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if .n tn> «».«»r*»iar.]
LINKS
WriueaotU" &«•*»«« ft " m ^ * ,vr, ^ MK,, ,n Nr "
Y«fc at the ul • l# ** 1 ""** ,4,,,
vrfwm she left behind.
My IH*U boy, ilmWflh W* IwWmf.
Dm »iill •Mi **»•»" * n,0,, "• , 0
Tb«i •till lo her, will bo 'bo «*"-•
And ev’ry aifht my ,l " :l r,>im »
A puling Jiroyor from W*
And ev’iylwmewaid bwn> 'hat blow*,
My Up* upon l,, y n " m *' *b»H «bw*—
And It shall bear a mother'# lovo,
And with a bionic* from above,
Da wafted o'ur to thue!
And thou'lt rep#y In after y**t*
A fallier’a eaie«, n moth-r'a rears—
for I woold wntcli thro in thy sleep
And o'er thy futoro welfare weep#
As Mother ever wept!
Awl 1 would aenn ihy feature# o'< r,
And picture In them hope that boro
Some lolknlo of thy future hli-a.
Which told thy world wan not of this,
DuiUcat b cherub alcpi i
My U"l« Imy U*» blanw mo not,
Th .it'll nevn—net prim forgot—
Outlive upon tiro brightest pod *
Of woman'# honest, lovinghnait,
A Mother*# Memory.
A father, too, murt share thy love,
For him, for me, of Him above
In silent pmy’i#, ablc#*ingn*k,
It i# n holy, loving’tnrk,
Theinmo wc««k for time I
Sit)V £®JrrJUa» ffirovfi<«w
J. MeL.
GulfStrrsm.
Washington, Hub. 3.
The only Member nftha llounn «'f nupmaenta
tire# absent from hi# pliirc yesterday was Mr.
Kempsbsll (Whig) from New York, demined nt
hem* by eirvutnainnre* which no into hem t -d mnn
will blamo him for yielding to. Several iniinibera
ware present whd were hardly expected in Ik*. Mr
Head of MaunchuMitta, and Mr. Ctnryof Mich •
iaa*!for example. both of whom have been quite ill,
end wereamredy nble to travel. Mr. (ir.dttmof
Worth Carolina. and Mr. Cm«a of Arknnma, both
detained on the We»t« rii water#, happily name to
hand at tho last hour ycaterday.—National Inlet.
The Delegate# fiom Territori"# nra n'l present in
Congress,viz t finm Florida, Mr. Downing? from
Wisconsin, Mr. Doty;from Iowa, Mr. Chapman—
JWd.
Mr. C. J. Iiig«r#'»ll. rlaindng tho #ea| of Mr
Naylor, of Petmsy.vnnin, and Messrs. Dickerson,
.Syall,Cooper, Kd'e. nnd Vntom. contesting tho
•M'a of the Jerroy Mumlmri, were utulerstuod to he
In the Hall of Kepreseniailres ye«terday.—/Aid.
TIVENTV-SIXTII COYKIIEMS.
FIRST MISSION.
HOUSE OF HEI’liraKimTIVM,
MuKlur. Dee. 3, 1833.
Thli being tho d ty ret nport hy the Coiuiitutinn
for the a«#emhlln| of thntwo lloiirn* nf Cultures*,
at 13o'clock, m. tho d -rk(Mr.(Jailaml) mill*dthe
House to order, nnd *uii!:
According to tlm mini pntctirn, gnntWes, I not
prepared, if it i# tho ideatinnof the Home, to pro*
cerd to call thn nnmei of moinbort of Cnttgruis
. elected to the Tweftty*tlxlh Congress, first session
Tire Clnk then railed aver the name* of i'nn
. following gentlemen, who eppearud to be in their
•eat#:
Tito State of Maine, New llnmpshlm. Connm-
. tlcut, Vermont, Massachusetts, lllnale Island, and
New Yutk, wura called, and thu members from nil
gho#n8'.ete# answered except Mr. Kemp .hull, of
the 38th Dlitrict, in New York.
Tbe Clerk than proceed# t—
NEW J HUSKY.
Joseph F. Randolph,
When tlm Clerk arrived nt thi# part of the roll,
Restated that there wn# conlhciing nvidenen with
regard to tho election of Hvn inoinhor# front this
State, and naked il it w.se thn pleasure uf the House
that ho aboul l juts* over thoir name* otiiil thn call of
tha balanco ol Urn roll wn# completed.
Mr. Maxwell wished to know what this • vlilonoe
was,or whether the usual evideneo was pioduced
oa both aldea.
ThoCloik asked if it w«« tho pb-satire of the
House that lie thou d make u aiatomont is in the
uiual ouurao of tiroo-eding f
Several muniber# called fur the reading of the
, evidence.
The Clerk , then trail the cnmniisrinn of Mr.
Avcrifg, slgntxl hy (invernor Pennington, and aim*
«*d that thera went live other commission# in Id#
poueta nn in the #ame style.
Mr. Mercer then callod for tho reading uf tho.
law of New Jersey on thia subject. *
Mr. Cave Johnson desired thm thu evidence on
tha other alda he road iiy the Clerk before the In*
wa# read to thn M .use.
Mr. Mercer itated that hi# object in having the
law read at thi# itaga of the proceeding wn# to
•how' what could ho received a# evideneo hy thi#
body. V
Mr. Vandvrpoel contended that nil the
thould bs« laid bobne tins ilii'iso lodorn the law
nad. In the present vuse, there were cunllicitn*
if return# and cooflictiog evidence, and it •remod to
/' hlm tliat U would be tnoro In order to nmd the #»vi*
ilenco on botlt sidus b lom th- l-iw wu# mad, than to
reed the law at the ntraent time.
Mr. TUlingliMst tliought die most pro|>s'r course
/wooldbe for theC’iork to read tho law now, to thill
tha Home might bnunahlodto decide what could
be rec.oiveil a# evidence in relation to tiiit mates.
. When thi#body iieanlthulaw read, then it could
m
m
decide wbelli r the |ui|»or on thu otlici si lo cou d lie
read aii avi Ipnco.
Mr. Jen.frr wished lo know of tho (’lerk, wlte*
liter there Were any oilier return* in lit# posM<t*ion
from New Jmev signed by the Governor of that
State, than th**six which hnd lieeu relrrred to f If
there were not, why not proceed tocalltlie roll in
the usual niannurf
The Clerk Imre asked ifit was tho pleasure oft he
House that he ahouldmako a •totiiuieiit in nda ion
to this matter.
Mr.Kive# trspecifully auggested thn pniprletyof
laying this mo Ion on tlm tank* for the present, in
unler that the soil might be culled through, to m*
certain who her there was a quononof inombers
present. At present nothing could be done. He
therefore hoped that the inombers present would
acquiesce in a motion of this kind,in uni-r that tlm
House might immediately proceed with it* otga dsu
tkm? if or which thi# quus;iou could bo brought up
aadie e l upon. -
Mr Maxwell contended that they ought nnt to
adopt till* suggest! .a unless somegoodtoiuoncould
be given for passing over tho Stale of New Jersey.
There had bucu sentoaU) the Cleikcertilivates in iU*
usual firm, whi h have been read; and it «eeim>d to
him that it would b • an extruor Unary course to pas*
over the State uf Now Jorsoy, atltu unto curtifi. atos
had been produced.
TbeCktrk thea sa d that th -re were three prajia*
ait ion* brought to the notice of t'.iotnidy—uno to r ud
tha law, the oilier tu rcud tho testimony in tno pus*
•essionof.he Clerk, and Ihclhiid tn pass uvet th*
State of New Jersey until it was asermined whi
ther there wB*uq>ioiuui in aUcu<ienM in the llou*,*.
Mr. XVissi said, 'hat before any mutton was put
• . to the body, Iso wished to know who was to vote mi
the motion tu lay thi* question on thu table. Hud
the names of a quorum been called over I If not,
who are rmilled to vot< o.i this q<m»tiou f It tho
qU’-.ti *q was put before tho roll was ca.leil uvr,
i';/ -Sh'rSwM enti led to vote? Would tho Cb rk an*
•wrr what wn# the usual c iur#t* in a case uf this
matterf. Had be (Mi. XV.) u right to vote on th #
O'i •■t’OI11
. Jh»Clark said It was not for him to decide a* to
what eoursu tho Iluuto ought |o puiaue in relution
to this mutter
Mr. XYise. Ha* any member a right to movu to
lay ibis matur un |i« 'ablst!
The Cl-rk aaj l, that would ha a mittur for the
House todncldo.
-Mr. Marcvr tbouglit that tin nmtl 'n of his rob
leag'ie (Mr Mire#] wou»d iai.u tim vi*ry*.{ilDcultv
which it we* tie* dudni nf the guatlamaa tu avoid.
*i#erull dWiculty, liowevvr, lie (Mr. M.) would
iirent lit a dl the lestlirony sIhukI be rr d be*
a the law wa# rea l, but tho«ha tladluJ tu have
iaJ, lu un|.*, ill ,t gfBthmen might ns
4 It taken a« vtld>-iK» lu the pr aeiit
d I n>it de#>ia that a vote ahnuld ba la*
If uf ih< mm'*n presem, ie swdai
_ mlglu ge tu a«4 awartala whetiwr
e tpterdin ut awmUra in '
♦
XVIwn this was done tin* lliai*e could Immediately
return to thi# quriliOfT,'*a*dfa(BVe ovidenre on both
#nle#? ovamine, disco-#, and Wtlli Ui correct cone.'ti.
