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NORTH CAROLINA.-Micajah T. Hawkins, Thomas I. 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. Thomas D. Singleton, William K. Clowney, Henry L. SOUTH CAROLINA.-James Blair, George McDuffie, Pinckney, William J. Grayson, Warren R. Davis, John

M. Felder, John K. Griffin-9.

MASSACHUSETTS.-Isaac C. Bates, Rufus Choate, John Quincy Adams, John Davis, George N. Briggs, EdGEORGIA.--James M. Wayne, Richard H. Wilde, ward Everett, George Grennell, Jr., John Reed, William George R. Gilmer, Augustine S. Clayton, Thomas F. FosBaylies, Benjamin Gorham, Gayton P. Osgood, Williamter, Roger L. Gamble, Seaborn Jones, William Schley,

Jackson--12.

RHODE ISLAND.-Tristam Burges, Dutce J.

Pearce-2.

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.

John Coffee--9.

Amos Davis, Richard M. Johnson, Thomas Chilton, RobKENTUCKY.--Chilton Allan, Thomas A. Marshall, Chittenden Lyon, Martin Beaty, James Love, Christopher ert P. Letcher, Thomas P. Moore,* Benjamin Hardin, Tompkins, Patrick H. Pope, Albert G. Hawes-14. Polk, David W. Dickinson, Balie Peyton, John Blair, TENNESSEE.-John Bell, Cave Johnson, James K. NEW YORK.-Abel Huntington, Isaac B. Van Hou-Samuel Bunch, Luke Lea, James Standefer, David Crockten, Churchill C. Cambreleng, Campbell P. White, Cor-ett, John B. Forester, William M. Inge, William C. nelus W. Lawrence, Dudley Selden, Aaron Ward, AbraDunlap--13. hain 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 Hal-Joseph Vance, Samuel F. Vinton, Jonathan Sloane, Joseph sey, 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, Nathaniel 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. H. Beale, William P. Taylor, John H. Fulton, William McComas, Henry A. Wise-21.

VOL. X.-134

Allen, Jeremiah McLene, Thomas L. Hamer, John ChaOHIO.--Robert T. Lytle, Taylor Webster, William William Patterson, Humphrey H. Leavitt, David Spanney, Robert Mitchell, John Thomson, Benjamin Jones, gler, James M. Bell, Elisha Whittlesey, Thomas Corwin,

H. Crane--19.

LOUISIANA.-Philemon Thomas, Henry A. Bullard,
Edward D. White-3.

Carr, George L. Kinnard, Edward A. Hannegan, Ratliff'
INDIANA.--Amos Lane, Jonathan McCarty, John
Boon, John Ewing-7.

MISSISSIPPI.--Henry Cage, Franklin E. Plummer--2.
ILLINOIS.--Joseph Duncan, Zadok Casey, Charles

Slade-3.

Murphy, Samuel W. Mardis, John McKinley--5.
ALABAMA.--Clement C. Clay, Dixon H. Lewis, John
MISSOURI.--William H. Ashley, John Bull-2.
DELEGATES.

MICHIGAN.--Lucius Lyon.
ARKANSAS.--Ambrose H. Sevier.
FLORIDA.--Joseph M. White.

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.

State of Kentucky, before the names of the members from
The calling of the roll having proceeded as far as to the
that State were called,

sion to address the House.
Mr. ALLAN, of Kentucky, rose, and asked permis-
He observed that, by the

In the two cases marked thus, *, in the above list, the seat was claimed by both the gentlemen named.

H. OF R.]

Organization of the House.

[DEC. 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 valid sentatives in the present Congress; but that, in casting ity of his claim. From the earliest period of our conhis 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 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 him, and he did not wish that his rights should 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 claimteresting, 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 had 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 Representin question, and had concluded (very contrary to his own atives; nor, indeed, could he do so after they had answerwishes) 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 for the credentials of claiming members was not the fit mode of settling this affair.

Mr. ALLAN inquired whether he was to understand the gentleman from Georgia as objecting to the reading of the papers in the hands of the Clerk?

