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da!!, Randolph, Rariden, Rayner, Ridgway, Russell, Simonton, Niade, Truman Smith, Stanly, Storrs, Stuart, Taliaferro, W. Thompson, Tillinghast, Toland, Tripleli, Trumbull, Peter J. Wagner, Edward D. While, John White, Thomas W. Wil laris, Lewis Williams, Christopher H. Williams, and Sherrod Williams-73.

The standing committees were then called on for reporis.

Mr. BRIGGS moved that the House dɔ now proceed to the orders of the day.

Mr. CAMPBELL hoped before the House proceeded to the orders of the day, that he might be

permitted to make the report from the Committee E of Elections, on the New Jersey case.

In answer to a question as in whether the report ecu'd Dot be received at any time,

The SPEAKER re-ponded thai the report could to only be received when reports should be in order

from the Commitee of Elections.

Mr. CAMPRELL then moved a suspension of the rules to enable bim to make the report.

Seseral members suggested to Mr. C. That t'e better course would be tv allow the question first lo I be taken on the motion of Mr. BRIGGS, as in case et the House should refuse to proceed 10 the orders

of the day, the call for reports would be coutinued, so that the report could be made in order.

Mr. CAMPBELL then withdrew his motion to suspend the rules.

Ti.e question was then taken on the motion to lake up ihe orders of ihe day, and it was negatived -yeas 83, pays 104. ·

Mr. SAMUELS, from the Committee on the Judiciary, re. ported

A bill for the relief of Sarah B. Stith and her children; which i was twice read aod co.nmitted

Also made an unfavorable report on the petition of the repre. sentatives of Peyton Randulph, deceased; which was laid on the table.

Mr. STORRS, from the same committee, reporteil a bill for the reliet of Benjamin Fry; which was read iwice, and committed

Mr. TURNEY, from the same committee, reported

A bill for the relief of Joseph Wallis, and the heirs and legal re presentatives of Robert Leckie and Jeremiah D. Ilayden, doceased;

A bill to refund a fine imposed on the late Matthew Lyon, ure der the sedition law, to his heirs and legal representatives; which were read twice, and committed.

Mr. CRARY, from the same committee, reported a bill for the relief of William Saunders and William R. Porter, suruties of William Estis; which was read iwice, and committedl.

Mr. CRAIG, from the Committee on Revolutionary Claims, reported a bill to authorize the payment of the seven years' lai pay, due on account of the death of Captain William Gregory, to the person or persons entitled to the same; which HAS read twice, and committed.

Mr. TALIAFERRO, from the same committee, reported a bill to authorize the payment of seven years' half pay of a lieu. tenant, due on account of the death of Lieutenant Jonathan llye, who was killed in the battle of Brandywine; which way read Iwice and committed.

Mt. HALL, from the same committee, reported the following resolution, which was agreed to by The Blouse :

Resored. Thattbe Committee on Revolutionary Clairis be instructed to in quire into the character and amount of proof 3 which is required I y exis ing laws and regulations to establish

claims on the U. Staies for Revolutionary services in the Virginia continental and Stare line and navy; and whether any, and what tur her legislative provisions be necessary in regard io the modo of adjustin; and allowing claims for such services; and that the reports of a select committee on the same subject maule at the Last session, wich the papers accompanying said reports, be re. ferred to the said Committee on Revolutionary Claims.

Mr. ELY made unfavorable reports on the cases of the heirs -, of Captain Jacob Cohen, the heirs of Captain Leighton Yan

cey, and the heirs of Richard Epperson; which were laid on the Lable.

Mr. MONTGOMERY made an unfavorable report on the case of the heirs of Captain Abraham Livingston: laid on the table.

Mr. RANDOLPH made unfavorable reports on the cases of the heirs of Capt. Blough Shelton, the heirs of Capi. Garland Bumley, the heirs of Patrick Coyle, the 'heirs of Ca 1. Daniel McNeil

, and the heirso1, Caprain William Langborne: luid on the table.

On motion, the Committee on Revolutionary Claims were discharged from the case of George Townley; and it was laid on

Mr. BRIGGS, from the Committee on Public Espen litures, reported the following resolution; which was read, and laid on

Resolred, That, the duties originally assigned to the Com. mittee on Public Expenditures, by the rules of the House hav. inz since been transferred to other committees,ard the said Com. millee on Public Expenditures having no duties to perform, the yule for its appointment be abolished.