*l'»us upon It. lie Ifirpedllrre would Im a gen* ral
di*|»o#>tiun on also part of genpsnnen tu pursue tld#
courea.
Mr. Hoflman said the proposition was tu call the
roll of lint House. XVhm roll of the llouaaf XV Ito
no* thn member* who are called upon tu decide this
•pieslietif XX'ho but those holding lint legal t-ertili*
cates? Tits* Clerk had no right to rail hi# name,
unless ho produced im his table a legal eertilkaiv.
Thn gentium n from New Jersey, whoso names have
linen railed, have produced the legal certlfim-les
from tbe (soreroor, and are a* much entitled to
•Iwlr ssmttaa any member of ibis IT use. It tb« ru
were two sets of certificates from tier Governor'of
New Jcr*ey of equal force and eflltut, time there
ndghtbo tome reason forpussiu/r by that Suite; but
•» that was not lliecus.', nnd a# the gentJnmen nam*
rd hud laid thn only legul midrnce of el. ction lie*
fore the I Inure, it would lie incompetent for the
body input* over tho Stale of New Jersey, nnd pro*
ceod in calling th» bnhmro of thn roll.
Mr Hulst ud said In- wu# ono of thu in. mher*
from Now Jersey, and lie demando.l, a* n llrepro*
sentatlveof the auver.dgn Store of New Jetaey, that
hi# imrnn should bn called. Tbe only rnnaon given
by thu Clerk for nut ending Ins name wu», dint there
was other evidence upon hi* tuble, and that there
weie other person* clnimiog the *• nts of the mem
bers fruit New Jer»ey. lie would u*k the Clerk,
however, whether tins other evidence wn* under
ssrnl of the Sr..to of New J.-raut, hiiJ prebice.l
according lu tho know n uiid eaiiihl.al.ad oamiges of
ill•« SnUe, from tlio lorinuliou of it* Cons itulion
to thu piesonl day. Hu mulntuined lint he hud
prima facie aviduncu that hu wn* entitled to n
sent on that floor, bocutiiu ho had n comini**ion
from flit* Givnroor, iioIt the hr on I soul of thu
Statu, nnd that thu Clerk was h mod to cull hi*
name. (In und hi* colleague* hud their conimi*.
slims from the Governor of New Jersey, the nrujter
oflicer to givu commission*? nnd ha askud what
authority lin-l this Hou*e,oi uny llou-n, to say that
those ccriifirates sliotdd be di*regoidrd, and iliut
lint Stain of New Jersey should bo passed l.y f—
TlttJfo wu* no authority—there wn* no power undue
the Constitution to do so. Thn Constitution of tho
United Stniessnyalhnt thn lime*, plares, nnd m->n-
ner of holding elect ions, aim llm prescribed by tint
l^gialntorn of cuoli Sttitn. Tin'll, u* this matter
hud boon doubled upon by the Statu noihority, ills
coiiclnsivu, until Ui# reversed by tin* th clfon of the
llo.|*o of Hnproicntiitives, wi.icli is nlone. uudnr
t ho Constitution, competent to decide on the quali*
licaiion* of it# member#. Then his position w a*
ihut until thi# IInine was properly orgunired, nnd
decided upon the question, tin* commission of thu
Gnvornor must be tannii ns prima facie evidence
of hi* right ton seel on thill floor- Hn argued that
lie wtisonliiind to hi* seat utiiil n Sp'-uker was
chosen, thooidhi were nrirnimsicrud, uiitl ihu qnns-
l on was,judicially do. ided upon by the lloose? and
until Unit was done, the House hud no right to make,
a judicial decision winch mi Jit forever dv«lruy the
sovereignly of tho Stole of New Jer«ny. Foi tltis
lemon hu c<»til?l not con«niit to submit this question
tiitlio d.'cision of gcmlumuu hero. Hu could nut
ti ll who wuiuentitled to vote upon it, nor could the
Clerk undertnkoto decide who should vote on tho
question. XViislieto vote upon tin* question, or
wits hn to withdraw f I'lwquestion, i" tii* opinion,
laid aleudy Imj. ii decided hy tho on y cumiietuut tri
bunal, anu that decision must stand until reversed
by lliuduuisiuii of tha lluit*.-, after it was properly
urgnnued
Mr. II. limit read tho law of Now Jersey on the
subject, quoted tlm co*n of ih<- Missiisiphi election,
tlm ca«o of Spalding alid Mea l, und id' Moure nod
lastchet, in support at thu p uitioo winch hu bad
luken, aial urgued that thu certili ato of thn Go*
vm nor, whether given pi op t lyin'not, was coitclu*
sive uvhleiice of lit* right to a sual in the lir»t in*
siancc, and that he wn* cutit|<*d to h> ld t until tlm
Housn wa* organined ami llm matter was decided,
upon tlm iM'llltmi ol tlm cutties ing member*.
Mr 'rdlinglmsi Kuitl bu understood that the gon*
tloniiiit fiutn Now Jersey (Mr. Iluisload) claimed
the privilege of having hi* name called n* n mem*
Iwr of the 30 h Cmig e-s? and hu claim* it hecnu.n
the nnmu of th'* geuiloman immed'nlnty helbte hull
hnd been culled upon u uerillknto jmctsely similar
to tlic olio which lie present'd. You have called
Mr. Ilindolpli upon n certificate being pioduced
precisely similar to the ono produced hy Mr. Hal*
stead { and when that gout), man derminds that Id*
name *hu!l ho culled upon Hie sumo kind of a cm till*
cute, why do you ivlusu to cull it ? You liuvo called
tlm natiia of Mi. Ituii.l.*lph nnd every g. ntleman
ngrees that you were right in doing so? n en should
out the good' man who lias last spoken [Mr. Ilnh
aU'iitlJ Im uotitl. d to the s mio pnviicgu, e hen bn
lias pt'.Miitced thu evidence that he is entitled to hi*
seat in pieeisely die sumo to. ill* of dm one produc
ed by In* colleague t lie tiien referred to J. Her-
son's Manild to show that a member was entitled
to certain privileges by virmn if Id# election. A
number might Im named upon a cummill. o More
Im uns sworn in. ami Id* euridi- nio of election guvu
him diepnvileguufIh-ing exempt fiom unest. Hu
atsorenil an extraul to tlm rlfect that every man v* bo
ha# an inlureit in tin* matter mu*t to Ins peril lake
notion who are inuinbars of milter House. There
.were two (Movers, he said, which thu House might
aixeieite in relation to tie* mailer. The one was la
pu*s tip.iti the ul.mlion* of Uupresumalivos, and nte
other vva.tlie pow. r to judge of ill.' validity ol'thnso'*
el. eli.oi*. Coogtes# had (misud an la v to regu
late e|< ctions, hut had h it Unit matter to the States
to regoluie. In llm present case, all election had
Irnt-n Imld miller thu laws Now
Jersey, and tha Govtrnor had suntMMreWa^l louse
the pioper «<*rtift«iitc* of election, and it wus im out*
potent for this iluutolo decide upon llm validity of*
o.oo iaii until it wu# projH'r y . r.mns d, aim
usual until* had liocn udminiiletetl to tlm mum*
lairs. Ilettoatended that thoccititiento of diu Go
vernor tva# prima fade evi.lencu of tlm right to u
seat in ihu lirsi place, und tlmt die House c ord not
dccitls upon tlm validity of theelectiun, until it wn*
priqmi ly oigauixcd. Thei-ertiiiti ne ofuleciion con-
loir, d ti|iaoa gi-iitluntun nil.(m|>rivilegnsefnnmm.
her of the House in the fn *i iiisianco. As lm It id
shown, it pioieci.-d n gentl.-nmn from nrre-t? anti
if it prate ted him from arrest, ccriuinly no iimm
could refuse hint any otlmr of the privileg- s which
it might confer upon linn. I lm«o gentlemen had
thu ceidlicHto of the oilie r authorised hy iutv to
give u certificate, and it seemed to hnn ih a it mu«i
be dm commun souse of every man, thm dmy were
entitled to their seats unti. tho House decided upon
the ut itler in thuu-ual und proper manner.
Mr. l-’i mare wisln-d, bnfore they prucea led fur*
liter, to get tlm lurts in the case? nnd tar tin* put-
pose, he wished the law-of New Jersey, and tha
credemiula of the other five g.-utlcmen claiming
scats Irom Now Jet sny, tn lie read.
Mr. Slade inquired what was thn question ho*
fore the body.
Tlm Cleik tinted it, when—
Mr. Slade addressed tho House at #umu length,
cuntuuding lliutul llm present singe u| the proceed*
lags, on vote? nor any other ui-tiou, could properly
b.- taken, inasmuch us no qu.uum hud ns y-etlmen
eullc.l. Hu tliougiit tlm fairest ns well a* the m-.#t
j.idicious, course would be lor llm Cl.-rk to pus*
uvei ttie memb -rs from the State of Now Jur«ey,
and precued to call all ilmsu wiio»u sent* were not
contested...ud hy this tneuii* n quorum could bo form
ed, who would luva tlm right ot dai-i.iingas many lu*
lure action, llu npproved of the eoursu taken hy
tlmCl 'ik In d ial.mng to take the roi>p»n*ibihtyoii
hans. lf ..f deriding who wurecnlil.ud tu ilia seats
from New Jersey,und though-, taut uny other course
woo'd have bora a tHUipation ot ui.uu hoiited mu*
ihoiity on tlm pari uf that officer.
