Below is the OCR text representation for this newspapers page.

FORI IGN. NORFOLK, Jan. 6. Capr Gordon, who arr v il l.c* on ?*ur day in the (hip II ijjh'aml M r , in 15 d-ya tr< m Bordeaux,Lai. f v< reduswuh th M r.- ileur, ard other Pari* paper* t’ the oih N -- -liber, and the B rdesux ps>pr* to the 2s>h of be fame nv mh ‘1 he in t'oj< nee which hey contain is of tbci i;.h ft mpor*anoto the p li’ioal w /tl, ad fn ad-ndhirg, tj,at it is difficult tobvlieve th-.r w* are relatn g f ft'. Theevm tvliicli tirll attrafts our attention, is the rapid advance i f'he French grand ar m to neat V emu Wt do nt.t perceive by any if the paper* we have r ce’vcd, tha’ the emperor of the French had uHualiy entereu Vienna, but hr was within a tew lea ut* of ft a c pual, and. no er.emy to rppote h m 4i, f ft, hr only . e'ayed hit entry, in order t ;.irjuu lofnceereerc rita s, and to make it more 1’ iftnn ao<i tmpreSve. 1 will appear ii credible ‘.ha* t, mighty empire thoold be ov. . tir ■o.'o i jtx tht, and without cue bat tle ir hich :,,e ancien valorofthe nation was and fplayrd. The pubhc are already in p (T (Ti iof t e opera.ions of ar tnv upto the c ipitulttionof 1)1 ir.. Immedt* a>i-lv after iliatevent the grand arm puffed forward f r the capital f the Austrian em ir The refinance wh ch it exp*ri*r,ced rsue ailed in the bu'letins f the army. That jr (V uld iot have been couliderable, thr ra pid advance < f the French ass ndtconcUliVe cv deuce. The battles wh'ch were f (> iit, m rc re errble a war of fkintnfhiog 1 for |n s than battles which were to uetremine the f\e id a mighty empire. Fr< m the .-cc ju..>t, published in the Finch hullet us. it appear* that the meetit ganjdc- Kt ng their enemy, weie rhe lame. T'he m riern . jefar may, in imi’ ti n f the an c i-nt, fay,.vein, vidi,v ; c !T• e Austrian ca se net ppear iioklsc ms pan he ar mics arc iiif.riated. The emper rofAu - tri . lb and II <i Ins dpi al on the approach • f the French, and te’indto Bohemia lie cat in t n t.s place reliit ih i.defti nos an anecdote of Bonaparte, well lc town in he dipl mane circles fi Frri , an.! relrid to us b ; a Sent' 1 mail .f veracuy fr m Pm ce. borne time lad f.unmer, Bon parte, in I’pe Be ing to the Austrian th mfte-, ol lVrven ‘Y nr n lifer wants war, d.es he ? te I him from nv , ha if he obliges me to goto war, I Wi ilcep in sis bed i fore C ‘• iltmns.” That hr will pets nn oi p ..niie, the pitfeutck tads funiciently pr. ve 1 , Laly the Fiench ar~s h >ve in every in- C nee been a'tended wi h luc es , but the A clidhkf Charles, has c nred dentil .llas f a nke a foidier, and i bugt and ms luperi r t .urn to pun.li fe v lorn- ixpence the v c tr es which he ha* gained 1 appears to I; be determination of the Autlrian and ltuffian generals tc center al heir fo.ccs ii H hem a; he Auttri -Ruffian army has n re ired into that Ki’ gdom. The K.i g of PrulU , 11 uwithftanding all the langm ie h -pis t lertaine I of hts bee m l"’g member I tltsc adheres to hit neutral 1 y, or rather continues h s par tiality tor Hi ace, and h'S uic uquerable bitred of Aullria. Every ex -tin we may in tine has b en mi eto iltu him f i.m h fynem The emperor of iiuili.arriv.il a’ Berlin on the 15 .1 it 0.1 ‘Her, w ..ere he wn received h every mark of diltin&ton fin life t 1 hi exa ted ra k, hot the main b j .1 fhisvli, ltd cs not appear probab.e, Will he acc .nplilh ri. N mvi liliaildt g the fuccefi . f Fra ce, (h,- i tali g another mll l< rmi l ible arm of ;03,r>00 men ro foil w the g and army ei ther'o lec md it* operations, .r to aft as an arm ol reserve in case ,fie and France lias concluded a treaty with the king f Naples and two t-cii.jes, bv which it 4* ltipnlated, that France will withdraw her troops from the elUtes of th it ki g, provid ed he wi ln >t permit the f ire-* f th* com bmid p wers t > pass thr ug't In* and minions we tli-all pub'itli this treat) 111 lUr next li her ti lances, -France experiences gnat em