Mr. CORWIN, from the Committee on the Public Lands, reported

A bill granting a township of land to the Territory of Florida ter the esta'ilishment of the Dade institute;

A bill for the relief of the owners of bounty land warrants granted for military services in the late war between the United States and Great Britain;

A bil to authorize the Legislature of the State of Tennessee orell the lands heretofore appropriated for the use of schools in chicha bilia were severally read iwice, and committed to the MT. WICK, from the Gommittee on Private Land Claims, re. portert

A bill for the reliof of the children of Stephen Johnson, de. ceased;

A bill for the relief of Mary Srunse;

A bill for the relief of Hyacinth Lassel; which were severally twice read, and comınitted.

Mr. HASTINGS, from the same committee, reported

A bill for the relief of Williain Marbury of Louisiana; which was readi iwice, and committed.

Mr. BUTLER 0 Kentucky, fiom the same committee, reported

A bill for the relies of certain settlers on the salt lick reserva. tion, in the Western District of Tennessee;

A bill for the relief of Chilton Allen and others; which were read twice, and committed.

Mr. R. GARLAND, from the same committee, reported!

A bill for the r lief of the heirs and legal representatives of Don Carlos De Vilemont; which was read iwice, and com. mitted.

Mr. E D. WIZITE, from the same committee, made a report on the cases of Pierre Molaison, Pierre Richoux, Francois Martin, Alice Foley, and Alexander Comeon, accompanied by a bill for the relief of Pierre Molaison and others.

Mr. DILLET, from the same com mince, reported

A bill confirming the claim of Augustine Lacaste to a cortain tract of land therein named; and

A bill for the relief of Oliver Welch: which were read twice, and committed.

Mr. D. also reported Senale bill, without amendment, enti. tled "An act to confirm the title to a certain tract of land in the county of Mobile, in the state of Alabama."

On motion, the Committee on Private land Clains were dig. charged from the cases of the representatives of Gregory sar. pey and the representatives of Charles Brown's heirs. And said cases were laul on the table.

On motion, the Committee on Puvate Land Claiins were dis. charged from the petition of Samuel Myers; and it was laid on the table.

Mr. ADAMS, from the Committee on Manufactures, re. ported an act to insure the more faithful execution of the laws relating to the collection of duties on imports; which was read twice, and committed.

Mr. BELL, from the Committee on Indian Affairs, reported a resolution, which was agreed to, that the Committee on Indian Alairs, charged with the consideratien of a memorial al leging fraud in the negotiation of the treaty made with the Cad. do Indiana on tho ist July, 1835, have power to send for persons and papers.

Mi. CAVE JOHNSON, from the Committee on Military Affairs, reported

A bill' making an appropriation for surveying the Cumberland road from Vandalia, Illinois, lo Jefferson City, Missouri;

An acı making allowances to paymasters of the army;

A bil authorizing the Commissary General of Subsistence to employ to aditional clerks in his office;

Also, sundry amendments to the bill to authorizo the Presi. dent of the United States to raise a force of 1,600 men to serve against the Florida Indians;

A hill to provide for the better protection of the Northwestern frontier;

A bill making appropriations for the establishment of certain fortifications; which were severally read twice, and committed.

Mr. GOGGIN, from the same cominiuce, made a report upon the memorial of Gener: Daniel Parker, accompanied by a bill for his re jes; which were ordered to be printeil, iogether with a report male in the same case, at the second session or the Twenty-filih Congress, and made the order of the day for 10morrow.

Mr. G. alan, from the same committee, made a report on the petition of Nathaniel ofrutt and others, cliizens of the county of Hampshire in Virginia, asking the relense of Valentine Caw gill f om service in the army of the United States, adverse to the same: lail on the table, and underid to be printed.

Mr. KEMBLE, from the same committee reported

A bill to equalize the pay of the army, and for other purposes; which was read twice, and referred to the Committee of the Whole on the state of the Union.

Also, an adverse report in the case of William Scridor; which was laid on the table.

Mr. IJOLLENAX, from the Committee on Naval A Mairs, re. ported a bill for the relief of the sureries and heir: and repre. sentatives of Melancion M. Bostwich, Jeceased; which was read twice, anil committed.