Mr. Mercor, in the eouisu ..f his remark# con*
tended that u»uga and p.oee.lent, as well a* dmy,
required tho C.ork to lake ttm certificate ot'tlic Gov*
ernur of New Jers. y as prima Jaeit evidence ul‘ i-
loctmn, ami turnout and call ovurthe names of those
f««\# Uu ;
rwJktf 1 '
C “"* X
... I ... tile
members trunt that 3tutu wlm piumilled such ccrti.
ficjte.
Messrs. Johnson of Maryland. Diddle, Kand.dph,
and berg.-am, followed on ihe nv.no side uf the
question, signing uii thn same gruunds.
Mr. Uynum replied to Mr. Uiddic, nnd argueri
ut some len.-lli tu show that Ihu course taken
by the G.eik was a c .rreci olio. Hu cunu-nJcd
tnst this wu* not llm proper stage of tho piocco-.ing*
in enter upoa the merit# of tlmqa. stiuu a# to tho
vnlidhyol the credentials of ganliuinttu contending
for th* teattof tlm Slat" of New Jeisey but avowed
hi* belief, that w lmn tin proper time earn-, it wuukl
l»0 fiMiu t that ilift Governor nt N.-w Jersey hi giving
hi* ct'riitic ite*. had out actinl with such emilormity
to the lawsfof Nuw Juisuy, and tlm Conatituttou of
tlm United .stair#as gaailem.-n went to .uppon..—
This Wa# a e.n.ust b. tw.ru tlm s.i«cn*<gn (wuple
of New Jersey uu owe ndc, amt tha Uuvvrnor on
llm olheif and hq thought th* peopls were entitled
uibalH'anl. Mr. U. agreed with thu gimifriuaitfruin
Vrrmnui,[Mr. lilaUrJibat theI'aucst com#o,and
iheotdy it iur*o (hat eonhi bu ukan, would he for
tlm Clerk to paa* over the a nnas *»f tU#s gentlemen
wbure right to asmta wa# tmuttiied. and tu «ad all
Ihaoikeii.and b/ihli mean# I'ottu « quuiumcour.
|«i#ntiodobusfimi«.
Mr. Craig adilryflMdllm IlmtM at •mtm length.
Fnun i)m c.u.fushq| prevailing at iU t'wt in tlm
Huum, UiK CtfiNWAumtuhl vf Util gchllaman’i
remark# wr*ra not besrJ. Iltwii underatood, how*
neer, na fttslaining the eo«ir**pur»o- dby tlm Cb-rk
ti dccln.lng to tai.e the reapoftilbihty of deciding
alt * wi'raomillod to Urn #nnl# fr*.m Now Jersey,
lie denied tlmt llm Clerk was bound by tlm rerilD*
cate of the Governor **f New Jersey, •• contended
for by ilm im.lf.-rrKtn from l'enn*yivania, [Messrs.
Diddle ami Sergeant] and »h"Ugbt tin-evidence of
tlm (Mipular vote wn* entitled lo as ntu.-h veigltt as
tire critiliRste. Tin- prima fade evideneo Imd been
heretofore taken ornlv-r llmmlo of convenience, but
he would ask if, in a .-a«o of palpable fraud, gantU-
men would abide by till* old rulo of prima farie
evidence, in h'fiu .co ol trulii nnd jimtico, and the
•trongprtducurn. ntarylnstimon) . After nil,all ill -y
were aiming at was to ascertain whether lhi«nr tlmt
five of tbe New Jcrrey gentl.-mon wore entitled lo
the scats? and, th.-rcloi.-, if upon examinalion it
•houid Im round that tliotu who did i nt cm * with
thu G'.vi-rnor's certificate bud llm majority of votes,
wooid ilmy put In this prima fade blind to deprive
thorn of tori r seals? Mr. C. agreed with the gentle-
man from Vermont, [Mr. Slade,] that tlm on'y
pr-qmi-course to bo taken now, won d Im to past by
the narni-a of hu members, whuaes'-al* wcreJontest-
ed, and call over ull the other member# lo >• to
form a q.iorom.
Mr. Galkraitb to .k the same ground? but to ena
ble u* to *avu the mail*, w» uro c anpollcd torli-f* r
liiaruin.siks till tbe n«xt publication.
Alt'-r sumo remak* from Moors. Kverett, Max
well, and While.
Mr. U) nnm ros- in reply? but gave way f r n mo
tion to a.ljo'.rn by.
Mr. Mi rc.-r, on wltose motion, nnd by general
con-cut, it not being cnsMi-red c-in,etot for tlm
Cl.-rk lo put u question.
Tlm lliiuso m(j •urnoil till to-morrow at twelve
oVbmk.
IN~SKNATK,
ToMinr, l).-cembur?l, 1339.
Tlm lion. XVm. I). Merrick, elected by thn I,e*
gislntiiin of llm Statu nf Maryland, a Neon toe from
lliat Sian- lor six years from thu 4th of March Iasi,
appeared, vva< q i .lili d, and 'onk Ins scat.
Uo nioiioi. by Mr. Ilnblinid,
Onlernl, Tlmt when thn Senate adjourn, it ad
journ to meet to-morrow nt 13 o'clock, and daily
tliun-aft'-r nt the • a mo hour mu il otherwise injured.
Go motion,
Tim S note adjourned.
IIQUSK OF IlKPItKSF.NTAT1 VKS,
TuKSDAtr. Doc. 3, 1839.
At 13 o’clock, in. Mr. Ilogli A. Garland (Clerk
. f tin- fiirm--r House) called tlm House to order,
and staled tint tlm goiulumnn fr>on North Cane
linn [Ml. llymirn] laid possession of the llonr at
the timo of the adjournment «n yesterday, and, w-ith
the perntiasion of ilun gerith-man, In. would beg
li-ave to make ii resp>clfol appeal In tile lloun*.
No man, said Mr. G li-uls more lliuo 1 do thn deli
cacy and difiic.ulty of Id# position. From the lie*
gionmg I have l.-lt a high r.-sponsibdity re-tmg
upon me, and b.-1'oieGod and my country, I assure
y«>u I hire" hud bur one motive, und that wn* tudo
my duly justly nnd impartially, wit hunt regard to
person i| or parly considerations. I liavu been
placed mi a novelt and unprecedented situation Ail
tim ca«ci of colitnstoiielection* heretofore present
ed, have been pre-emod to llm Unusual Hepre-
smnutives itself, upon tlm petitions of ilm claiming
meinl'ors.and thu Olerk hud uotliitig to do wirii
them. Tho only variation fmm iliut rulo, was in
tho case of Mim-is. .XIiMiro ami l.r-tclier, «d Ken*
lucky. Doth t'MMegeiiilemenpr- seun-d iliems'-ivt-s
before tlm House, nnd iluinmd llm right m have
•cals, miiilho Hoaao was compelled lo taka the
matter into consi.li-ralion; and the House might,
perhaps,have remained unorgariixed torn fortnight,
ifli.osu two geudeoK ii bud not volmiiarily vvi h-
druwo their case until afmr the orgaiiixatiini. Tlm
pn-si-m cate, however, was one eiitin-ly dilV"iunt
from the oao referred to. Tho dilli ally in llm pre
sent case wu* presented to llm Clerk liim*i*|f.—
Conlliciing evidence wn* Ino'ight into bis office,
ami wlint w >s lie to do ? \Vhal was 1 to do in thi*
case? Wns I to take upon myself the powois of
thu House o.' ib-|iruseiitulivua—llm powers winch
the Const it'ili-'ii mis given toil lo decide on llm
qudificiitions of as mi tubers I I iissiire g'-ntlumeu
that I havo fell the ih-lioncy of my situation, nnd I,
have labored nssiduoii.ly to Im enabled lo cornu to
correct eoncln-i'iiis in relation to (Id* question. |
thorefore.riow respectfully appeal to ibis bo lypoper*
mil ilia to m ike n staio-ni-iil which I have prep trod
in jii.iificutionof my c.mr*o on tlm present ncu.ismn;
nnd 1 think the request u not tinprucnlented, when
tho conduct of a pidilic officer has liecn brought in
question, ns mine Inis In-on on llm present occu*
\lr. Jenifer u-ked if tlm Clerk designed to rev ew
liis decision of yesterday, nnd nail the motuiiers
from New Jersey, so that thu Hmuo might go
without ld« interfen-nce.
Ilit* Clerk s a led that lie had fuknn tlm course
yesterday, which lie felt it to hold* dmy lo take,
and heuonld not depart from it until tie wa# satis
fied tlmt hi* emu se was tli-.'n wrong. All lie now
asked, was, to m ko a respectful appeal lo tlm
House, and lay In-lore gentlemen thn gioonds and
mo'ives vvliicli mdiicoij lom lo tal.u the course Im
did.
Mr. .Ii-nirerconlitiided that it wa* the duty of tlm
Clerk loculi the uiioms of the live member* irom
Nuw Jer*ev returned by ilia Governor, nnd tlmt lie
h id no right to interrupt the mganixuiinn of tlm
House hy refo-ing loculi them, when no objection
Imd I wen made lo having their names called.
Mr. Atherton Imped that tlm C'ler . niiglil he per
muted lo make thu siatenirnl which beilesired to
inak'tlo ilm llou.e, wifliont ohjociiou being mude
•n tlio part of nny inemher—
Cries of "proceed! pincord!"
Mi.Taliaferro lose, and inquiri-d of t||» Cleik if
lie had in his posse«ion more lima one return from
llmStaienf Now Jersey, surlt a* the law of New
Jersey pi escribed 1
Cries of •* |'iik-i" d i proceed !" 44 No, no."
