to assure you, that for the few remaining hours of the present session, and so long as I may occupy the Chair, it shall be my constant endeavor to meet your just expectations, and to preserve the order and decorum of debate, so necessary to the harmony and dignity of every deliberative assembly, and to the despatch of the important business which may be brought to the consideration of the Senate. On motion of Mr. CHAMBERS, a committee was ordered to be appointed to wait on the President of the United States, and inform him that the Senate have elected the honorable GEORGE POINDEXTER to be their President pro tem.; and that the Secretary do communicate the same to the House of Representatives. MONDAY, June 30. Deposit Banks-Recess Committee to Examine. The Senate proceeded to consider the resolution offered by Mr. SOUTHARD, instructing the Committee on Finance to sit during the recess, in order to investigate the condition of the banks in which the public deposits are made. Mr. KING, of Alabama, objected to the instruction, and asked for further explanations to show its necessity. [JUNE, 1834. of March last, that the President of the United States, in ordering the removal of the deposits from the Bank of the United States, had assumed a power not granted by the law or the constitution, but in derogation of them both, is a resolution imputing impeachable matter to the President, and ought not to be passed except in the regular form of constitutional impeachment, and ought to be struck out of the Journals. Mr. CLAY said it ought to be remembered the time and circumstances under which that resolution was offered, when the Senate was within a few hours of its adjournment, and when onethird of the members had already left town. He looked upon it as an improper time 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. Mr. GRUNDY, from the committee appointed to wait on the President of the United States, reported that the committee had discharged that duty, and that the President stated that he had no further communications to make to the present Congress. The President had signed all the bills but that for the improvement Mr. SOUTHARD replied, that the public treas- of the Wabash River, which had been presenture was in danger; and if there was any ob-ed to him at so late a period that he had not ject 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. The question was decided as follows: YEAS.-Messrs. Bibb, Chambers, Clay, Ewing, NAYS.-Messrs. Grundy, Hendricks, Hill, Kane, Expunging Resolution, time to examine it; but, as the subject of the bill was interesting to many, he would sign it within the time allowed by the constitution, if, upon 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 the Hudson River went along with it. Mr. GRUNDY said, as to that he had nothing to say; but he did not expect a dispute. The President had a right to exert his privilege. Mr. TIPTON said the bill for the improveShep-ment of the Wabash was sent in on Saturday, and that for the improvement of the Hudson to-day. The two Houses having exchanged the usual messages, The Senate adjourned, sine die, at 45 minutes Mr. BENTON submitted a resolution that the resolution of the Senate of Tuesday, the 20th | past six. LIST OF REPRESENTATIVES. Maine.-Francis O. J. Smith, Rufus McIntire, Edward Kavanagh, Gorham Parks, Joseph Hall, Leonard Jarvis, George Evans, Moses Mason, Jr. New Hampshire.-Henry Hubbard, Joseph M. Harper, Benning M. Bean, Franklin Pierce, Robert Burns. Massachusetts.-Isaac C. Bates, Rufus Choate, John Quincy Adams, John Davis, George N. Briggs, Edward Everett, George Grennell, Jr., John Reed, William Baylies, Benjamin Gorham, Gayton P. Osgood, William Jackson. Rhode Island.-Tristam Burges, Dutee J. Pearce. Connecticut.-Jabez W. Huntington, William W. Ellsworth, Noyes Barber, Samuel A. Foot, Ebenezer Young, Samuel Tweedy. Vermont.-Hiland Hall, Horace Everett, Heman Allen, William Slade, Benjamin F. Deming. New York.-Abel Huntington, Isaac B. Van Houten, Churchill C. Cambreleng, Campbell P. White, Cornelius W. Lawrence, Dudley Selden, Aaron Ward, Abraham Bockee, John W. Brown, Charles Bodle, John Adams, Aaron Vanderpoel, Job Pierson, Gerritt 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. New Jersey.-Philemon Dickerson, Samuel Fowler, James Parker, Ferdinand S. Schenck, William N. Shinn, Thomas Lee. Pennsylvania.-Horace Binney, James Harper, John G. Watmough, William Heister, William Darlington, David VOL. XII.-25 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 law passed at the last Congress apportioning the number of representatives among 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. Delaware.-John J. Milligan. Maryland.-James P. Heath, James Turner, John T. Stoddert, Isaac McKim, Richard B. Carmichael, Francis Thomas, William C. Johnson, Lyttleton P. Dennis. Virginia.-John M. Patton, John Y. Mason, William F. Gordon, Thomas T. Bouldin, William S. Archer, Nathaniel H. Claiborne, Jsseph W. Chinn, Charles F. Mercer, Edward Lucas, Samuel McDowell Moore, Andrew Stevenson, Thomas Davenport, John J. Allen, George Loyall, James H. Gholson, Edgar C. Wilson, James M. H. Beale, William P. Taylor, John H. Fulton, William MeComas, Henry A. Wise. 