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 Mr. WAYNE answered in the negative; but said that silent vote, he did not feel at liberty to decline its perform he wished the credentials of the gentleman entered on the ancc. 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 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 unwelcome task assigned him, in the manner most respectful to their feelings.

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.]

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 the post office usually appropriated to the Speaker of the House: here they had remained until late the night before, when, there being no Speaker as yet, he had taken the liberty of opening the package, which was postmarked "Lexington," and which he concluded must probably refer to this matter.

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.

Mr. WAYNE inquired whether it had been presented 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 then read the certificate of the Governor of Kentucky, accompanying the returns.

Mr. ALLAN called for the reading of the certificate from the sheriff's of the fifth congressional district. Mr. WAYNE objected to its being read.

Mr. ALLAN then inquired whether the gentleman from Georgia meant to be understood as maintaining the position, that, because any individual 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?

that were done, Mr. W. would be ready to pass upon them.

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 The Clerk was now about to read the papers, when, on which he intended to found his claim to a seat. If 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 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 been informed from various quarters that this movement would be made, it would have greatly surprised him. Unpre cedented as it is, he was prepared to meet it calmly, and to submit 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,

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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 taken 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. MooRE) 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. 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.

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 decision the gentlemen present shall make; but it is my duty to do it with a proper reservation of my rights, and the rights of those who sent me here.

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 repre

sentative.

The reading of the papers then proceeded, and the election return from the fifth district of Kentucky was read, at the close of which the words "the votes of

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 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. 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:

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 day after the commencement of the late congressional election for said district, to wit: on the 20th day of August, 1835, we 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 poils, for said congressional election 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.
The vote of Lincoln county not taken into calculation.
JACOB KELLER, Deputy for

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 Stare into congressional districts, ap-
proved February 2, 1833.

SEC. 3. Be it further enacted, That the sheriff's of the several counties in each district shall, on the fifteenth day after the commencement of their elections, assemble at the places hereinafter designated, in each of their respective districts, and there, by faithful comparison and addition, ascertain the person

elected in their districts.

SEC. 5. Be it further enacted, &c.

Af er having ascertained, as before directed, the person elected in such district, the sheriffs thereof shall make out a certifiG. W. THOMPSON, S. M. C. cate of the election of the person in their district, which shall JOHN WASH, Sheriff of Ander-be signed by all the sheriff's of the district, and which shall be son county, by R. WALKER, Deputy. lodged with the sheriff of the county wherein the polls are comJAMES H. LOWRY, Deputy for pared, and by him, together with a copy of the polls, transmitJOHN DOWNING, S. J. C. ted to the Secretary of State.

H. OF R.]

Organization of the House.-Election of Speaker.

its first duty was to ascertain who were its own members. 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.

[DEC. 2, 1833.

ELECTION OF SPEAKER. of the House. The ballots having been cast, Mr. Janvis, The House then proceeded to the election of Speaker Mr. Ports, and Mr. C. C CLAY, were appointed tellers; Mr. FOSTER having, by permission of Mr. ALLAN, the whole number of ballots was 218, of which 110 were and, having counted the votes, reported to the House that taken the floor, proposed the appointment of a Chair-necessary to a choice; that there were man, to give order to the proceedings.

A member inquired whether a quorum of the House bad 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 accustom ed 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. FOSTER said the Clerk did not act as Chairman; he only read a list he had made out, on what ground, or by what authority, Mr. 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.

For Andrew Stevenson,

Lewis Williams,
Edward Everett,
John Bell,

Other scattered votes,
Blank ballots,

142 votes 39

15

4

9

8;

and that ANDREW STEVENSON, of Virginia, having re-
ed Speaker of the House.
ceived a majority of all the votes given in, was duly elect-