Mr. Slnmlrtiv object' d to the Cl- rk'* omki'ig
any stat' iueiit. Let some of his friends on tlio
floor make a statemoai, if n ttntement was necea*
auty.
Air. Wise thought it duo to the Clerk—in the ait*
nntimi which usage if not law. and usage in tliisrn*o
lie regunled ns law. h id pluced him—lo he permit*
ted lo make n amt' meat. I In was very derirou# to
henr n st'tictneii', uiul doubtless oilier gentlemen
desirous to heir a statement, of tin’ reasons
why ibe Clerk h >d not di-cbnrged the doty which
law- mat usage had imposed upon him. Iln Imped,
therefore, tlmt ti:| gentlemen would Hcq'dcsc» in
hearing this stntement, and perhaps tliuir net! m
might he infiueneed hv it. It was otdy per-uasivo,
and not nutlmrativi'? and certainty he ibough gen
tlemen ought lo agree to hear any evidence on tlm
subject which tlio Cleik might have to present.—
Some called for tlm reading of tlm law on yes.
tenluy, sonm for tit" reading ..film certificate*, and
some d 'siied iliut llm names of tlm five members
from Nevv Jersey might he called? and a# he made
no statement on veitwdny why tlm names were not
placed on the roll undo "led. ho thought this state
ment might now to Ih- heard hy uiiivers il consult.
XX’lien Mr. XV. resum d hi* scat, thoi® were cries
to tho Clerk to "Go on.”
Mr. White, ofKy, said for one he entered his
solemn proto*! against the reading of this prepared
lucumont by the Cinrk, and contendi'd that it wa#
the duty of the Clerk to luka the evidence pro luccd.
Mr. Wi*e followed and contended that the Clerk
should be allowed to m ike tills statement.
Mr. Briggs Was understood to advocate the tame
course.
Mr White replied to Mr. XVjse and still object
ed to th" Clerk making the siat. nicnt.
Mr. Cushing Cflitdem i 'd the cones* par-iied hy
the Clerk, but was in favor of hearing ids date*
tttont.
Mr. Vaitd-rp'tal followed and contended that
common jurticu, he had almost said common d,..
cvncv deuianited that thu Clerk should nave the op
portunity of explaining
Mr. V. spoko at length and remarked—" Till
was u case sui eenri it.
The didim-tian Iwtween thia and the ordinary
cases of eoioest'-d ehvtions, which were not onier*
laluevl till utter our completeurganitstion, was,that
iieretho quo-tion arose upon Me return, nut upon
thu merits, in the more enlarged sense of tha word.
I he question was not, wh liter a mqjurity w«spr»*
duo d hy tliu vote* of di-qual'fied votot#, but whe*
thi-r the whole and iruu result "film vntoa actually
givun and returtn-d to llm Governor hud been re-
iuiihhI iu os; and thi* being a p-intof oa*y ascer*
tiiument, no gooil rciaortcould boassigm-d why we
should not entertain Ukj question, nt least so far a*
to sut mute pnli't.dura aside till the House was
completely organUcd.
There (said Mr. V.) wrre Ms view# ami answer#
to the Udmnal point*—the more qiu>*tioo# of
form—rairerl b re, toorvctmle ti#front Imikinjat
tlte real mult and junkwi of the case? but be ws»
frre to coiifu.* that lie wa# im|telli'd lo, and fortifi*
inw.iht rourse he took, bv utbrr and liigltei con.
sidcranaw* ihsn any »p wbch he had yt adveiini.
It w is,thu hi#ciMirsefavnrvd popular Mteiiy? that
lit* 1 tight ami itutlt and juilire and cnitcieace of
hodsk of in;i*ui:sENTArivF.s,
TmutsnA'v, Di'ci'mlntrS, 1839.
At 13 o'clojk, llo* Clerk e dit'd tint Housn to or*
ilr-r, rtnil s'utif! tlmt til tint adjournment on yester
day tin* gentleman from Kennn-ky [Air. Und.i-
vvood | was entitled to th" floor.
Mr. Undurwuotl rosu to iiddii's* the House, but
gave way to
Mr. Hun', Wlm made nil explanation in relation
to tlm re-olutiou lie had submitied on yo-terday.
Some gentlrinco.l"'said. entTiain. il ibo idea tint,
if it was oiiopir J, no nelian of iIm Home could bu
hnd mi uny oilier subject ih in the cn-e n| tlm New
Jersey Hectioii. Ho coiitemplaied no such th ug
by ilie resolution, ns hi* object was tlmt 'lie ILmse
-lioulil oigaiiuo speedily, and go oil with the busi
ness vvhieli bil l bioitjlil ilimn logetiier.
Mr. Uiidervvood then ro*o, mid commenced by
saying tlmt wli ii tlm I loose ad journed ii yester
day. hn was utt- top ing to ariivo ul th t principles
Isis*#is vvloch they might p:ocucd nml neennizo ibe
ll'itisc, and rsumming ihu pec. iliac sinmtion iu
which tliu llo'i-ehail Iteeti placed. Some gentle*
men contcruleil tlmt if tint Cn rk Imd called the
name* of the fivu mem'n rs from New Jersey, it
woo d Imve sell Ini ihe case, and relieved the House
from tho difficulty in which it Inn! been placed.—
Such, however, was not tlm fact m his view of th"
rase. Suppose I lie Cleik had call- J one of the five
member- Irom New Jersey,nnd any number on the
floor Imd rose and objected to his inking tiis scut,
we would then Im iu precis lv tlio sumo position tn
which vvr uro now. He held tlmt lie Imd tlm right
to object to any one of the member* trout tlmt State
taking tlmir se.na, and hi# objection must lie Imnrd,
nnd decided by the House. In the cusu "f Clai
borne and GhoUim, a gonileman from Vi giniu
[Mr Mercer] objected lo thejr taking their seats,
ami called far further testimony in the case, und
tlm Housn bid the guutlcinuo'* motion on tho
table.
Mr. U. then submitted the following proposition:
Tlm Clerk of tha lui" House of ilepru-ematives,
in cubing the roil of motiiltcr* of the Twenty-sixth
Congress, begun at llm State of Al.iiuu und pro
ceeded regularly, according to u.-Hje, until ho
canto to tlm State of New Jersey. He called Jo
seph F. Uundolph, us a incnilter front iliut State,
nnd then •.tiled .n -ub-tince, that there were ten
persons beside* Mr U*ndulpli claiming to bo He*
presontativu# fiom tlx* Stale of New Jersey, and
invisting on th'di riglit to take scats us members,
when hy law the Stit ' wh# entitled to ix Uopre*
sentatives only; ami tlmt ho declined cubing any of
the claimants, believing it to l-e his duty not to
decide who wrre entitled. A debate thereupon
it rose, and the members elected havo been unable
in tho usual inunncr tu r* cognise each other, to n-*
certain whethei there was a quorum iu ntiendauce,
nnd tn orcunixe tlm House Foi tlm purpose,
therefor -, of obviating ull further d fficnlty.
/Ccsn/ncd, Tlmt tho Clerk of the Into House
ought, and ho is hereby directed, to proceed in
railing the roll, nml each person called who an* nets
to his name, and agnio-t whom no objection is urged
to Ins taking a seat, shall be counted us a member
in ascertaining wh*th"r t hero be a quorum present,
so, it wa# manifest to him that thia.question never
rondbrt settled Thete must be eoitM mode by
wh:ch this qu'stion could he arttled, and he kt ew
rioim other t»au tlm one Im had poitord out. Gen*
Hern.'it ha<l inquiMxl whethfr lie hid tml the (mwrr,
togoMoml the commissions of the Gorrinor of
Nrw Jeisey, previous to th- orfanhurtfun of tlm
House, lie coutendod you could nut, and that it
would be an outrngi 1 on all prerodent, law,and u*nge,
to do so. Oot.llouK'n bad a*ked, w ill you not allow
fraud to be expo eJ—will yon not allow us V> ex
hibit n msjieity of tbe vote# of limp npIn In favour
of political lib-rty, nnd tlm great rights of tho peo
ple f The-e arguments, however, appeared to lorn
to be more specious than sound, lie adni'tU'd tit’ll
c»uld>ou gob bind theieturi.s.but it must lie done by
oigm ti g a proper tribunal t i tryfihe quenion?
and iu order tlmt thi# tribunal might lie iai-rd, it
was essentially necessary that the IImi*o should
fus' lie oiganixfid, and tbe oaths Im administered lo
member* according to tlm Constitution nml law*.—
Tiien tbe case could bu hinught op, nml evidence
might Ito ndduc< d on Loth sides. This was -bis
view nf tho case, but it so mml to Lo thi' opinion of
smile gentlemen, by tliuir arguments and by iIip
C"ur-o they purau -d. tlmt you can (decide tho cusa
without giving tlm parties a hearing at all. Ac
cording to tho arguments f some guntbuncn.it wa»
only nccc*sar> for n gentleman to claim tho seatnf
u member of the House un i tin* Clerk wns bound
to pu*s over hi# namo when be arrived at it oa the
roll. He might pm ilm case of Barton nnd Lucas.
IL' mnfersiood from the newspupers that there wa
il g'-mletnnn bv tlm nnuio of liunoii who claimod
tho seat »f Mr. Luc is, nnd would gentlemen pre
tend ill'll ho was not enli led to hi* tent merely
because this otimr gentleman c aimed it ? He con
tended that the C"iir*n pointed our by his resohtliou
wns the mil) o 'rrect course, and r.-l'enud lu the
argument in tlio case of Moore and Letcher, nml
to other cases, ii- evidence in suppu-t of bis view
of Ito q-iestion.
