in the position, that, because any individual had been enrolled box at the post office usually appropriated to the Speak by the Clerk as a member of the present Congress, that er of the House: here they bad remained until late the individual was, on that account, entitled to be sworn in as night before, when, there being no Speaker as yet, hic a sitting member? had taken the liberty of opening the package, which was Mr. WAYNE said that the person claiming to be sub. postmarked “Lexington," and which he concluded must stituted for the individual upon the roll, ought to produce probably refer to this matter.

his credentials, and say whether those were the papers The Clerk was now about to read the papers, when, on wliich he intended to found his claim to a scat. If Mr. WAYNE rose, and, after premising his wish that were done, Mr. W. would be ready to pass upon that it should be clearly understood that he took no them. A part in the controverted claim, on either side, inqui- Mr. MOORE, of Kentucky, said, that had he not been red of the Clerk whose name appeared on the roll which informed from various quarters that this movement would bad been made out by him, as elected from the district in be made, it would have greatly surprised him. Unprequestion?

cedented as it is, he was prepared to meet it calmly, and The CLERK replied, that the name on the roll was that to submit it to the decision of the House, though unformof THOMAS P. Moony.

• led, and not having the power to give a legal decision, as Mr. WAYNE then resumed, and expressed his wish that is now the case. It is upon prima facie evidence only,

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said Mr. M., that any member of this House is entitled to Lincoln county not being taken into the account," ocbe sworn, and it cannot be known to us, as a constitu- curring, tional body, whose election is to be contested and whose Mr. MARSHALL inquired whether those words prenot, until the House is organized. Until then, there is in ceded the signatures? fact no one entitled to make such a motion, and no one The Clerk, as the reporter understood him, replied in entitled to decide it. I come here with the prima facie the affirmative. evidence of my election, like the honorable gentlemen Mr. MOORE then inquired whether these words were around me. I have in my possession the certificate of a not in a different hand writing from the body of the cermajority of the sherifts, convened according to law, totificate! compare the polls; and the Clerk of this House has re. This also was answered by the Clerk in the affirmative. ceived the same evidence from the Governor of the State Mr. ALLAN inquired (turning to Mr. MoOne) wheof Kentucky, that I am the representative of the fifthther it was intended to contend that that part of the paper congressional district, that lie has transmitted to establish was a forgery? the claim of the other members from Kentucky. If these Mr. MOORE explained; but all the reporier coull documents are informal or defective, a committee of this catch, was, that Mr. M. had been told that the words House, after it is duly organized, will so decide, and until had been inserted at the instance of one of the sheriffs, they do so decide, and it is sanctioned by this House, I after the signing; but he disclaiined any intention to imam as much entitled to my seat as any member on this pute forgery. floor.

1 Mr. ALLAN then proceeded. He now understood I not only have the prima facie evidence of my right that the paper which had been read, was the document by to 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 to 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 this 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 stated, would have brought me here; and, if my wishes recognised as the sitting member. But if the paper was could have controlled, all doubts as to who is legally en-not, in point of fact, a certificate of the electoral vote of titled to the seat would have been decided by the peo- the fifth congressional district of Kentucky, and was not ple themselves, without troubling this House. But as signed by those persons required by law to sign it, then that appeal to decide ultimate as well as prima facie it was a nullity; and it turned out that the individual rights was declined, I am left no alternative but to assert was claiming a seat on that floor without any certificate my rights, and those of the people whom I claim to rep- of his election. The delegation from Kentucky had comresent here.

pared this paper with the laws of that State, and had Ever inclined to pursue that course which will preserve come to the conclusion that the certificate was null and order and decorum in this Hall, and not being disposed to void: and he would briefly submit to the House the reasons retard the organization of the House, I shall cheerfully of such conclusion. submit to any decision the gentlemen present shall make; The paper professed to certify the vote of a district but it is my duty to do it with a proper reservation of my composed of five counties. By the State law, it was the rights, and the rights of those who sent me here.

duty of the sheriffs of these five counties to meet together I therefore respectfully deny the right of any one atlon certain day after the polls were closed, to compare this time to vote on the subject, and if I am prohibited the votes given in their several counties, add them up, from qualifying, I shall protest against it as an arbitrary and give a certificate of the result, signed by all of them. exertion of power, which will form a most dangerous pre- The object of the law certainly was to ascertain who had cedent, and not only deprive me of my just rights, but the a majority of all the votes given in; and to furnish such people of the fifth congressional district of their repre-individual with a legal certificate of his election. sentative.

Mr. WAYNE here made some inquiry of Mr. ALLAN; The reading of the papers then pforeeded, and the but his back being turned to the reporters, not one word election return from the fifth district of Kentucky was of what he said could be distinctly heard. read, * at the close of which the words “the votes of 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 State of KexTUCKY,

any act pertaining to the House of Representatives, and Fifth Congressional District.. We, the undersigned sheriffs for the counties of Mercer, Gar

1 The following in the clause of the law of Kentucky, read by rard, Anderson, Lincoln, and Jessamine, composing said filih

Mr. ALLAN, in ohjecting to Mr. Moore's claim: congression: district, do certisy, thial, on the fifteenth day after the commencement of the lale congressional election for said AN ACT to divide the Sia'e into congressional districts, apdistrict, 10 wit: on the 20th day of August, 1835, we met all

proved February 2, 1833. the ejunt-house in llarrodsburg, Mercer county, and, alljourning from day to dar, made a faithful comparison and acidition! Sec. 3. Be it further enacted, That the sheriffs of the of the votes and polls, for said congressional election for said several counties in each district shall, on the fifteenth day after district, and founil, and accordingly certits, that Thomas P. the commencement of their elections, assemble at the places Moore is duly elected representative to Coogress, from the herein-fter designated, in each of their respective districts, and said fifth congressional district, by a majority of the qualifier there, by faithful comparison and addition, ascertain the person voies of sand district.

elected in their districts.

Sec, 5. Be it further enacted, &c. Given under our hands, this 21st day of August, 1833.

* * * * The vote of Lincolu county no: taken into calculation. | Afor having ascertained, as before directed, the person elect

JACOB KELLER, D-puty for ed in such district, the sheriff's thereof shall make out a certifi-
G. W. THOMPSON, S. M. C. cate of the election of the person in their district, which sball

JOIN WASH, Sheriff of Ander- be signed by all the sheriffs of the district, and which shall be son county, by R. WALKER, Deputs. lodged with the sheriff of the county wherein the poils are com

J.AMES H. LOWRY, Deputy for pared, and by him, together with a copy of the pulls, transmite
JOHN DOWNING, S. J. C. lied to the Secretary of State.

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