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. 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. 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. Kentucky--Chilton Allan, Thomas A. Marshall, Amos Davis, Richard M. Johnson, Thomas Chilton, Robert P. Letcher, Thomas P. Moore, Benjamin Hardin, Chittenden H. OF R.] Kentucky Contested Election. [DECEMBER, 1833. The Clerk was now about to read the papers, when, Mr. WAYNE rose, and, after premising his wish that it should be clearly understood that he took no 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 several States, the State of Kentucky had the post office usually appropriated to the Speakbeen declared entitled to thirteen representa- er of the House: here they had remained until tives in the present Congress; but that, in cast-late the night before, when, there being no ing his eyes around the Hall, he recognized Speaker as yet, he had taken the liberty of fourteen gentlemen ostensibly claiming to be opening the package, which was postmarked representatives of the State, and members of "Lexington," and which he concluded must this House. The State, he said, was divided by probably refer to this matter. law into thirteen districts, from each of which one member was directed to be chosen to represent her interests in this body. From one of these districts, the fifth, consisting of the counties of Mercer, Garrard, Lincoln, Jessamine, and Anderson, there were two gentlemen present, both claiming a right to appear on this floor. From the circumstances of the case, it was obvious that the question of their right to a seat must be decided in the present stage of the proceedings. The question arising from Mr. WAYNE then resumed, and expressed his these conflicting claims, was one deeply inter- wish that the individual whose name had been esting, not only to their own immediate dis- inserted on the roll, should produce and exhibit tricts, but to the State at large; so much so, his credentials, that the House might be in cirthat the delegates from the State had met to- cumstances of judging of the validity of his gether, and had deemed it their duty to take the claim. From the earliest period of our connovel case presented, under their most serious gressional history this had been the usage, and consideration. They had, accordingly, examin- no new member was sworn in until his credened the electoral law of Kentucky, and the re-tials had first been produced and examined. turns from the district in question, and had concluded (very contrary to his own wishes) to appoint him as their organ to raise the question, involved by the circumstances of these claims, before that body. 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 the name on the roll was that of THOMAS P. MOORE. Of late, a different course had been pursued, probably to avoid delay; but, in the present instance, there was an obvious propriety that the original usage should, in this case, he revived. Mr. W. said, that with one of the claimants he had no personal acquaintance, with the other he had, and cherished much regard for him, and he did not wish that his rights should be compromitted on this occasion. He felt his present course to be a solemn duty-it sprang from his heart; he was imperatively bound to stop, if possible, a course of proceedings by which the right of any member claiming a seat The CLERK replied that there were in his pos-on that floor might be contested in the most session 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.) 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 their being addressed to "the Speaker or Clerk of the House of Representatives," they had been placed in the box at Lyon, Martin Beaty, James Love, Christopher Tompkins, Tennessee.-John Bell, Cave Johnson, James K. Polk, Ohio.-Robert T. Lytle, Taylor Webster, William Allen, Jeremiah McLene, Thomas L. Hamer, John Chaney, Robert Mitchell, John Thomson, Benjamin Jones, William Patterson, Humphrey H. Leavitt, David Spangler, James M. Bell, Elisha Whittlesey, Thomas Corwin, Joseph Vance, Samuel F. Vinton, Jonathan Sloane, Joseph H. Crane. Louisiana.-Philemon Thomas, Henry A. Bullard, Edward D. White. irregular manner. As yet, he believed a majority of the names on the roll had not been called, and until that had been done, and gentlemen had answered, although he saw them on the floor and in those seats, he could not recognize them as members of the House of Representatives; nor, indeed, could he do so after they had answered, until they had been sworn into office, as prescribed by the constitution. He submitted it to the judgment of gentlemen present, whether the old mode of calling for the DECEMBER, 1833.] Kentucky Contested Election. (H. OF R. credentials of claiming members was not the | evidence from the Governor of the State of fit mode of settling this affair. Kentucky, that I am the representative of the Mr. ALLAN inquired whether he was to un- fifth congressional district, that he has transderstand the gentleman from Georgia as object-mitted to establish