Air. Randolph te xt rose to address the Hou*m,
when
Air. VanderpO'-l inqiiirml il'ilio g-uiilcinmi could
take tbe 8 or. Inivirig sp..ke twice already.
I lie Clerk -aid, u- ilnuc were no rules adopted
for rite government of ihu llmi-e, Im did not feel
inuhoris'dro prevent tho gentleman from speaking.
Air. Rand' Iph then .nldiii-.ed ibn Hou-outcnn-
-id.-rilde I'-ncili. Mo coniemb d tliut the iuws of
tho State ot New Jersey bud been fully complied
with, nml that lo* • oiluagtte*, ns well us birn-elf,
laid sufficient ev idence to entire them tu their seuts
in tim first insiunee. nml tlmt ii was riot in tiro pow*
or ol sire Clerk, or the Hmi-o, to deprive them of
tlmi right. The law of ilie Stuie of New Jersey
was p iinthnunt to rite Clerk, ami he was bound to
cad the name- ui bis colloagues if ho perform* d his
rlnty. It was llmir light to Hike their seal# in tho
first instuitcn, and it was mU in the power of tlio
11 "ii-n to gointo a Til inve tigaiion of the cn*e un
til it wn* pi'opeilv organized, imd then it must bu
ilnmiiiiion petit on. For ii long rime, in tbe hi*toiy
of this Guvermneni.lhL II aise, evdn ufe r it wn*
organized, woiihl nor go beliiml the certificate and
coinni'-sirinOi the member. For several Cmigie*#-
im this W'l# lint law. Ini wo cases Congress deci-
il"il i lust it won dam gu hr Ii nd ibe certificate of a
Governor when ii wns mude out in neemdum-o with
ibe law# of tin- Stile. Iii tlm cn-c ofSpnlding nnd
M"iide, fro G -orgia, there were three rouniie#
which did not ivncli tbe tlm Governor until niter the
time expired hy I iw, in cmiscqti. nco of a stoi tn
which interrupted these returns, ami when thisca-e
was brought b' f'r tlio ll-m.eapun peiit ou, after
it* ingauizuti ui. tbe siting member claimed hi*
scut, bei-itu* ■ Ii" held rim returns which iin.l (•01111
made out iti'CO'ding to (lie law# of Georgia, mid that
the House laid 110 right to go behind tin* return.—
Mr. R. in support of his pu-itmn, referred to tlm
case of Moore nnd Letcher, nod the nrgum-uit* of
Ale«*i«. Lane, Deanlsiuy, and Huh’'aril upon iliut
que-tiou. I lo also refeiud to 1I1 • cn-o of Ciaiboriiu
and fi!i->h"ii, an I various rases which had ocemed
in llm N"wJer«ey lmgislutiiie,ndof«v|iiclihemaiii-
liiined su|>p irt< d tim posinoo tli.u his code igoes
were ennib'd to their seats in thn fir*t instance.—
Mr. R. next lepih'd to tlm renmik# of Mr. Vaialcr-
poei, and held that hi* collo'iguas did not cluim
their seals upon .my ti cliu cnliiy ofllm law, Inn bt-
■uilse they Imlieveil they were entitled lo them.
They would sc.a n to rluim opouii mere technicality
Air. R. next lepiied to llm remarks ol ilm gentle*
mu 11 from Smith Caroliuu who be-ablliud attempt.
<d to diavv a dis inn inn between the people and the
Government of Now Jersey. He would ask that
gentleman In.vv the peopln would nxpross their snv*
ernlvnty, if limy did not do it through tliuir consli
luted uni burl ins ? There wa* a 111110 whoa a lo-
mien I'liiicontietnpicd todiuwilm siimcdi-tinclhoi
which tin* geiitb-inuii had drawn, and take hii up*
peal from ilm G-.vernmeni nf this country lo tlio
people. He vv aid ask that gentleman whist his
cmir*e would Im, iiini-o lie came Imre with u com
mission from tlib Governor of.S -titi* Carolina,under
tlm great -eal of tim Stale, and anothei p r-oncuino
Imie toprevent him front pur.icipating inlheurgnu.
ir.'ti l-'it of the House?
Mr. I’icken* rose tu explain. He did not pro-
lend to give an opinion w-itli regard to tho great
seal. XVneii thnr question nrn*e, hu would be pro
purod to decide i' upmi in merits. He meant lo
as* rt that ties Hnu*u was mude tlm supremo tri-
bun d by tliu Constitution of tho United Shales, und
tlmt it might take its own course. He find not
pretend to ju-t fy tin* comae, or ibnt course, lie
u-serted ill" power of the IIoimo to tuke what
courso it 1 bought proper. It imulil imss by tho
gn at seal of the State of New Jersey, if it ph’u«cd,
us iusufii' i'uit • vnienco, mid it wn# iiccoumuIiIo to
uoliody but its uoii«ti’U"Ut*. He did nulcbooso tu
be ropresoiilud bv nny gentleman ns having assumed
11 position which Im did nut take, and therefore he
rose to make tin* explanation.
Air. Randolph re«iniud, und mid if that distinc
tion had not been taken by the gentleman from
Smith C'urolinn, ii had been taken by some othci
g nilem in Me. it, »uid he plncil tliis matter on
coastiiuibmal ground*, mid warm'll gentlemen to
bewnro how they dimtguided tliuir injunction*.
Some gentlemen, in the course of their remark*,
had spoken ot him a* being entitled lo righ>* and
privileges which his colleague* were not entitled to.
But lie Imgged have to *a) to gei.lbimeo, that hu
did not consider himself entitled to uny greater pri
vilege limn Iris col'eni!ties. He had always enuei*
der-d hini*e|f on uii equality with them? and wlion
they hail olVercl 11 proposition to their opponents to
re-ign, and try lint matior again before thopeuple,
Im had cluimod the honor of doing likewi-c, nnd
they were only prevented from doing so by tho ad
vice of friends. lie contended tlmt ilia certificate
of tha Secretary of S'ate wus wholly void, nnd of
no (fleet? tlmt that oilier Imd no power whiit* ver
to gnnt a certificate in tills case, nnd that tho Clerk
had no right tu pas* over th" names of those who
bail tbe Governor's corufica'o.
Mr. Ad tins add'Pssed the House nt great length,
c •lamenting on the difficulty in which tho linns-'
wa* involved, nnd earnestly np|ienling to ihe nvni
tiers to proceed to it# oigamzaiion. At Ihe conclu
sion of hi* remarks, tie submitted the following
resolution, oflerni yesioiday by Mr. Grave*, and
asked tor its adoption. lie Mated that he would
he willing to rec-ive nay amendment any gemlomun
mi chi think pro; er to otter:
R-iolvr't, That the Acting Clerk of tin# Hmi*o
slmll proceed with the imli of the member* from tlm
d'flerent Slnmsof the Diiton in tli.* u.ual wav, cul
ling the names of -itch memlo-r# from New jersiy
n* hold thu regular and legal commisrions from the
Executive of thut State.
Mr. Graves «ii2ge«'ed to the gentlemen from
Ma**aebn#etts to make snmo modification of his
re*o|utinu. «« be hail ascertained, from a corres
pondence that pissed between hitnseif and the
Clerk, which he rend 10 the House, that th" Clerk
mii.1 «aeb r ,v,.„... mini, .gain.t i|,»in ..'bj.-ction «rtlli»». »• ll«'1«wt o' a imjnriiy of
the cam were ail again*! tlm pieteoder# whorUMi-
«l seat* Imre menfry 44 b»-c*u*' uf their Inind.” lie
implured tbe lltnt*e nut to acknowledge it«elf so
imp dent, or ao my*tifi.-d bv 81.111, sin to lie blimlti l
to substance? nut to pnuuiilgslH to tim world that
tlm patent voice uriJ will id tbe (N-nple of a • »ve*
r-igi Suite, c >n*titutioniLy expressed,could here
be p. jciic »ily frastreted and drowned, even lor a
season, by the pitiful ■queakiag note# of form and
technicality.
Mr. Cope cuHteudod fur tliu right of tho XVliig
tuTiile-r* to *eai«.
Air. Klmtt wit* In fuvurnf the Clerk putting thu
qno-tion, wli 'tber he siuuiM b<i p irmilted to tnuke
uneipl.mulory atatement.
Mr. Wise, Mr. Ilh 'tt. Mr. Aycrigg. Mr. John*
loll, of T"III|., and Mi, Juailur fuliowed, ill tho or-
ir we im me them.
Mr. XVivbly TbiunfMon made #nm» remark* in fa
vor nf recognizing the certificate of tho Guvurnur.
Air. Duncnu ntlenqilcd to obtain tin 1 ?)• w»r; hut
Thu f'lnrk docidiog iu favor of Mr Hando'pli,
Mr Duncan inquired if tlmt goiitlo<n ill ifid not
reedy participiu--d its tbe.lel.Die?
The C ork snid that, in tlm preuvnt condiiion of
the House, hu did not r.onsnlm tint parliaino'itary
1 ulo, thut no member should *|K?.ik more tlniilwisa
on tin* * imeMil.ject, to be iu fince.
Mr. Randolph made some nun irks vindicating
tlio Governor of New Jers'-y.