Mr. GRINNELL, from the same committee, reported a bill authorizing the construction of a dry dock for the naval ser. vice in the harbor of Now York; which was read twice, and referred to the Committee of the Whole on the state of the Union.

Mr. HOWARD, from the Committee on Foreign Afrire, reported a bill for the relier of Alexander H. Everett; which was read tiwce, and committed.

Mr. PICKENS, from the same committee, reported a bill to refund certain duies in the case of the French ship Alexandre; which was real iwice, and referred to the Committee of the Whole on the state of the Union.

Ordered, that the Committee en Foreign Affairs he dig. charged from the petitions of ciuizens in relation to a Con. gress of Nations for the preservation of the peace of the world; also, from the petitions of Heman Cady and Jonathan Waller.

Mr. CLIFFORD, from the same committee, reported a reso. lution, which was agreed to, directing the Committee on Fo. reign Affairs to inquire what legislation, if any, is necesary to secure to the State of Maine her rights of jurisdiction accord. ing to the treaty of 1783, and to protect her in the enjoyment of the same against foreign invasion.

Mr. STUART, from the Committee on Territeries, reported A bill for the reliei Jeremiah Smith, jr.; and

A bill to amend the act establishing the Territorial Govern. ment of Wisconsin; which were read iwice, and committed.

Mr. RAMSEY, from the same committee, resorteil a bill concerning the judiciary of Winconsin; which was read iwice, and referred to ihe Commillee of the Whole on ike state of the Union.

Mr. POPE, from the sarre committce, reported

A bill to authorize the Legislative Council of Iowa to inerease the jurisdiction of justices of the peace in said Terri. toj y;

A bill to enable the people of lowa to form a Constitution

and State Government, and for the admission of such Slate into the Union;

A bill to authorize the people of Middle and West Florida to form a constitution, preparatory to being admitled into the Union as a State; and

A joint rerolution disapproving certain laws of the Governor and Legislative Assembly of Wisconsin; which were severally i wice reaid, and committed.

Mr. E. DAVIS, from the Comniillee on Revolutionary Pen. sions, reported

A bill for the reliefof Elizabeth Davidson;
A bill for the relief of John H. Genthor;

A bill for the relief of the heirs and legal representatives of William Lomax;

A bill for the relief or Jacob Becker;
A bill for the relief of Jabez Collins;
A bill for the relief of Phoebe Dickman,
A bill for the role of James Phelps;

A bill for the relief of William B. Winston; which were severaily read, and committed.

Mr. D, asked to be discharged from petition of Polly Hale, and that it be referred to the Committee on Revolutionary Claims Mr. TALIAFERRO, from the same committee, reported A bill for the relier of Elizabeth Jones, and others; A bill for the relier of Thompson lluichingon; A bill granting a pension to Catharine Allen; A bill for the relies of John England; A bill for the relief of James Dealley; A bill for the relief of Hugh Davis; A bill granting a pension to Chaunccy Rice;

A bill to amend and explain the acis passed the fourth day of July, 1836, and on the seventh day of July, 1833, allowing pensions to the widows of deceased ofiicers and soldiers of the Re. volution; which were severally read twice, and committed. Mr. BROCKWAV, Troin the same committee, reported The bill for the relief of William A. Cuddeback; A bill granting a pension to Eliza Foochee;

The bill for the relief of Elizabeth French; which were severally read iwice, and cominiiled.

Mr. STEENROD, from the sanie comioittee, reported
The bill for the relief oi Joseph Bailey;
The bill for the relief of George Morris;

A bill for restoring the name of John Latham to the pension roll;

A bill for the relies or Benjamin Mitchell;

A bill granting a pension w Reuben Murray, of the State of Virginia;

A bul for the relier of Wealthy Baker, widow of Isaac Baker, dereasod;

A bill granting a pension in James Boylan;

A bill for the reier of Job Halsey;
which were severally read i wice, and committed.

Mr. HAND, from the same committee, reported
A bill granung a pension to Leonard Sinith;
A bill for the relief of Nathan Baldwin;
A bill for the relief of Sarah Oakley;
A bill for the relief of Ichabod Beardsley;

A bill for the relief of Jacob Adams;
which were severally read i wice, and committed.