birr if nent. In addition to ivh'ch tie great banking Houle if Recamier, ha* lutpenuid Iti pay ments The Englifli grand expedition had arrived and anded at Cuxhaven, the Fr, nett appe-f t.. r .t it with derilijn, nor fi. mrhe’pr tin al'ped if afTurs and .es it .ppe ir pr-babeiha it will He blet re dcr any important fervict tn the caulc of'lie a lies. l.i fev-ral f tie Pi i* ands me of he Get man j units, a c.is'rtsimi. p„ace k fu >|i iVd t iheceit ihi and rniwili ie. 1: wj be bfcrvrd that the hn tr r fine in and wV> i’ pr-'cee (h i-tty co Vlu.nci to holds gc ter l congress f-r that pu p fe; it is c-'n tident y .tlf-r.e Ii fine f ■ti le ,j urnal* th it the ini ier irs f Kufii and Aunria h,V; made vn un t i the It, n r >r of the Fre.iCt thr ugh Ue mediat’ n f P.nlfi*. iV tth li gtaiid, F nice appears determn l ti nr I’et.u e ih; wir with vg r. Aire.- dv has ihe c mine ‘ted the f •rm.itton cjf ai other c imp a tio. g; e, at wmcli pUcea pet the imp rti ii gu rils had .fluim at rive I. a ui’P ire, i ■ f .id, as he palled so ti c Khi e, utile, vtd, that he w u u fpe,id his Chi um s in V emu, and Eiter in'London. W .i he we a.mii that he is punctual in m il ft h s prom fes, w- veil u.c to p.ednfi ilpt h wnl u - Grip his, tne defeat f the c unbilled Heeet wis It ii a i in trance, iUe oiotuteur preierved a fuilen liie ee- SIXTEENTH BULLETIN OF THE GUANO V.t viY. He and, nth liram ire,year 14. Prince Mur At cmititiH. and his pu'fuit of the enemy, and airived on the <f h otfore Lam bach. The Andrian Generals, fee mg- -that their troop* c ul t no longer h Id ou ; made 8 ifulfian battalions advance ro proteA therr rerreit The 17 h rtgime.lt of infantry of the he line, die .it ranger* and the h dra go-ni* cuargcd the \uffi ns with inijieruoin*, and, ftr a bri’k ti-e I nijiketri, threw them i. 10 ands rdcr and ed th. m as far as Lim b.eh. We made i -n oi.eit, atnangwhom ab in a hundred an tiuifiaus. On the 1 th in ’h ■ m niing, Prince Murat writes thaige- era! VV Iter, with his dfvilion ot Cavalry, 100 k. p ffe.fi 11 if vVils. Hie dt vdi nos dragoons of general Beaurft >nt. and the llt divift mos the c>f is f she army f tnaiihal L)avmi 1, commanded by general Bis fe 1, tjok pinle.fi mat L t noish. Theomlge Upon the Tr ui as cm and w.i; ma.ihd L) 1- v nil cau ed n >0 be rtpl ted b a I r.dge of boats The ei.e ny atucKtd to defend the left bank Coiouei Valtairv, tut jo.U rvgi me It, rulhed ones the tiilt i.u-i a b at and cr ffe 1 the ‘iver. Ge itral B’ff'n, making dlp ti Ims to cr 1 over, recc.vad a 08l in Uic n m An nnerdivifi mofthec rpso'marllu! Da vnutl IS bemud Lamn Cos On tlie r a 1 to 5 , yer. l'he reII ■ f his c -ps of the army is c.. me ie'g 1 * f L m >aeh. Martlul uit wnl arrive this evening at Web. vlar.hal L.innes will arrive this evening at L’ < r cis- -eral Mai m it is mtrehit g to tarn tne pod io 1 f the river of be linns P ice Mur it h U m-s great praife* on Co lo-el G u uv, r u ci".;n rtviee f e-h re •gimeat of uda'itry yf me line, it wo-ni be j • mpoffii.'f f r the troops, under any circum il:-1 res, to flicw more impetuefity and Cou rage. At the moment of his arrival at Salzlmrgh, M-pfnal He-nadotte de - sc cd General Keller man at *he head of his advanced puaid nr purfuir of a c mmn of the enemy, winch was re'reatirghy ihe read ot Carin’lia. I ll.el tyrednfe f behind the fort i flb tfe mg in the (Lti'erf C'l'ir.g H vever ftruj is pofi. ‘l'm might be. ‘he carbuieers of the 37th re gme it f t’ghf infantr a'tackcd r w .th im ne:u fi*r. General Werle made captain Camp. U ne go reu'd the fort bv aim ,11 im ;>• ftx .lib-wavs. Fve h ufand men, three fbehom :re officer:, . ere made priloners Thee’ emys column/h ee th- ulat dn.e 1 It rung was ands ‘.erled in the h"gh'S IVe have f und such a quatiri'y of ,ms there, that we rein hopes . f nicking up a great nv ny pr'f nets. Gei.cra K-riermav elf ■ * g'ra’ :.raiF on toe cord.