Air Duncan obtaining t'ie floor,
Mr. Undcrwou'l muvi-d n iadjutirnnt"iit.
Tho moiiun a|ip>'nriiig to be a»coiid"d by 1 large
number of voice*, tin? Clerk wis ubuut to uiinuniico
the adjournment, when
Air. Curiiing objected 10 uny adjournment, with
out a vote being taken.
Tlm Clerk was under tbe impres*i»n tlmt bociMild
not put n question to u voim of tin- lloii-e.
Mr, Craig tuider*o al that tli 1 II m-c consent' d
tint thn Clerk *lmuM pill tiii"|Uosiioii,
1 In* Clink stilt ihniigbt, a* ili.-re wns not n quo
rum, ho could not (ill liqu- *|l<!ll.'
Mr. Mercer snid if iln-re w- re but ten mi-mli-rs
pru-eni, moti 111 uf adjournm-nt could bo made uod
acted on.
Mr. C'u*bing refi'rind to ilm First Congress,
wliuu there was no quurnm pi *«-n' foi tmee week*,
nnd they had udjuuiii'-d irom duy lo duy, umil a
quorum Imd assembled.
Mr. XViso hoped ilmy would have a vote on tho
qu stiuu ofailjmiriini'Ui. If they could lake a vole
on tlmt question, tin v cunnl on an 'ilier, und Im
would ns noon have til'* mutter aeitjed in thitwny
in uny nth r.
Air Cruig-aid tlmt in tin? present unorg mixed
sinlo of tlm Injil) , nil must perceive thutuvoiy move*
" um lttu*lbe iho icnli of gi-ncrul cmsei.t.
Mr Undcrw.aNl ibn mim'd tlmt the ll"ti*n ad-
jmiiii umil to-morrow, nt I3o'clock.
i he Cli-ik i.lien put tut* qui)*iion on llm adjourn*
muni, mid it was ilecuicd in tint uffinnalivt.? und
thea.
Tint ll'>u*o ndjonreed.
RICHMOND, Dec. 3.
Gr.NRntt. Ahskviiilv.—A quorum ol built Houses
ol'llio Goiieial A-s. iu nv, w.isinuiti-mlanco yestcr
day.
In tbeSonnto, Mr. Opie called the body to order,
and on hi. nomimniou, Mr. Haii-iord, tho luriner
Clmk, waa iiimnimuii.ly r''*> |< cied. Ho tlieiinom**
tinted Mi. Nash as Speakei of the Senate who, bo
ing elected wit heat opjiuxitiuu, niidc.ni lucled 10 the
Chair, nPuriu'd thanks in 11 bnof a .dies#. Air. Al
len, fiirmni .Seigo.uil St Arms, nnd Al"ssrs. Mil
and Ni'i*on, Dour-koeper.*, wore unanimously it
cied.
llm M §.*age front ttie (iuv rnoi, wa* then deliv
ered nd lead? alter which, tlio Semite iiiljourimil.
in ilm House,on nc-tiun nf Mr WiIsuii of Cum
berland, Tli'iimt* VV. Gilmer, K*q., of Albemarle,
was ul -ciedSpi'.iknr, Ge .rge XVyMn? Alniif rd, E-q..
Cn.uk, und Cci. I) miel XX’ird, ot (ailjHqier, Sergeant
at Arm*—elicit without opposition, nnd unani
mously. Air. Giimer, up"ti lining coinin' led 10 h s
suit, delivered, with much ease, grace, and fluency,
1111 ii'ldio** I'jt'ulmrly uppriq r ui. to the occasion.
The lluuiu deleired tlio nppui nnu-iii of Door
keepers.
The Governor'* Alossngn wn#mail, and ordered
t.) Ito priiitod; and tli" usual coniiiiuniciitioiis from
tin? first and si ciunl Auditoi*, ami tlm Trenoirur,
were m1*u pr.-seiiti-d.
Oa Mr. May’s motion, leave wn* given, with but
slight opposition, hi bring in 1 bill Im tin* lotnporu*
ry relief of tin) Dank* of ibis Coiiiinunweallh.
Alter which, the llou-o adjourned.
may be made, sh ill mu bo counted; hut .quin objec
tion being nude, th" Clerk»!m:l pass hy t-.u poison
objected tu and c .11 uuuthcr. After the roil shall
havo liecn called tiiruugh, if there lie a quorum
present of person* against whom no objii’tiou* have
lieen lais-'U, such qu'Hint shall proceed to decide
upon the cluim* ol >hi'*e who have not been called
by the Clerk, or who, if c ill -.1, have tn en preicr*
milted in c 'im'quei.cc of iihiection* ruin'd against
them, und slmll dderm-no which of the c nmiunta
shill p-urtieipute in tin? orgauiutioit of the House;
/’rori'/ci/. however, Thai u.'thiog her. in contninml,
and uu decision which may be made, admitting any
one to paricipstein the organization of tlio House,
•hull lie conitrued tu Imr ui preclude the House,
af er it shall have been du y organized, from iave#-
fgatiug. judging, and deciding upon the election
r turn* uiul qualifications of each uf thn*?' whose
right ton »e.it is questinneil, before the llouto is
organized, und who m.«y be admitted tu? urtieqatto
in the urjinizurioa oI'iIhi House hy a decision in
pursuance of rids ies.i|ul'ua.
Air. U. onnlendvd that thi* wastlui only plan by
vvhic'ithW mat nr ever could be brought to a co.ielu-
S' ui. it hid lieen suggested tu hun who should
void on thi* quei ion. In reply t" th it,he would say
that ha thought orery "newho cuim there claiming
tafia amemlierof tlnill'Miu', m gh; vote i.p.n |t,
Tlte re»mnp'hut,was, w hun a set of genilcmaa ut
i|t«' seat nf Government at the time of die meeting
ol Cougress, as the lUluv**mt«iisra o| |<„ ^ opie,
that ihrywviv entitleif "i vii** on all i-r.liudiuiy
qikstium uf otgauiMUOni and If they could ,, w t do
questions if it wa« tire will of lbs House that ba
•iMNild do so.
Mr. Underwood th« n asked the Clerk to (rut the
question on thu rerelctlun submitted by him.
Scv< rul voices wen* lieaid crying 41 No! no!" and
much eotifiirinn prevailed at llm time.
Mr. Thompson of South Carolina submitted to
the House, that #ooiH?r or later they tnu*t adopt the
resolution just ofleiodb) Id* colleague, [Air. Ithvlt.]
a* it Would lie impossible for them ever to i.rganita
wituout somoproceeding of tbe kind. Thu objec
tion of ihe gentleman from North Caro.ina, that
there wn# 11 resolution that h >d precedence, could
only npjdy in tvgulnr.y orginized bodies, where Far*
liameninry rules cuuld Iw i.bscrved, and did not ap
ply 10 this meeting, which wo# yet in a state of di#-
ur^amzaiion,
Air. Illicit then v.*ri d If# motion, >0 a# to call
Mr. Adum# to the Choir, instead of Mr. Williams,
and putting the quutiion himself lu the meeting il
wu# rnrrivd, nnd Mr. Adam* M»k thu Chair.
Much confu«iun and noise In ing heaid imho gal*
leiics, amt tomehis-ing.
Mr. Thumpion of South Carolina said, that hn
announced to the gallerirt that if there was the
•liglire*) interruption to thn iiusitn •• of the mt-elii g,
he would cnil on ihu l'resident for a military force
lo preserve order.
On mmion of Air. Merc**,
Ordered, Tlmt tbe lluii a of tho last Huuso of
Repie-enintive# b" adoptrj for the governmm t »f
the proceeding# of thi# meeting.
Mr. XViso tln-ii moved that tne acting Cleik be
directed to rail th<? mnmliers nfiho House, im-liid-
ins, in such call, the m> mliers trout New Jersey,
wlio have tin? certificates of the Governor of tliut
State that tney are elected as Kepresaniative* of iba
fw—nty-sixtb Congress.
Air Johnson of TeuiiCSfee moved un adjourn
ment.
Air. Jenifer culled for the yeusaml nay#, hilt with-
dtew tbe cull attrrwuid*.
Air IVtriken renewed the cnil for the yea# and
nay*, and wn# sustninod by sevvml voic s.
Air. Diicgs said thut, u* tbe ral •* ufllie la-t House
of Repre«en'utivcs Imd Iweii ndopied, the yens nml
nays must b" called ut ihe desire of om'-fittli uf tbe
meinlwr* preent; but there was 0110 dillicuhy in thu
way, the roll nf the Clerk wn# nnt completed, nnd
therefore tliu yen# and liny# c .uld not Iw ended.
Scvetal gentlemen calling foi the U|qioinirn< iit of
tellers, to count the aye# a id rows on the que-lion
of ad journment, Messrs. Johnson nf Tennessee nnd
Davit? were appointed by the Cludr, and the mem
ber- severally pairing bciween then’, they reported
that them were for the adjournment 103, and
ugainsi ii 00—so
Tbe Chair announced tlmt the House wns ad
journed.
(Correspondence of tliu New. York Express.)
TROUBLE IN ALBANY.
Alb 'NY, Nov.30ih.
There I# n promise of treublc here. Tho tenants
of the I'utiuon, Stephen Van R. n-elocr, have refus
ed 'o pay rent tiny lunger, alleging tint they have
paid it lung enough, ami St is timetoqmt paying rent.