the claim of the other meming to the reading of the papers in the hands of bers from Kentucky. If these documents are the Clerk ? informal or defective, a committee of this House, Mr. WAYNE answered in the negative; but after it is duly organized, will so decide, and said that he wished the credentials of the gentle-until they do so decide, and it is sanctioned by man entered on the roll should first be produc- this House, I am as much entitled to my seat as any member on this floor. ed. Mr. ALLAN replied, that the paper about to be read was precisely the document which the gentleman from Georgia wanted to be read. The CLERK then proceeded to read, first, the envelope which contained the election returns of twelve out of the thirteen districts in Kentucky, (the sixth district not being included, for what reason he was ignorant.) The return from the fifth district (the district now in question) was included; and he would now proceed to read it. I not only have the prima facie evidence of my right to the seat, but if any one, at a proper period, shall come forward to contest it, I shall, I hope, be prepared to show that I am duly elected, or that the election was marked by such gross irregularities, as ought to induce this House to refer it again to the decision of the people. Nothing but a deep conviction of the truth of what I have stated, would have brought me here; and, if my wishes could have controlled, all doubts as to who is legally enti Mr. WAYNE inquired whether it had been pre-tled to the seat would have been decided by the sented by the gentleman whose name was on the roll, as his credentials? The CLERK replied that he had received no paper of any kind from Mr. MOORE. The Clerk read the certificate of the Governor of Kentucky, accompanying the returns. Mr. ALLAN called for the reading of the certificate from the sheriffs of the fifth congressional district. people themselves, without troubling this House. But as that appeal to decide ultimate as well as prima facie rights was declined, I am left no alternative but to assert my rights, and those of the people whom I claim to represent here. Ever inclined to pursue that course which will preserve order and decorum in this Hall, and not being disposed to retard the organization of the House, I shall cheerfully submit to any Mr. WAYNE objected to its being read. decision the gentlemen present shall make; but Mr. ALLAN inquired whether the gentleman it is my duty to do it with a proper reservation from Georgia meant to be understood as main- of my rights, and the rights of those who sent taining the position, that, because any individ-me here. ual had been enrolled by the Clerk as a member of the present Congress, that individual was, on that account, entitled to be sworn in as a sitting member? Mr. WAYNE said that the person claiming to be substituted for the individual upon the roll, ought to produce his credentials, and say whether those were the papers on which he intended to found his claim to a seat. If that were done, Mr. W. would be ready to pass upon them. I therefore respectfully deny the right of any one at this time to vote on the subject, and if I am prohibited from qualifying, I shall protest against it as an arbitrary exertion of power, which will form a most dangerous precedent, and not only deprive me of my just rights, but the people of the fifth congressional district of their representative. The reading of the papers then proceeded, and the election return of the fifth district of Kentucky was read,* at the close of which the words "the votes of Lincoln county not being taken into the account," occurring, The following is the copy of the certificate, by virtue of Mr. MOORE, of Kentucky, said, that had he not been informed from various quarters that this movement would be made, it would have greatly surprised him. Unprecedented as it is, he was prepared to meet it calmly, and to sub-which Mr. Moore claimed his seat: mit it to the decision of the House, though unformed, and not having the power to give a legal decision, as is now the case. It is upon prima facie evidence only, said Mr. M., that any member of this House is entitled to be 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 STATE OF KENTUCKY, Fifth Congressional District. We, the undersigned sheriffs for the counties of Mercer, Garrard, Anderson, Lincoln, and Jessamine, composing said fifth congressional district, do certify, that, on the fifteenth tion for said district, to wit: on the 20th day of August, 1833, day after the commencement of the late congressional elecwe met at the court-house in Harrodsburg, Mercer county, and, adjourning from day to day, made a faithful comparison and addition of the votes and polls, for said congressional clection for said district, and found, and accordingly certify, that Thomas P. Moore is duly elected representative to Congress from the said fifth congressional district, by a majority of the qualified votes of said district. Given under our hands, this 21st day of August, 1833. H. OF R.] Kentucky Contested Election. [DECEMBER, 1833 Mr. MARSHALL inquired whether those words | ment