credentials of claiming members was not the fit mode of settling this affair. [H. OF R. evidence from the Governor of the State of 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, 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. Mr. WAYNE answered in the negative; but said that he wished the credentials of the gentleman entered on the roll should first be produc 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. 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 read the certificate of the Governor of Kentucky, accompanying the returns. 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 entitled to the seat would have been decided by the 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 Mr. ALLAN called for the reading of the certificate from the sheriffs of the fifth congression-not being disposed to retard the organization al district. Mr. WAYNE objected to its being read. Mr. ALLAN 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? 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. 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 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, 1838, 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 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. 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? 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? ceedings. 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. 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 Mr. ALLAN proceeded. He now understood of a particular person on that list did not make that the paper which had been read, was the him a member of the House of Representatives. document by virtue of which the gentleman Mr. SPEIGHT thought it would be much better who had just taken his seat, claimed to be duly to postpone this matter until the roll had been elected to the present Congress; and he ad-gone through, the members qualified, and the mitted that if that paper, according to the laws Speaker chosen. A debate previous to that of Kentucky, had been certified and signed by would only produce confusion. 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. 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 Ĥouse. Under the view of the constitution, it was competent to perform any act pertaining to the House of Representatives, and 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. Mr. FOSTER having, by permission of Mr. ALLAN, taken the floor, proposed the appoint 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. Here Mr. Boon requested Mr. ALLAN to yield the floor to him for a moment; but Mr. A. refused, and was about 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. Mr. LETCHER proposed to Mr. MOORE, that DECEMBER, 1833.] Election of Speaker and Clerk. [H. OF R. they should both withdraw until after the elec- | and extent, I come again, at your bidding, to this tion for Speaker had taken place. 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. Election of Speaker. The House then proceeded to the election of Speaker of the House. The ballots having been cast, Mr. JARVIS, Mr. POTTS, and Mr. C. C. CLAY, were appointed tellers; and, having counted the votes, reported to the House that the whole number of ballots were 218, and that ANDREW STEVENSON, of Virginia, having received 142 votes, a majority of all the votes given in, was dully elected Speaker of the House. Whereupon, Mr. STEVENSON was conducted to the Chair by Mr. WILLIAMS, of North Carolina, from which he returned his thanks, in the following address: "Gentlemen: This is the fourth time that you have been pleased to call me to this high office. For this new and distinguished mark of your confidence and favor, I pray you to accept my warm and grateful acknowledgments; and whilst it will be deeply valued and cherished by me as the best reward for any past service that I may have rendered, it shall inspire me with a zeal so to conduct myself, as to justify in some measure the choice of my friends, and merit the continued approbation of my country. Would to God that I was better qualified to fulfil the arduous duties of this Chair, in a manner suitable to its dignity and importance, my own wishes and honor, and the just expectations of the House. There are few stations, gentlemen, under our Government, either in relation to their elevation, or the nature and extent of their duties, more laborious or responsible than that of Speaker of this House; and there probably has been no period in the past history of our country, when the duties of the Chair were more important, or calculated to impose higher responsibilities, than at the present moment; enhanced as they necessarily must be, by the enlarged number of the House; by the increased mass of its ordinary business; and by those interesting and important subjects, which will, no doubt, be presented for consideration, and probably give rise to deep political excitement. "For the last six years, my experience in this Chair has taught me, not only to know and feel its responsibilities and trials, but to know likewise how difficult and indeed impossible it is, in an office like this, whose duties must often be discharged amidst the warmth of party feeling, for any man, whoever he may be, to free himself from censure or give unqualified satisfaction; and especially in times like these, when the acts of public men are not passed lightly over, nor any very charitable judgment pronounced upon their motives. "Under these circumstances, gentlemen, sincerely