Tin* prupurty, you know, is very ext>-u*ive, compris
ing nlmo't ih- euiiie town* of Kimx, Westorlo, and
Hons-uluervilie, nm-t of which is held on long leu#!'#,
u iiominul rent having been p .id liuretoloic in pro.
dune. The sou of. I10 old I'uiroon lias tried lilt Law
upon them, and they have resisted. Tbe bheiifl'in
consequence of this iesi*tunce has culled outvie
Romp. Comitatus uf tliu County, nnd has been en
gaged ui> day, lie and his di-pu ies, in siiminnam;
tlm tiiimliituiiis of Albany uml the adjacent towns to
appear ill ill* office, Ma.uluy nun ning. 10, o'clock to
aid bint ill paiiiiig the Law into uxcu'ion. Weureall
called mu. Whigs and Loco F"Cos, the Ex-Gnvor*
liar tlm State I'rmiur, John Van Biireii, Dix. Flagg,
«&e. &c., witlii.iit distinction of pursmis. In short,
they imve siimin'inn.i the whole Directory. XX'o nro
tu go from tile Sherilf* "ffiet? on Alondny morning to
Ruu-ielvuervilie, distaiice about twenty-nix miles,
where wu expect 11 meet the Tenants supposed to
uuinhcr front I.TllOio JOllO,all nrnn d and equipped,
but not according 10 Law.
As 1I11* Potne ComilaluH will only lie laughed at,
nml pnilmidy b treated by thu tenant* loguial din
ner*. when they arrive in the dispuied lerrilury, ihe
Slinifl will lu?obliged to report tot' eGovernor, that
be CMinot execute tlm I.nws by 'he aid of the I'os-e
Comitnins,—who.eupun the G- vernur is riimprl-
led loculi our ill" Mil .tin of the adjoining Counties.
I very onmli d moi wlietber llm Mili’ia will do
nny good. A gornl portion of Ren-sclner County is
-eitlediii the some manner, ami the same 1 rouble is
blowing there. Tlw Young !'nimen's agents uml
the dlierilf, in Kensselitervil'n have been treated
very badly.. Then burses tail* and mane* have been
shaved. Theii haraes*es liavi? be.-n cut, and their
carriages broken. They have been threatened with
pei.-onal violenrc, il'ilicy did not clear nut with their
Lawyers, writ# and processes. Tho end of ull this,
weuie yet to see. s ,
Lie* of officer! ordered to the frigate U. Statei,
Commodoru Churl"# G. Ridgely, Commander of
Naval Force* on tbe const of Brazil
Captain Lawrence Keamy.
Lieutenant., L. A1. Goldsfioniugh. John Mariton,
XV. S. Ogden, H. H. Bell, A. B. Fairfax, C. H.
Kennedy, John DeCamp.
t lent burgeon A. A. Adeo: Assistant Surgeons,
XV. J. Dowell, K. H. Conway 5 Butter, S. 1*. Todd?
Manor 11. Freneti.
I'usted Midshipmen G. XV. Giant, XY. S. Rinc
fluid, G. XV. Doty, H. T. Wingaie.H. I*. Robertson.
^ Alid-liipmea, H. TilloUon, D. R. Lambert, T. Al.
Cro*»uu, 1*. L. Dunce, C. Wo-ioii, Jubii Stusri, J.
S. Taylor, E. Higgins, C.C. Simms, F. Al. Hum
phrey, R. Randolph, It. C. Rodgers, J. D. Bullock,
It. XV.Shufleldt. Al. C. Ferry.
Frolessur of Mntht'inuii •#, Jo.*l Grant.
Boutswnin, X r . R. Hall;Gunner, E. XV. Disney
Cnrnonter, D. Marple; Sailntaker, J Faxon.
Alarine officer, 1st Lieut. T. A Brady.
NEW YORK Dec. 3.
From Mo.vtrvideo.—By the brig Alcyone arriv
ed nt Fbiladuphia, there are report* that tim Argen
tine army were within two huuis riiBtr.li of tho ci<y
of Montevideo. Tbe French hnd landed a force 10
protect the city. The Oust m House wn* dosed
nnd hII hu-in".** su*pcnded. Montevideo dares to,
the 4th October have b cn received in Fbiludelpliia.
Opium t!« China.—The lateodct of the Celer ial
Emperor's High Commissioner, do nut seem to
have buen successful to pnttini; an entire stop to the
smuggling of opium. The smuggling of it is again
going on. on no extensive senie, and the Chine*e
officers, in two province#, report to the imperial
Government, tlmt tlio people bad found n snbrtitntn
for itcqii'iLy intoxh nring and mure expensive? this
substitute is supposed lo he n decoction of tbo hemp
flower, *0 cxieu-lvclv u*od in ibe smith of Russia 10
produce intoxication in Toriary, and a great many
parts of India.
SiiiPtvnecK.—Tho American brig Coral,of New
Orleun*, Cni-tuin Far*oil, from Sisal for this port,
wn# wrecked on ihohnrof Laguna on thc2Lth Inst,
She hid acarco uf hemp, gunny bags, &c„ n large
portion of which was lost. Sire*# of wemher and
the prn«pcct of anoriher eump.-U.-d her 10 make n
lee port. Th" hrig has gone to piece#.—JV. O.
Louiiinnian, H7th.
frtm lie Bap Btate Democrat.
SAFETY OF THE PUBLIC FUNDS.
Some of the Fe.liwaU.tsjtnrtended to beliove that
the fond* of the Oem*rtl Guvernment w ould not lie
•an* In —•'** ■-* — *- • • — - “
in other ... .u* cuatony Of omcers appointed
to take charge of it under various chock# and at*
—1 penalties. XVe have n case In point in rela*
to this matter, of the anfukee| ing of the public
**?* Since the establishment of the I). S ates
lion
moneys
■ - ..... .■..■uHwiiiirni m uie u, 9 #ltl
Alint, about 71,000,000 of d .llnra have been ro nod
hy pnlil c officers under penalties, and not a dolhr
been loti. Th" Indepeadent Treasury pro*
-j the .ame security a# those which have made
H- Mint p« rfectly secure.
Th. iwo .y.lom. of hr .pin. t |* public MMurr—
1. Indrpcnrfrnl Trrunr. and 8nu Dank iV.tm
n- «. iy ron-My and pl.inly ,m r.mh In ihe «d-
J ' Of Iw 8t Lawrenrr county (N. Y.) Drm...
rrntlc Convention as follows t '
Treat, ry. Stale ll.irt s„tcm.
r t.ur 1 bw Uthcrn.int. Star ral k.adrci and
li.btr t.i bv fncri.ued to
ihniwimil.
P-Mr/»a,p"lntr,lby Pritatrty .pp,,l„i.l
e Frr'l.I. nt, w ill th. hy !he Sven.,, uf ,h.
novice and consent of Treuury.
tlio R"""'" *
the
—ere
dress 0
in ull.
low
the undi-puted members present, to proceed witli
enllin? over the roll ? Im? th >t it would lie such a roll
as lie had mnd" out. in what liocnnrid-red the eon*
s -ieiilion* discharge of his duty.
Mr. X’andi'rpoel several lint"* tried to obtain tho
floor, for tlm purpo*e of ofiVtiug an amendment to
Mr. Adnuis's resoluiinn.
Mr. Rhett asked of the Clerk if he had determin
ed thnt h«* could nut put questions to the House?
Mr. G ulmd (the Cleik)made nnexplana ion
whnt In* c.meeiv. d lo be his duly, in tbe jicsilion In
which ho found hirmelf.nnd of ilie course that he
had fun nd it noee-saiy to parole. Hedidn«t think
tlmt he bad u right to put nny other qne«tinn than
ih que-tion ofiuijiiiiinment. He enn-idered him*
•elfn* sitting tliervi simple as the Clerk of the
Hou»e, ami not as its Chairman.
Mr. Rlieit then off-red a res-ilmion that Lewi*
XVidinm*. tho oldest menther of tlte Hou*e, l»e nj»*
pointed Chairman of ih’a meeiing until tlio House
should Ih* organized.
Mr. Williams objected to the introduction ofthe
resolution. He thought they co'ild have questions
t ut If th** Clerk would only do hi* duly a* all other
Clerks of the (louse had done. Besides, If it wa#
eo "petent to pm the qoe«tinn on thi# resolution, it
w u a’#o rompeient to put tlm quMtionun the reso
lution of th" gentleman from Ma*Mclm#etti, which
Mt. Unde'wood asked of the Clerk If ha would
Ih* willing fo put a question if a m^j< nty of mem*»et»
present d' riivd it?
Mr. Gotland »i#led that he wia willing to put
Sound Doctmnk.—The President of tho New
Orleun* Chamb.T of Commerce, in answer to the
leiter of tho President of the Alucou Convention re
marks, in declining to serve on the committee:
44 l am of opinion that the vuluo of cotton, like
that of any other commodity, is regulated by Immu
table lsw«, which no combinations or monopolies
con material y or permanently nff.-ct. Thatattempt#
to increa-e, diminish or regulato its VhIuo by snch
combinations or monopolies, either in England or
America, must in the event prove disastrous tu tho
purii"* concerned in such attempts, without being
1'i-n ficial to uny oth-r interests whatever. I am
n'so of opiniun thnt our banking institutions cannot
legitimately ontor into the hnsiness proposed, and
that if they were to do it.it would lead to the most
injui i"u* results to the currency of the country, and
thereby tend to derange and unsettle tlm relative
value of evciy species of property."—iV. Y, Jour,
Com.