Mr. ANDREWS, Trom the same commillee, reported

A bill granting a pension to Elizabeth Case, widow of James Case, deceased;

A bill for the relief of the administrators and heirs of John Lindsey, deceased;

A bill granting a pension to Thruston Cornell;
A bill granting a pension to Martha Strong;
A bill granung a pension to Benjamin Price;
A bill granting a pension to David W. Sleeth;

A bill granting a pension to Jannes J. Cutria; which were severally read i wice, and cominated.

Mr. TAYLOR, from the same commillee, reported
A bill for the relief of Conrad Widnig;
A bill restoring the name of John Davis on the pension roll;

A bill for the relief of James Francher;
which were severally read iwice, and committed.

Mr. CARR, from tho game committee, reported the following bills, which, upon his moti n, were read a tirst and second tine by their lile, and recommitted to the Committee of the Whole on the state of the Union:

A bill for the reliei oi William Andrews;
A bill for the relief of Thomas Benneti; and
A bill for the relief of John Lybrook.
Also, a bill for the relief Stephen Oiley;
A bill for the relies of John Black;
A ball for the relief of Isaac Austin;
A bill for the relief of Hellen Miller;
A bill for the relief of David M. llon;
A bill for the relief of llenry Bust';
A bill for the relief oi Elnathan Stars;
A biiltor the relief of William York;
A bill for the relief of Mathew Wiley;
A bull for the relief Philip Hariman;
A bill for the reljef o: Christian Broughor;
A bill for the relictor Peter Hedrick;
A bill for the relief of Ann Bloomfield;
A bill for the relief o1 Flestus Pierson;
A bill for the re lei of zeil Parsons;
A bill for the relief of Michael Seisinger;
A bill for the relief of Asenath Campbell: and

A bill to increase tho pension of William Neal; which bills were severally read cwice and committed.

Mr. CARR also, from ihe same comunittee, made adverse re. ports upon the pellions of Mary Reynolds; of Benjamin Webb; of R. Pierce and wile, representatives of Isaac Howard; of Wile liam Anglea; of Ward Peck, (he is now in the receipt 01 880 annually;) 01 Mary Richards, (ihis claim has been admitied at the Pension Oince under the act of 7 h July, 1878;) of Thomas Baldriuge; of George Harmon; of Noah Smith; oi John Beck; of Barbara Forbes, (this claim has been admitted at the Pension Department under the act of 7th July, 1838;) of Gabriel Heicks; of Caliarine Emiih, rallowed at the Pension Department under the act of 7th July, 1838;) of Unice Able; of Benjamin Webber; of Anne Watson; vt D. Sterrit; which were ordeied to lie on the table.

Mr. TALIAFERRO, from the Committee on Revolutionary Pensions, made unfavorable reports on the peritong of Stephen Freeman, of Elizabeth Rowe, widow of Squire anbler, of Timothy Shaya, and of Samuel Campbell, which were ordered to lie on the table.

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Mr. T. also made unfavorable reports on the following peti. tions, and the Cominittee on Revolutionary Pensions were discharged from their further consideration, viz: Henry Ethel, Joshua Bailey, John Courel, Thos. Harvey, Pbebe Peck, Mary Pike, Samuel Peltingel, Mrs. J. Smith, Pe.er Haas, Jacob alii. ler, Margaret Lawrence, Isiac Fowler, Samuel Gray, Calvin Goodno, Ann Knephly, Sarah Callender, Elisa Dilungham, the wilow of Caleb Faxon, John H. Fallen, Elizabeth Rowo, Daniel Wools.y, Sarah Decker, Jacobus Swait wood, Tunis Swart, Joo. Croft, Charles L. Broad, Azubih Farrington, Gaius Paddock, John Hasey, Lettis Pood, susan Borden, Mary Hickman, Jobń Boyd, Justice Artman, Jane Burgess, Michael Bock, Eleazer Allen, Joseph B. Brooks, Daniel W. Kenney, Maria Hornbeck, John Brower, Joseph Wood, Win. Meade, Valentine Miller, David Mallory, Ann Goldsbury, the heirs of Benjamin Chappell, Isaac Haviland, John Steigleman, Newcomb Blodget, Amnaga