Chair by Mr. WILLIAMS, of North Carolina, from which Whereupon, Mr. STEVENSON was conducted to the he returned his thanks, in the following address: been pleased to call me to this high office. For this new "Gentlemen: This is the fourth time that you have and distinguished mark of your confidence and favor, I pray you to accept my warm and grateful acknowledg Mr. SPEIGHT thought it would be much better to by me as the best reward for any past service that I may ments; and whilst it will be deeply valued and cherished postpone this matter until the roll had been gone through, have rendered, it shall inspire me with a zeal so to conthe members qualified, and the Speaker chosen. A de- duct myself, as to justify in some measure the choice of bate previous to that, would only produce confusion. Mr. ALLAN replied, that if it were the custom of the country. Would to God that I was better qualified to my friends, and merit the continued approbation of my House to qualify the members before the Speaker was fulfil the arduous duties of this Chair, in a manner suitaelected, and the gentlemen from Kentucky would acqui-ble to its dignity and importance, my own wishes and esce, he should be more willing to comply with this sug-honor, and the just expectations of the House. There gestion; but the usual course had been to elect a Speaker are few stations, gentlemen, under our Government, eithfirst, and qualify the members afterwards. It was known er in relation to their elevation, or the nature and extent to every man, of the least observation or experience, that of their duties, more laborious or responsible than that the election of the Speaker gave a character to the House of Speaker of this House; and there probably has been and a tone to all its proceedings; and he asked whether no period in the past history of our country, when the his State was not entitled to have her full and just repre- duties of the Chair were more important, or calculated to sentation upon that floor, when an act so important was impose higher responsibilities, than at the present moabout to be done? Surely she had a right to demand the ment; enhanced as they necessarily must be, by the endecision of a question of such consequence, a question larged number of the House; by the increased mass of its which went directly to that vital interest of freemen, the ordinary business; and by those interesting and important right of suffrage. He admitted that the question was of subjects, which will, no doubt, be presented for cona novel and somewhat embarrassing character, and requi-sideration, and probably give rise to deep political exred 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 ques- taught me, not only to know and feel its responsibilities For the last six years, my experience in this Chair has tion of this magnitude to rest? There was no necessity and trials, but to know likewise how difficult and indeed to hurry a decision. Believing it to be conceded that he impossible it is, in an office like this, whose duties must had a right to the floor, he should now proceed, respect- often be discharged amidst the warmth of party feeling, fully and very briefly, to state the two fatal objections for any man, whoever he may be, to free himself from which existed to the legality of the paper which had been censure or give unqualified satisfaction; and especially in read at the Clerk's table. They were on the face of the times like these, when the acts of public men are not paper itself. He should not go behind it. Here Mr. BOON requested Mr. ALLAN to yield the floor passed lightly over, nor any very charitable judgment to him for a moment; but Mr. A. refused, and was about pronounced upon their motives. proceeding to explain his 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.

citement.

trustful of my abilities, both in their character and exUnder these circumstances, gentlemen, sincerely distent, I come again, at your bidding, to this high office. All that I dare hope or promise, will be, to proceed in the path marked out, and in the spirit of the principles which I laid down for my government when I first came Mr. LETCHER then proposed to Mr. Moon, that sire to discharge my duty with all the ability and adto this Chair. It shall be my constant and ardent dethey should both withdraw until after the election for dress in my power; with the temper and moderation Speaker had taken place. zeal and fidelity of intention, which shall bear me up due to the station and the House; and at least with a me to the approbation of the just and liberal portion under every embarrassment and difficulty, and entitle without that liberal and cordial co-operation which the of my country. But all my efforts must prove unavailing House have heretofore so kindly extended to the Chair. How much will depend upon yourselves gentlemen, individually, and collectively, in preserving the permanent

Mr. MOORE was understood as acquiescing in this proposal; whereupon,

The Clerk proceeded to call the residue of the roll; when it appeared that 229 members were present.

Those Representatives absent were Messrs. BURNS, CHOATE, PEARCE, MUHLENBERG, WISE, SINGLETON, BULLARD, E. D. WHITE, and PLUMMER; and, of Delegates, Mr. WHITE.

DEC. 3, 1833.]

Election of Clerk, &c.

[H. OF R.