-ft of the chirf 4t iAIa :a Bur ,e La r'.ur General \V<iie iiau nts coat ihot to ray 1 Ocr advanced p fts wri'e f' r m Weis that the F mperor of Germany rr*ved ‘hereon the *s'hO ‘- b:r; that he ther learrerl ihe fate •ff army of lllm, and that he was convin c dw: h h s own e es f the frigb ful rava g 5 .vh ch the KuSi n* are con mining every where, aid of ‘he extreme dilcontem <f h t people. I* is aftered th>r he rrurned to Vienna wnhou’ alighting fe in h s carri go. The ground is c vend withli. w ; he rainjare v r j the cc Id has set id, it is pret ty rig ur us; n is not a btginni, g of N< • vomber, bill anvni,i r 1 J innary ‘l his wea h” eg drier, has the advantage rfbeivg wiiol ioi er and more severable to cur march. StrtKTF.xKTH Bmitrnt or xhk Cx-iad . k.ur I.smbach, ’lth Hrumaire, year 14. To day the it h, oarflial Davouli has his adva’ Ced pr fts near ‘*e\er. Gen. Mi'haud, ‘vitl, ‘he eel’ rve . f ’he cavalr under the or ders of Price Mura*, entered l.intzon the ioflj. M rlh I I.aunes arrwed there nn the 1 ’.th, with his carp-, of the army. ConCdera ble nifeganires “ ere f nar.d at Lin z, the in ventories f which a e not yet arrived; in the h li'ta 1 were many flek, among whom a hu> dred Russians. Some pritoners were taken ameng wh >m sis y Russians. In the aftion of Lamhach, were two pie ces ol Russian cannon among th fe taken A in sian Ge eial anl Colonel of Aui.nan huiT rs were killed. The w und w inch Gen. B ff.u, Cnmman d.v of *he firft division of the corps of the rmvrf f arllial Davoufl, has recen td in the arm. ; s fufli ienilv fen us to prevent his ler vl”g during the rest of the campaign. Is, however, not dangen us. The t mpe-or his g.veil the command ot this dmfloiiol Gen. Cartfarelli. Since nur cr. (E ’g the Inn, we hive taken between fifteen and eighteen hund est p lon er', Auitr ansand Rulliaiis, without cumjari fing the lick. Vienna is in the utmost agitation and dis or er It is fald that the emperor of Auft ia, fe tledat the convent of the Uenedifti. es of M Ik. Ii appears that ti e relt of th month . t November will fee great and important events. Mr. I.ezav, mimfter of France at Salz lilt g 1 had an audience of ihe emperor at the moment his m jelty was setting If fr m Bran au. He lud not nil then ceaftd to re side at >a z urgh There is no rows of 4r LarochefoucauM ; he 1* rh. u yhi t > lie lli'l at Vienna At the in mi lit wlvii the Auftrimi army cr. (Ted the Irn, he sficed foi h'S palsport, w hich was re fufed him Several Ruffian deserters have arrived to day. The corps of general Marmmt set oft fr m Lamhach o 1 die • th at twelve o’clock The emoerorh s eftiblifhed his headquar te.’ vi, mi >.ich, w here n prefumed ne will pals the whole night of the i2.h. The feafm c ntinues very rig urous ; the ground is covered wi;h friow.at'.d the weatlier ve ■ cold Vt Lamhach magazines of fait were Fund, to de v Ipe offeveral m i ions. In thecheft . f Lituz were several hundred thousand flo rins. The Ruffians have laid every th ; ng waste at We s, Lombach a’ and all the fj ioundirg viliagis. In fome villages they hve kil eu eight or ten peal’aiits.. TWENTIETH OF THE Gri. ‘ NO ARM if. Liutx, 16 h Bruinairc, (7 h Noy.) year 14. The engagement of Amftcrtem did great honor to the cavalry, and particu lirlvtoth 9 h and io;it regiment of hufTars, and u> the grenadiers of the di vilion of gen Ou inot. Th • Riifftans have fi ice accellerated their retreat—thry 111 vafu cut down the b-idges upon the Ips, wh ch tv.re qci k ! y rc-tllabliihtd, and Pi luce Mu, at uirivid as far as the Abbey of the Moik. A recennoitering party has polled off to B ihcmia. We h ive taken vry con* ii Itrable magazines, both at Friyftadt an at M ittenhaufen. Marshal Mirtier, with a corp* of the army is mancevrting upon the left bank of the Daneube. A depuutaiion fr. m the fenatc is jull arrived at Limz. The eledor of Bavaria is cxpetled here ic two hours. Lintx, 17. h Brumaire, (3th Nov.) year 14, eledor of Bavaria, and the elec toral P 11.ee arrived yetferday at Lintz. L ieute >aut General Count de Giulay, f, nt by the emperor if Aullria, anived lure in the He h u had a wry long conlerjnce with the emperor.