Fires and Alarms the Fast .Month.—The
department whs called oui nine times from the foi*
lowing cniise#:—Three rimes from a-'amta from
Charle*town? once from a fire nt Newton: one*? from
a bright light seen in the direction of Medford? und
four lime* from fire* in the city. During tin? month
there weret .o alarms of fire nt East Boston, but
they did not reach the city, canted, once by the
burning of a varnish factory, and once from ihe
burning of u bed. The amount of property lo»t
during tho month wa# very trifling.—Botlon Jonr-
it at. ^
Late from Africa.—XVe have seen a letter from
an intelligent shipmaster, under the date of Gam
bia, Oct*mer Si. 1839. in which he says 44 business
is dull, and African produce scarce nnd high. Tho
epidemic of tbit country baa been very final tld# sea
son in this place and Sierra Leona About one third
of the European* h,».0 fallen vi.tint# to that final
di*? are. Among-’ >h* victims iu thia place is tbe
Goreim r.a men hlgt iy esteem' d. I think no cm*
pei Milou willinfure me to cumo to this country
•gai Botlon U. Ad*
... w,.... would net tie
the vault# vf an lttdriiniident Treasury—or,
. ward.. In til. af oIRem annnlntrd
I I'hlM* nf i, Iliut... baJ.... I. * * 1 .
Senate.
Jffio -r* tire piini*hnl
r villi tinn* of duty by
i" and imprisonment.
Disgrace and ruin fid-
violation of duly,
Nut punishable at all.
XVb# this ihe r«»e with
the depositn bunk#* in
1837?
lien an officer vio* If a bank vi dmea it#
bites hi# duly, or it i# duty, the Government
fenrcl lie wil do *0. thn can, hi care of a fnlloie,
■ xecmivn can remove cease to depn#|t« in
m mid appoint iiniither bnnks, but can neither
i ink" pns-cs inn nnd tnke posression of what
care of tho (•eopb.-'a mo* bolnnz#rto it, or punish
"•y* the amhuis of violated
faith
Inn Government enn It cannot rnntrol thn
•ntrol its own money public money when noed-
ben wanted for public cd, it enn only #ue and
.urpnii'S. collect if it can.
1 bo blight of thn pub- The . suspension nnd
: scum will ffill upon refusal to p.y in 1837,
1 officer for embezzling shows that when the
public money. numbers are great, the
cnn*rquracc* ore not to
_ bo feat cd nt nil,
Fnhl e. money nut to Authorizes lending it
• used, or in any man* tn merchants, shippers
sr subject to hniard. and apcculnior*, subject
to all tho hazard of fire
and water, bad specula
tion* and bad fabli.
These are some of the prominent dilferences be
tween the two systems. XVhich i* ni»vt likely to
safe nnd economical? Is not the one well adapt*
tn keep und preserve the public treasure, nnd
and lias not the other proved tlio reverse? We
u#k which would an individual make keeper nf his
money, the man who would Inrk it up in safety or
ihe one wh<> would subject It 10 the hnznrds of hnsi*
ness ond epi-rtil itittn? While irmpert-, cnnflacra.
tiuiis, and Imd speculation# occur, ii will be sufer to
lock up money than to loan it.
Sentence of Death.—John Smock, who wa#
convicted Inst week in the Court of Over nnd Ter
miner of New York of tho murder of his wife, has
been sentenced by Judge Edward* t.r Im executed
on Sqiunlny.tln? g/iih d iy uf January next.
FromS uth America.—Letrers from Montevi
deo, dated October 4th, soy that the timo of writ
ing a buttle was in progress between tlm forces of
Rivera and Krhugue, about six leagues from the
city.
Lnvnlln had bad n fight with riie troops sent u*
culnsl him by Rosas, in Entra Rios, and defeated
them.
The citizens o 4 Montevideo were nil in an uproar,
preparing to defend tlicmsidves should Rivera be
delimit'd and Kclttiguo ndvuncu upoa tho capital.
hiTso ? Southii'KS.~Frofessur K#?.y said in
ottr offic.. half un buurngo, •• 11 storm Ins been rang*
mg ut the .Soiiil|.\V"#t f.. r the last ihiny-six
h"iirs, and is still ranging.” Yesterday ii wa* clear
fruo nearly tlio whole duy—to-day there ii 11 North*
ba-t storm ol tv'nil.
The 11 hove panginph is from the Now York Ex
press or Tuesday, 2 F. M. At the time It wa#
written nnd during the whole of the duy; 11 violent
North L ist storm prevailed in ilii* city. Towards
ev-nlng the wind incren.-ed. and blew with great
fince until after midoigh-. .«citrionnlly ncc .mpanied
with showers of rain.—Ball. Amrr. 5th.
NEW YORK. Doc, 2.
MimitER.—A -bo-king murder on# committed
aboai two o'cb'ck .on Sunday morning, nt n refre-
'o'.V-n the corner orClurhuni rind Hiuicvvlt streets
by Timothy Robinson, tin*harkccfier,upon Th mns
Whitchurch, n carpentei-, liv ng ut No.28 Elizabeth
streot. A* the deceased wa* re urning from a fire
In Beaver sini't with several "fhls companions,
firemen, th*-y cnti r-d die refectory, which m kept by
nno Hurd, for tbe purpose nf getting some tiling tii
drink, when nn alt. rention uroso between tlm dc-
coas-d aid tbo b rknepor ns to tho iminlmr uf glass
es which had liemi drank. Wldtchuroh became grent^.
ly oxcitcd and -tnick at Robinson across llm counter7 1
but withnuthurtii g him. Tlicniupun Ruhinson seiz
ed n huge cnrvii g knife nnd tbruit it into tho bndv
"'jyhhcbnrc.li cutting open the entire abdomen, and
killing him almost instantly.
Lrnm the nppcnrnnce of the wound, the knife
mart huve bent, twisted round before being drawn
from the In dy.
Tho Jmy found, “ that the deceased, Thomas
Whitchurch, came to his death liv a wound inflicted
upon him hy Timothy Ruhinanm" Thereupon tho
Corner issued his wa.rant, nnd line had Robinson
commilt"d to prison.
A n auto da fe.—1 he Pnliro Reporter of the ]
••villa# Gazette, give* a very I ninerous dcscriptic
th" seizure nnd burning of a Fans Box? which
cludo* thu*:—
"The blazing mn«s now evolved n more
flume—the pack fed into consuming .portions, v
lo! out jumped the dark of Club*, faintly seen thn
mingled smoke.nnd fl m I ‘‘Alas! poorJHckJ”aha
a dozen, “often hast ihuu lieeu ‘jumped,' now
lakest thy last jump!” and down he fell, an
skeleton! The queen of dianioi d—-wret seduc
captivated youib, nnd the queou of hearts, whs
rui nod a million of her subject*, nnd ihe kin,
spades, the gravo digger all, all fed, a lienp ofeim
like, thocriminnl lover* to!d of in the Arabian al
ronaumed by thu fire thut preyed upon thorn.”
Ocean —Alm'ghtv, yet gentle power! Thom
est in nnges against theeniln, nnd devouro-t it,
thy vast Biiareu-n-m.* encode its whole circur
ence. Yet dost thou .ilence the foaming stream
•ii'idiie it into gentle waves; gentle dost thou
round thy smiling children, the little islands,
Heat lick tho careless hand that toys with
surface, fromthr pa«*ing skiff.—Jen Paul
Land nnd Negroes for Sale. ^
O N the first Tin*#'lay in Fehrunrv next, at. .tHo
Court House in the city of Darien, Mein*
tosh County; will be sold tho following property,
to wit:
All of the Land, with th" nppurtennnce# of the
Estate of the late John Matron, comprising about
480 nrit* good planting land, and a large body,
say 2000 acre* mure or less of uncleared and pine
land, situated in the said county of McIntosh.
Also, the following named s aves, 40 in number,
10 wit: John, Molly, Alzita, Dick, Chain, Fanny,
Bi'taov, Mury, Cuto, Diana, Old Molly, Nab, Ro#e,
Eliza, Sue, Miliy, George, J.-flYy, Jenny, Jack.
Slyvla, Nan, Campbell, Ha-m-ih, Chniles, Beti-y,
Hunter, Fcg;y,Charlntt",J"sey f Harry. Joe, Boss,
Richmond, Peter, Lawey, Fhelo. Glu«gow, Emiy,
Oxford, old Nan—being the raal nnd personal
Estate of the Into John Hutson. Sold by order of
tho Honorable Justice# of tho Inferior Court, of
McIntosh county, when sitting fur ordinary pur-
■ poles.
The Plantation i* well improved with good dwell-
ings, a new Gin House, containing a superior Horse
Gin, of Ball's make, and ull n her ncrc#*ary build-
ipgs for a C'otion Plantation. The Innd is in high
repute for tho production of Sea Island Cotton and
Corn.
The Negroes will be sold in families. Condiiiuna
of sale cash. Purchasers paying for titles.
JAMES TROUP.
nov39*ts HENRY ATWOOD. < fc *'' cu,or »
IliinU or Si, JUni'vs,
R ESOLVED, That a r .!union uf fifteen
be required on ell notes nflen?d fur rone
thi* Bunk on and alter ihe first duy nf Februa<
and also a further reduction of fifteen percent
renewal next thereafter.
A. J. BESSBNT, Cashit
dec Ifl-wlstK 81. Msry»,(Gm.)OiIi l)e<
Lntr Notice.
H ENRY K. PKKSlON.havinf taken the office,
recently occupied by Judge D'Lynn, in Gau*
diy'a buikling. will practfie ia the Count vf Law
and Equity ci tha Eastern District, dec 3-eodJw