Dunbar, Jacob Gist, William Jenkinson, John Whitman, Jere. miah Odell, Henry Peyton, Evan Thomas, Susan Titus, Elizabeth Allen, Timothy Shay, Samuel Campbell, John Reed, Tho. Ramsay, Wianey Porter, Benjanin Pierce, John Snow, Wm. Amy, Sophia Delesdernier, Phebe Smith, Catharine Rinker, S. Jordon, Stephen Freeman, David Mason, John Elmundson, Elizabeth Troax, James Reed, Margaret Askins, Peter Catleti, Thomas Hall, Charles Watts, John Mag.son, Sarah Parsons, John Atherton, Merifield Vickory, Martha Lamore, Margaret and Mary Daring, Jacob Ford, Richard Raines, Susiu Campbell, Oliver Peck, Pliny Hays, John Voorhees, Samuel Dean, Susan Rodgers, Polly Itamilton, John II. Schenck, Joseph Par ker, Dorcas Colly, and Ensigo Mitchell.

Mr. S WILLIAMS, from the Committee on Invalid Pensions,
reported
A bill for the relief of Peter A. Myers;
A bill for the relief of John Piper;
A bill for the relief of Job Wood;
A bill for the relief of Mary Hunter;
A bill for the relief or John Keeler;
A bill for the relief of Fielding Pratt;
A bill for the relief of James Fleming;
A bill for the relief of Samuel M Asbury;
A bill for the relief of Neil Shannon;
A bill for the reliefof Elijah Blodge!i;
A bill for the relief of Thomas Collias;

A bill to restore to certain invalid and other pensioners the amount of pensions by them relinquished; which were severally read twice, and committed.

Mr. DOAN, from the same committee, reported
A bill for the relief of Stephen Appleby;
A bill for the relief of Daniel W. Goings;
A bill for the relief of Hiram Sanl; and
A bill for the relief of Janies Baily;
hich were severally twice read, and committed.
Mr. STRONG, from the same committee, reported
A bill for the relief of Samuel B. Ilughes;
A bill for the relieror Thomas Wilson;
A bill for the relief of John E. Wright;
A bill for the relier of James Cuminings;
A bill for the relief of William B. Hughes;
A bill for the reliet of John H. Lincolu;

A bill for the relief of Jared Winslow;
wuch were severaly twice read, and committed.
Mr. S. W. MORRÍS, from the same comunittee, reported
for the

of Barton Hooper;
A hill for the relief of Charles Risley;
A bill for the relief of Gideon Sheldon;
A bill for the relief of Levi Johnson;
A bil for the relief of Robert Frazier;
A bill for the relies or Lyman Bristol;
A bill for the relief of Isaac Justice;

A bill for th relief of Medad Cook;
which were severally twice read and, committed.

Mr. M. also made unfavorable reports in the cases of Jeremi. Ah A. Winney, Samuel D. Baynard, Joan lligle, Joni Deans, Diniel Morse, ir Laban Williams, an.) Captain Julin Pallon; Wirich wore ordered to lie on the table.

Mr. RANDALL, from the same co'nmittge, reported
A bill for the relier of Pamela Brown
A bill for the relief of James Smith:
A bill for the relief of Sylvester Tiffany;
A bill for the reliefor William Sloan;
A bill or the relier of Robert Whitllet;
A bill for the relief of Joseph W. Knise;

A bill for the relier of Levi M. Roberts;
which were severally read twice, and committed.
Mr. CHITTENDÁN, from the same committee, reported
A bill for the relief of William Butterfield;
A bill for the relies of George Hommill;
A bill for the relief or Jacob Guler;
A bill for the relief of David Wilson;
A bill for the reli í of simuel Brown;
A bill for the relieror Emanuel Srute;
A bill for the relief of Isaac Boyil;
A bill for .he relief or William Bowman;
A bill for the relies of Benjamin McCullock;

A bill for the relief of Lyman Cook; which were

severally read.
Mr. PALEN. froin the same committes, reporiel
A bill for the relief of Divid A. Ballwin;

A bill for the reli fa Levi Collmus;
A bill for the relief of Lieutenant Juhn Allison;
A bill for the relief of William Poole;
A bill for the relief or Josiah Strong;
A bill for the relief of Seneca Riler;
A bill for the reli-r of Peter W. Shari;
A bill for the relics of Jehosaphit Briggs;

A bill to repeal so inuch of the acı endileri "An act for the r. lief of certain invalid pensioners therein namet!, passed the 2d of March, 1933, as granis a pension to Jerse Cunninghan; which bills were severally read twice, and committed.