— Tne ol j .-A of his miffi in is u known. At the battle of AmHcrLm. we took 1,803 prsloneis 700 of whom ate Ruiruus. Prince Murat had eft.-h’ifhcd his h ad q lartvrs at the Abbey ot Mo k H s advanced pods are near St. Pollen (3t. Hypolite.) l>n the 17-h genera! Marmont direded hi* march luwvrds Leoben. On bis ai - rival at Weger, he met the regiment of Giully, charged it, and took 400 pri -1 hit', ait'.iig whom are one coitrad and levual offi cu. He cor.tinue-d his mtrch All the cn’umns in the array are in grand ma. ce .vre. TWENTY-FIRST BULLETIN OF THE GH iNI) RMY, filoh, 19 ti B'uinaire 10th November year 14. O 1 thr 16 h B'umare, the army of M sr*ha! Dev nil UHeCtc.i its match Irom OLvu to Nay Jiiotfcn, Manenzcl* aud { Li- r-field. Bv th's movement, it ex tended its front hevond the left of the e Dtmy’s army wh ch was supposed to be ready to make- a Hand on the heights of St Hvpolite ; and from Ltlcnfield it niatclted towards Vitnna, by the high road leading dircdtly to it. Ou the 17 h the advanced guard of this maiflui being yet several leagms fr. m Mancr zed, met the corps of ge , Meerfcldt, which was marching toward* Neuditadt ter the purp fe of cuvtrtn/ V enna on that fide. Ihe gen - of Bri gade H ud ielet, commander of Muifha! Davoull's a ivanccd guard, attacked the tiicir.y with the grtattft vigor, r:uttd h’m, and purfuvd bun for the space of five Icagu s The rcfult of thi* engagement of Ma ritnzel, ini the taking of three Hand of colou s, 16 pitets of cannon an 4 000 pnfo ers —among whi m are the coin riels of the regiments Jotepn dc Collere do and Drutfchmeifter, and five m. j The 13 h regiment ot the hue, biha v< and admirably well. On the 181 h, in the morning, Prince Murat arrived at St. Hypoliie. He gzve dirrftion to the general of brig de ot D’ a'oons Seb.ftiani, to pvfii orward lowa Ida V.eiiDa All the court and grandets have left that capital. It had already h'en announced at the acivanctd peftsomat the tmpcror was p -paring to na. The Ruffian army has eff £lcd its re treat to Kutrs, by ntr.-fltng tht Danaub feaiing 10 and uht, tiifcr hs communica tion* with Moravia cut iff, by the move ment winch Ma (h -.1 Morticr made on the left bank ol the Danauhe. Gen. Marn o .t mull have p; (led be yond Lfobto. The Abbey of Mn'k. where the empe ror lodgts is one of h tin ll in Europe. Tnere is not enher in Fiance, or I aiy, that cn be compared to it. It is in ■ ilrong pofitior, and commands the Ha nub . It was one ot the a* pi Its ot the Romans and was call'd The Ir n Houft, built by the emperor Commouu*. Tin- sand vault* of the abbey were full o‘ veiv g"u Hungarian which has beet, of g eat hdp to the a-my ; nut W'e are ni w in chi wine country —ihtri is a great i-al ill the environs of Vu-uca The enp ror has ordtreu a particular faf, yuan to he pia ed at the raffle of 1 uIU hlofc, a fniall coon ry (eat helcng ittp to tht rr p ror of Aultria, on the left bai k 01 ok Danauhe. The aier'Ueß of Vunna rn this fi e do not ref nb.e the avt nue >f grtar capi tal. Fr<m l.in’z. * Vicn', the e is but one liigh road ; a giu.t mu, y rivers, such as thf Ippf, the E ph, he Mi k, theTrafei, &c. fiave 01 y had wooiien bridgesov;r them. The ciumy -s co vered wi'hforifts of pine tt-cs : a’ evi ry ttrp in,xp|gliable pufitions, wh -e ihee nemy in vaio endeav'ired to make a fian". he was always app'ehei.five of . ein h’mfeif pass C and turned by tht loiuiin s which ma. cr vrrd btyond hn- fl - ks Fmm the Inn hither, the I'anauhe i bcautiiul ; its pn fp t ti* are pitturi q 1 ; it* navigation down the riv r, rapid ant. easy. nil the int*rcepted letters speak or!y of ihe frightfil chaos which Vienna tx hibits. Theyarwa undert. k nby the Auilrian cabuct agaii.it tl e ai!v : ce oi ai the princes of the Imperial family. But