distrustful of my abilities, both in their character 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 to this Chair. It shall be my constant and ardent desire to discharge my duty with all the ability and address in my power; with the temper and moderation due to the station and the House; and at least with a zeal and fidelity of intention, which shall bear me up under every embarrassment and difficulty, and entitle me to the approbation of the just and liberal portion of my country. But all my efforts must prove unavailing without that liberal and cordial co-operation which the House have heretofore so kindly extended to the Chair. How much will depend upon yourselves, gentlemen, individually and collectively, in preserving the permanent laws and rules of the House, and giving dignity and character to its proceedings, it is not necessary that I should 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 inand affection, how important, how deeply important stitutions, and to repose with unlimited confidence is it, that we prove ourselves worthy of the trust and act as becomes the representatives of a free and enlightened nation. patriotic zeal, let all our proceedings, I pray you, "Yes, gentlemen, animated by a virtuous and 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 was sworn. Election of Clerk. The House then proceeded to the election of Clerk of the House, Mr. POLK, Mr. HENRY KING, and Mr. MANN being tellers. WALTER S. FRANKLIN, of Pennsylvania, was elected Clerk of the House on the third ballot. TUESDAY, December 3. Walter S. Franklin, Esq., the Clerk elect of the House, 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 pro viding for the appointment on their part of two members of a joint committee to wait upon the President, Mr. WARD called up the resolution, and it was 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 that the House was organized, and ready to proceed to business. On motion of Mr. MASON, of Virginia, the House 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. 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; and having a majority of votes, was duly elected Sergeant-at-arins. 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 sworn into office. A Message was received from the President of the United States, by A. J. Donelson, Esq., his private Secretary, and read at the Clerk's table. [See Senate Proceedings.] WEDNESDAY, December 4. Mr. ALLAN, of Kentucky, called the attention of the House to the question of the contested election for the fifth congressional district of Kentucky, which was pending on Monday, and which was deferred by their consent, until the organization of the House should have been completed; that having now taken place, he proposed to proceed to the consideration of the subject. [A gentleman from Alabama (Mr. MCKINLEY) rose.] Mr. A. could not on such an occasion waive his right to the floor. Mr. MCKINLEY said: I rise to a question of order. There is no distinct question, that I am aware of, at present before the House. The SPEAKER said that both the gentlemen claiming the disputed seat, had agreed to defer the question of right to it until the organization of the House should be completed, and that having been done, he conceived the gentleman from Kentucky (Mr. ALLAN) was not infringing upon the order of the House in calling their consideration to the subject. [A discussion then took place in which Messrs. Allan, Chilton, Ellsworth, Beardsley, Polk, Ward [DECEMBER, 1833. well, McKinley, Burges, and McKennan, took part; and which consumed the sitting.] THURSDAY, December 5. Kentucky Election. The House then resumed the consideration of the contested election between Mr. T. P. Moore and Mr. Letcher. Mr HARDIN thought, from what he had heard on the preceding day, that many gentlemen had felt embarrassed, owing to the question not being before the House in a tangible form. He would offer two resolutions, the object of which was to obviate this difficulty. The resolutions were then read, and being amended, were agreed to as follows: Resolved, That the Committee of Elections, when appointed, inquire and report to the House who is the member elected from the fifth congressional district of the State of Kentucky; and, until the committee shall report as herein required, Resolved, That neither Thomas P. Moore nor Robert P. Letcher shall be qualified as the member from said district. tions shall be required to receive as evidence all the Resolved, further, That the Committee of Elecaffidavits and depositions which may have been heretofore, or which may hereafter be taken by either of the parties, on due notice having been given to the adverse party or his agent, and report the same to the House. MONDAY, December 9. Election of Chaplain. On motion of Mr. GRENNELL, the House pro ceeded to the election of Chaplain on the part of the House; which resulted in the choice of the Rev. THOMAS H. STOCKTON. TUESDAY, December 10. Death of Mr. Singleton. Mr. PINCKNEY stated that he held in his hand certain resolutions, which he would respectfully ask leave to offer for adoption by the House. He believed that it had always been customary for the House to adopt suitable tributes of respect to its deceased members. The South Carolina delegation had heard, with deep regret, of the death of their colleague, the honorable THOMAS D. SINGLETON, and it was his painful duty to communicate that mournful information to the House. He died at Raleigh, whilst on