The Weekly Georgian. (Savannah [Ga.]) 1839-184?, December 14, 1839, Image 4

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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