Collertdo, ledby hit wife, who, a French woman, bears the 1; li > nvenoanet* hatrAi t o her country ; Lobcn.zd accuilomu’ to tremble at ilie very name of a Ruflian, in the per fun fin that every thing mull bend Li fore then, and to whom more over, it is pcfiibe the agents of England may have fi-unc means to introduce them fitvi* j in fine, that mifcrabie Maik who had already atVd such a great pari for the renewal <>t the second Coalition, thtfe ate the irluenres that have proved llrnnger than tlole of all wfe nun an. of all the members of the Impuial fami >y- There is not the meanest citiz-n, the lowell subaltern, but i o c t hioun th t this war :■ advjntageous oily lor the Eiighih ; that they are the artdiceis of the mistortunesof Europe as, by their monolopy, they are the <*u hors of ,he exorbitant price of prov.lions P ‘iRIS, November 20. The public were vdt rday in cxp r fla tion of receiving the lonformat o of the news afloat lor Tone days pull, upon tne entry of the Frcrch into Vienna, which was to have trken place ou the idih Aru maire (10th Ndvemher ; ) but tne 2I it Bulletin, which the Moi.itiur giv t dat ed from Molk the lam and y, m-king no mention of this dcfirable event, seems to belie the news. However, if it be >b served that on the morning of the ißlh, Priuce Mu-at was on'y 12 leagues :rom Vienna, and that he tie aihed the fame day a corps of diagoons towaids that citv, fr'm whence the emperor and hi* court* had already oepar e , it will rea dily be conceived that, tncre being no further r finance, the firft division of the army ma/ really have entered that capital the 191(1, 5c pifli >ly the emperor Napo leon himft.f may have made his entry the fame evening that the Bulletin is uated. In circumflar-ces of such mo irenr, it is not aftun filing that public rumors fhoulj precede 3 ew da vs the offi ul reports It s pcffiole that lptdicr cjmmuui cuiiuns, or fame that gams in us carriage, arrive sooner and are mutilated by the exaggeration of public avidi y. For infiance. Ru iiior was yefierday Io bujy as to spread new; r\f peare, the ’ef.ii! f w’ ich are so very vayue ai uncertain th it no attention can a yet b paid to them. It wns ad ded that 1 >rd Mai row by is ro flipulate for fcngland, in the pen eral treaty- Be this as it may, teace was certainly not the prim Mvr objedl of rh noble loru’s mifTi'in. Bur it is the fa’e of Mr. Fict ever to f-e hi -1 prejeds rum in an ix raordinary mann r. The d.'r.ou cem nc of his politi cal dram 1 hai t equality requir ed bv Ar fit)t ! e : it is aiw .ys ii- I'jrefeen . Th- expedition that he has I 1 lo u been o.edua- ng is at itngth fa ltd, apaii.ft ad txpec tatuin. He wilhed to filenc the \ bur, ro iv id one r - proa h, lit exposes hi'n elf to re ceive a greater. The delay at tending u wu a ridicule’; the expidition itfeif, in such circu r- It inc s, is a capital fa 1% a f'ejb blunder if its pn jeflor be no: al lured of his aears. Mr. Pitt begins r .og ow Jilt a;Td ■, he en* tangle, ni nIV? ii the nets w ! ii< h his own peity tricks fi-ft fjoeau or him ; he h*s loft his senses befire he h s loft ’.he iriniitry. But to ;c uin ro the affairs of the conrini nt, wh tever tru.h or alfhood ihete may be in the new rumors in t ircu a ion, we can b uineno to y or cicditing them. So many wr.nders w ought m lo short a ti ne, ren !er every thing ciedibie. Ic is more ni ’ural ;o luppofe that the Fiench ao!I a a<e peace in Vunru, thin ir was o presume that they wou and be rr ere4s ci-.ys alter rici. q >ic 1 >ng Sti* Iburgß, Tins war. whii h ni'V Hereafter b- ca led the fix wetKs wir will bent ire cel tva e-i .n hiltory than he fever tar wir, or even thi ty )ea s war j and, as no othc* war is oo e repl te with extra) dmaiv even s, it is r a:on tble t bcl.tve tat the pea e which mall hi I’ w it, w ii have more import, n r-fulis for the future trnquiht) j 1 Luro 4 e 1) K H A T b . O r the House of Rep-efentutivps of the Uh e l S.aies, on the coutetted elec tion o Cowli* M'-ad, eq. returned to ft rve as a Repn Tentative from Gtor fe ia December 23.24. The fobowtng i the report cf tht Con.mittec of Lhdtioi * in this case < REPORT. 