his journey to the Capitol, whither he was hastening to assume his seat, and to discharge his duties, as a member of this body. It was a source of grateful consolation to his colleagues to learn, as they had done, that he received every possible attention during his illness from the kindness and humanity of the citizens of Raleigh, and that the Legislature of North Carolina, in a manner equally honorable to him and to themselves, had evinced their respect for his public character and private virtues, by attending his remains to the tomb. [H. OF R. move an adjournment of the House, he would, as an additional token of respect to the memory of the deceased, move that the House do now adjourn. The motion was agreed to; And the House thereupon adjourned. FRIDAY, December 13. Bank of the United States. Messrs. Gilpin, Sullivan, Wager, and Mc- duct of that institution. Mr. POLK moved that it be referred to the Committee of Ways and Means. Mr. ARCHER had not the slightest wish to give this paper any final disposition which should take it out of the hands of the gentleman from Tennessee. But suppose the House should determine that the Secretary's letter on the Whole, would the gentleman desire this paper deposits should go to the Committee of the to take a different course? As to calling for the yeas and nays, Mr. A. said the gentleman ought to know him too well to suppose that the yeas and nays had any terror for him. He moved to lay the memorial on the table, and print it. It was true that the deceased had not had it in his power to appear and qualify as a member of the House. But as it was well known that he was a representative elect, and that he died whilst in the very act of endeavoring to reach this city, he certainly deserved every testimonial of respect to which he would have been entitled if he had actually qualified, and might justly be considered as having literally fallen in the discharge of his duties and in the service of his country. It was the fortune of Mr. P. to have had but a slight personal acquaintance with the deceased-but that acquaintance, slight as it was, was sufficient to impress himnounced) certain matters in relation to the conwith a high respect for his intelligence and virtues as a man, and with a deep conviction of his exalted purity and devotion as a patriot. He would not detain the House, however, with any thing like a regular eulogy of his departed colleague. To those who knew him, it would be entirely unnecessary to those who did not, it might prove uninteresting. It would be sufficient therefore, to say, that he was eminently honored and beloved by his constituents, amongst whom he possessed, as he deserved, almost unequalled popularity and influence; and that whilst his death inflicts a deep wound and an irreparable loss upon his immediate relations and friends, it may well be regarded also as a public calamity to his particular district, and will assuredly be a subject of regret to the people of his State in general. Under these circumstances, he proposed that the House should pay a becoming tribute to his memory -well knowing that it was not only in conformity with the usages of the House upon similar occasions, but that it could not be bestowed on a more worthy man, on a purer patriot; a man, of whom all who knew him concurred in the memorial to the Committee of the Whole The question being then put on referring saying that his private life was a beautiful exemon the state of the Union, the yeas were 96, plification of every Christian virtue, and that, and the nays 133. The memorial was then reas a politician and a patriot, he uniformly ex-ferred to the Committee of Ways and Means. hibited an ardent attachment to the rights of the people, and to the great cause of constitutional liberty. With these few remarks, which he had felt it his duty to submit, in justice to the character of one whose memory deserved a far better tribute than any he could offer, he now proposed the following resolutions for the consideration of the House: Resolved, That this House has received with deep regret the melancholy intelligence of the death of the honorable THOMAS D. SINGLETON, a representative elect from the State of South Carolina. Resolved, That this House tender the expression of their sympathy to the relatives of the deceased, on this mournful event; and that, in testimony of their regret for his loss, and respect for his memory, the members will wear crape on the left arm for thirty days. The resolutions were passed unanimously. Mr. PINCKNEY then said that, as he understood it to be customary, in cases of this kind, to Mr. POLK demanded the yeas and nays on the motion; which were ordered, and being taken, on laying the memorial for the present on the table, stood-Yeas 107, nays 119. So the House refused to lay it on the table. On the question on printing, the yeas were 140, and the nays 4. So it was ordered that the memorial be printed. WEDNESDAY, December 18. Bank of the United States. Mr. BINNEY presented the following memo- The Board of Directors of the Bank of the United That, by the charter of the bank, it was stipulated between the Congress of the United States and the stockholders of the Bank of the United States, that in consideration of a full equivalent rendered by them, in money and services, they were entitled to the custody of the public moneys, which were not to be withdrawn from it, unless for reasons, of the sufficiency of which Congress, and Congress alone, was the final judge. |