of a Chairman, to give order to the propreceded the signatures? ceedings. The Clerk replied in the affirmative. Mr. MOORE inquired whether these words were not in a different hand-writing from the body of the certificate? This also was answered by the Clerk in the affirmative. Mr. ALLAN inquired (turning to Mr. MOORE) whether it was intended to contend that that part of the paper was a forgery? A member inquired whether a quorum of the House had answered to their names? Mr. FOSTER further urged the expediency of choosing a Chairman. The House was competent to do this, whether a quorum had answered or not; just as a number of gentlemen, met for any other business, were accustomed to do. Mr. ELLSWORTH thought it would be better to let the Clerk proceed as usual. Till the roll was gone through with, they could not tell who was entitled to vote for a Chairman. 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 forg-out, on what ground, or by what authority, Mr. ery. Mr. ALLAN proceeded. He now understood that the paper which had been read, was the document by virtue of which the gentleman who had just taken his seat, claimed to be duly elected to the present Congress; and he admitted that if that paper, according to the laws of Kentucky, had been certified and signed by the persons required to certify and sign it, then, by the usages of that House, the gentleman was entitled, for the present, to be recognized as the sitting member. But if the paper was not, in point of fact, a certificate of the electoral vote of the fifth congressional district of Kentucky, and was not signed by those persons required by law to sign it, then it was a nullity; and it turned out that the individual was claiming a seat on that floor without any certificate of his election. The delegation from Kentucky had compared 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 on a certain day after the polls were closed, to compare the votes given in their several counties, add them up, and give a certificate of the result, signed by all of them. The object of the law certainly was to ascertain who had a majority of all the votes given in; and to furnish such individual with a legal certificate of his election. Mr. FOSTER said the Clerk did not act as Chairman; he only read a list he had made F. did not know; surely his placing the name of a particular person on that list did not make him a member of the House of Representatives. Mr. SPEIGHT thought it would be much better to postpone this matter until the roll had been gone through, the members qualified, and the Speaker chosen. A debate previous to that would only produce confusion. Mr. ALLAN, replied, that if it were the custom of the House to qualify the members before the Speaker was elected, and the gentlemen from Kentucky would acquiesce, he should be more willing to comply with this suggestion; but the usual course had been to elect a Speaker first, and qualify the members afterwards. It was known to every man, of the least observation or experience, that the election of the Speaker gave a character to the House and a tone to all its proceedings; and he asked whether his State was not entitled to have her full and just representation upon that floor, when an act so important was about to be done? Surely she had a right to demand the decision of a question of such consequence, a question which went directly to that vital interest of freemen, the right of suffrage. He admitted that the question was of a novel and somewhat embarrassing character, and required to be treated with consideration; but there was abundant time for its examination. How could the time of the House be occupied more profitably than in putting a question of this magnitude to rest? There was no necessity to hurry a decision. Believing it to be conceded that he had a right to the floor, he should now proceed, respectfully and very briefly, to state the two fatal objections which existed to the legality of the paper which had been read at the Clerk's table. They were on the face of the paper itself. He should not go behind it. Mr. A. said that he understood himself to possess the right of rising, and presenting the question in this case to the House. This was a House. Under the view of the constitution, it was competent to perform any act pertaining Here Mr. Boon requested Mr. ALLAN to yield to the House of Representatives, and its first the floor to him for a moment; but Mr. A. reduty was to ascertain who were its own mem-fused, and was about proceeding to explain his bers. This was a representative Government -and the first question which demanded attention was, whether individuals, claiming to be representatives of the people, were actually their representatives. Mr. FOSTER having, by permission of Mr. ALLAN, taken the floor, proposed the appoint objections to the sheriff's certificate, when (having been spoken to aside by Mr. CHILTON) he said that he understood a proposition would be made by one of the gentlemen claiming the seat, and with a view to afford an opportunity for such a movement, he would readily take his seat. Mr. LETOHER proposed to Mr. MOORE, that |