7 ‘he Commits eoj E'cStmt, to whom was re trruithepeli'ion of 7 homas Sf aiding, cl tmirg a seat tn this House, as a te r re sent... i't n< tie slate of Georgia, tn tie pi ce of Cowles Mead, who has h en f ( tut ne t, und taken a sea. in the Home h,iwng had the same nn hr con ft deration, an t heat and the pc. ilioner una Jiatng v ern ier thereon, REPORT— TH ‘-'F, by a llandiig law of the (late of Georgia, the eii crion of peiione to r-eprefrnt that Hale in this H- ufc, was riquired to be hohlen on tin fHt Mon day of Otlober, 1804. m th- refpedlive ceuntiis throughou. 1 lie llatc ; tha three or mo-e county magiilratcs were r q tired to pr. fide at the tlediou, in each of the couutxs, to reiurn the names of tne can didates, and ihe number and names of the votes, with au accurate state of the poll, and ro tra fmit their said returns, by exprr fs, to the governor of the Hate, within 20 days .ftci doling the poll at laid eiiCt’o.i ; that the governor was re q lire.’, within 5 day* after the expiration ot he laid 20 days, to count'up the votes fiom the fev, ral counties, or such of th m at might have made r turns for each txifon, and iminei i.*tcly thenafter to lflue his proclamation, declaring the pet lons having the highest nu nberj of votes, to be el-Aid to repreftnt the Paid llate io the H~ufe of Representatives of the United States, and to grant * c< rti ficate thereof, und.rthe great seal of he Hate, to each of them ; that, by an ofii cial certifi ate from the secretary of said Hate, it appears that the vote* from the counties of Tatnall, Liberty and Camden, were not returned to the governor within the said term of 20 day* after the elec tion, nor within the said further term of five days thereafter ; and that of the votes given at the said eliAion, and returned to the governor within the laid term of 20 days| C iwles Mead had 4418 And Thomas Spalding had 3-69 Given the said Mead a ma jority of 169 That the Governor, in pursuance of the law afurilaid, counted up the votes io returned to him within 23 days, an • thereupon IfueJ hts proclamation, de claring that tne faiu Cow!.-* Mead wo eleAcJ, and gianted turn a certificate thereof. By anuther certificate from thr secre tary ot tile laid Hate, it appear , tha. af ter the govtruui uad itiueo lit* prociacua tior. vrforeT 1, ■ *4’ i, on ihe 27‘h nay of November, ißoi, the reiurn* ui the vous (.iveo ai the find election, a ;ree<- ble to the law aforefaid, in and by the countie; of Tatnatl, Liberty and Cam den, were received by the governor, be ing tranfc-iitted by the prefidinf magi itrates of said counties rel'pe&ively ; that both of the said certificates from the se cretary are in due form of the law ; that the fai<i returns of the votes from the three last mentioned counties, are con formable to the law in every refpefct, tx cept that they were not transmitted to the governor within the limited time of 20 (lavs after the election ; that, of the votes 10 returned from the said three counties, after the txpiration of Lid 29 days, Cowles Mead had 2 J And Thomas Spalding had 235 which, added to their relpedbve numbers of votes, returned to the governor within the term of 20 days, and counted bV him as afoiefaid, Given to Cowles Mead in the wh de And to Thomas Spalding in the whole 45 °4 Leaving the said Thomas Spalding a maj of 3 6 The petitioner offered depositions to prove that the case of the failure in the tranfiniffion of the returns from the ikn#fe v !alt counties to the governor, within the 20 days after the election, was a hurri cane which reudered the roads impassi ble ; but, as the lilting member was not noticed to be presented at the taking of those depciit.onß, the committee were of opinion that they were not aumilliblc