On motion of Mr. MASON, of Virginia, the House then proceeded to the election of a Sergeant-at-arms. Mr. MASON nominated Thomas Beverly Randolph, (Sergeant-at-arms to the last Congress.) Mr. SPEIGHT nominated William D. Robinson, of Virginia.

laws and rules of the House, and giving dignity and char-that the House was organized, and ready to proceed to acter to its proceedings, it is not necessary that I should business. attempt to impress on you; nor is it needful, I am sure, that I should admonish you of the magnitude of your trust, or the manner in which it ought to be discharged. But this I will take occasion to say, that if it be true that this House is justly to be regarded as the great bulwark of liberty and order; if here, here in this exalted refuge, the people are to look for the security and safety of their free institutions, and to repose with unlimited confidence and affection, how important, how deeply important is it, that we prove ourselves worthy of the trust, and act as becomes the representatives of a free and enlightened nation.

Yes, gentlemen, animated by a virtuous and patriotic zeal, let all our proceedings, I pray you, be marked with forbearance, moderation, and dignity; let us diligently and steadfastly pursue those measures, and those only, which are best calculated to advance the happiness and glory of our beloved country, and render that Union which our fathers established for the protection of our liberties, imperishable and immortal!”

The SPEAKER then took the required oath to support the constitution of the United States, which was administered by Mr. WILLIAMS; after which the same oath was administered by the SPEAKER to the members respectively; except that when Mr. MOORE was called, it appeared that he and Mr. LETCHER had concurred in allowing the organization of the House to be completed before the question between them was again raised, and neither of them

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Blanks

112

114

2

The House proceeded to ballot, and Messrs. MASON, WILLIAMS, and WARDWELL were appointed to count the votes.

Mr. MASON then reported that 220 votes had been
given; that 111 were necessary for a choice; that
Thomas Beverly Randolph had received 158 votes.
William Robinson
Scattering
Blanks

54

4
4:

Consequently that THOMAS BEVERLY RANDOLPH, having a
majority of votes, was duly elected Sergeant-at-arms.
Mr. CLAY offered a resolution, that OVERTON CARR
be appointed Doorkeeper to the House, and WILLIAM
HUNTER assistant Doorkeeper; which was agreed to nem.
con.

The Sergeant-at-arms and Doorkeepers were then sworn into office.

Mr. SUTHERLAND moved that the rules and orders adopted by the last Congress should stand as the rules and orders of the present Congress.

Mr. HUBBARD wished the resolution modified, so as to except those rules which designate the number of members of which the Standing Committees are to be composed; as it was his opinion that, in consequence of the enlarged number of the House, the committees should consist of nine members, instead of seven, as heretofore.

The rules to be excepted (the 55th and the 76th,) were read.

Mr. POLK wished the resolution modified so as to provide that the members should sit in the House uncovered, unless under special leave of the Speaker.

After some further conversation, the resolution was for the present withdrawn, to make way for the following proceedings:

Mr. WARD, from the joint committee appointed to wait upon the President, reported that the committee had performed the duty assigned them, and that the President would send a communication to both Houses this day, at

1 o'clock.

A message was then received from the President of the United States, by A. J. Donelson, Esq., his private Secretary, and read at the Clerk's table. [Sce Appendix.] Mr. HUBBARD offered a resolution, proposing that

No one having a majority of votes, a third balloting was all the former rules and orders of the House be adopted, had, which resulted as follows:

For Mr. Clarke

Mr. Franklin
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110
117

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2

with the exception of the 55th and 76th rules, for which he proposed substitutes, going in effect to increase the number of Standing Committees, by adding one on the

SO WALTER S. FRANKLIN, of Pennsylvania, was elected Militia; to increase the number of such as heretofore con

Clerk of the House.

TUESDAY, DECEMBER 3.

Walter S. Franklin, Esq., the Clerk elect of the House, appeared, and was sworn into office.

A message having yesterday been received from the Senate, stating that they were ready for business, and had passed a resolution providing for the appointment on their part of two members of a joint committee to wait upon the President,

Mr. WARD called up the resolution for consideration, and it was thereupon concurred in.

Messrs. WARD and SPEIGHT were appointed members of the joint committee on the part of the House.

Mr. ADAMS moved that the Clerk inform the Senate

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