evidence. Tne petitioner then proposed to pro cure other evidence of the fame fatt ; a. and the fitting member proposed to pro cure evidence to the contrary, that the roads were pafiiable ; but the committee being o. opinion that it was not material to the quettion before the House, whe ther the said failure wa3 caused by the adt of God, as alledged by the petitioner, or by the fault of the returning officers, or the defect of tl e law, in not providing a penalty upon officers for negletting their official tu y of tranfenitting the returns, old not receive any evidence on that point. The fitting member fluted to the com mittee that hecoiili, as he was assured, by fending to Georgia, obtain > proof, that tile eicCtiun m the county of Tatnall was ir egularly held, £0 that the whole return ot that county ought, for that caufe’, to be rejected ; out, finding by caicu a.ion, that it the votts of that coun y, ot whicti 24 were for h.mldf and 40 tor the peti. loner, were let aside, it would uot affict the result of the election, he waved ihatourj dtion, and relied his claim upon the principle that the votes of all he three fall mentioned counties are void by the law of Georgia, not haviug been returned to the governor within the time prTenbed by f iu law. Then is 00 luggettion of any fraud or lntcutipna.iy uuui. ntf in the election } and tfie committee add with pleasure, chat the coucuCt of both the gentlemen* claiming the conn, ited feat, appears to have been candid and honorable. Upon the foregoing itate of fadls, at the coi.ftnution has made this House the j ulge of the iLdtions and returns, as well as the qual.ficatioiis of its members ; at the retuti. from the Hate authorities, therefore, are only prima facie evidence ot an election, but not eonclufive upon this Houle ; as there is, in the present case, fntisiacioiy proof, that the vote* of the three counties in question, although the returns thereof were not transmitted to the governor in ftafon to be consider ed by him, were originaliy good, law tui, conltitutiooal votes on the day, at the places, and in the manner prtiertbed by taw ; and as neither the v ters who gave them, nor tnc Candidates, in whose favor they were given, have done or omitted any thing on ti.eir part, to forfeit their reipettive rights ; the committee ore of opinion that thole votes ought to heal, lowed, and therefore recommended the following resolution : Reo vri, Tnat Cowles Mead, retur ned to this House, as a member thereof from the Itute of G orgia is not enti tled to a ha; ; and that Thomas Spal ding is entitled to a feat in this H use, as a Heprelentativc ot the state of Geor gia. The opp nrwti of the report represented it as embracing a great conllituuonal principle, relative to state sovereignty and the powers of the house This question arose out of the judicial pow ers veiled by the conftitmtoti in each branch of the legiflaiure, as to judging of the election of its members. in the ftrft art- 5111 fee. of the cosftitutiou it it declared, that “ each house (hail be the judge of the ele&ion, returns and quali fications of its members.” This fettiou embraces three diftind ohj -6ts, on which the judicial powers of eacn house might be cXcrcifed ; the qualification of per i'ons returned a3 members, their ele£tioa as members, and tbe returns of the per font feletied. With regard to the point of qualification, that could have iu> bear ing on the present queftton. As to the election of persons leturned to serve as memb rs, the cot ftitution has given to tile several states the power to regulate the time, place and mauner, fuLj.-ct to (he intcrpi fitivn of the laws of Coogrefs ; as to the returns of members, there is no limitation to the power of Cong refs to jUCge of them. What power, then, is given by this feftion ? A judicial pow er alone. It is worthy or remark that an election aid a return are entirely dis tinct acts; where one ceases the other