Mr. CALVARY MORRIS, from ihe same committee, reported A bill for the relief of Simeon Knight; A bill for the relief of Robert Lucas; A bill for the relief or John Brown; A bill for the relief of Wilfred Koolt;

A bill for the relier or William Glover; which were severally read twice, and committed.

Mr. PETRIKIN, from the Committee on the Public Buildings and Grounds, reported a resolution, which was agreed to, calling on the Presirlent to inform the longe under what authority the plan of the General Post Offre building was adopted, and a

different mode of construction in the basement story, and in the elevation of the building, so as to abridge ita capacity to the accommodation of the Cry Post Otire, Nil baciliter for the ar. rangement proposal in the plan and estimales ex ibile:i by the architeci, and reported to the House of Representatives of the Jast Congress; and if the same, when completed, will allord sufficient and convenient accommodations both for the General Post Office Department and the City Post Office, etc.

Mr. LINCOLN, from the same committee, reported a bill making appropriations for certaic repairs and improvements pun the public buildings and grounds, and for other pur. poses: referred to the Committee of the Whole on the siate of the Union.

Mr. IIOPKINS, on leave, presented petitions of citizens of Wythe county, Virginia, praying Congress to relieve Joseph Ramsay, a surveying officer of the Revolutin , from a judgment recovered against him at the suit of the United States. Referred to the Commitee vo the Judicary.

Mr. P. F. THOMAS presoned the petition of James Seaburn, praying tha! certain tonnage duty paid by him at Wilmington, N. C. in 18.5, may be refunded. Referred to the Committee or Ways and Means.

Mr CALFIOUN, from the committee appointed on the subject, made a repori, accompanied by a bill, granting a bounty in land to guch soldiers of ine old 'fourth regiment of United States infantry as servei during any part of the war with Great Britain. Read, and reserred to a Committee of the whole House

Mr. JOHN QUINCY ADAMS, from the committee to which was referred the bill to provide for the disposal and manage ment of the fund bequea hed by James Souinsin to the Unied Stales for the establishment ofan institution for the increase and diffusion of knowledge among men, reported an ainen latory bill, accomdanied by a repori, which were committed to the Cemmillee of The Whole on the state of the Union.

Mr. TILLINGHIAST, from the Committee on the Library, reported a joint resolution for the disposition of certain documents 11ow deposited in ihe Library of Congress; which was read.

In the course of the despatch of the above business from the committees, one question arose on discharging the Committee on ludian Affairs from the consideration of certain papers, and referring them to the Committee of Claims, which was tiebaied at considerable length, and finally decided by yeas and naye yeas 77, nays 56.

Mr. BELL having introduced a resolution granting to the Committee on Indian Affairs power to send for persons and papers, with a view to investigate certain alleged frauds in a treaty made with the Caldo Indians

Mr. GARLAND of Louisiana said he hoped the resolution reported by the Committee on Indian Affairs would be adopied, and that the committee would proceed with as much diligence as possible to the examination of the charges contained in the petition of Samuel Norris, alleging fraud and misconduce against Jebiel Brooks, the commissjoner who negovated the treaty with the Carldo Indians of 1935, by which* Norris alle. ges he has been injured, and the Government defraudeid out of a valuable tract oi land.

Mr. G. gaid, from the delay that had occurred, and from the representations which would probably be ma lé by Brooks, 11 might appear he had been remis in the discharge of his dury. To counteract any impression of the kind that might be made on any portion of his constituents, he thought it bec ceary to recall the attention of the Blouse to what hail taken place, and the facts as they appeared on the juurnal, or were known to the memberg.

Mr. G. said he had halthe memorial of Mr. Norris in his possession some time before he has an opportunity of prerenting il, in consequence of the peculiar condition of the House. Ile had mentioned some of the facts in relat on to this transac. tion to a person in this city, ulio is inert sied in the land, and told him ihai, as soon as practable, it was his (Mr. G':) in:ention to present the maller in the consideration of the House of Representatives. This conversation, which was a gereral character, he believed, had been c'immunicated to Brooks, but in what language he did not know

Mr. G. said, that on the 6h of February, as woull appear by the journal, he had presented the perition of vir. Norris, with the evidence in eupport of it. It was the first day, under the rules, that he could present that petition, or any ther. When he presented it, he called the atten'ion of the llouse, and particularly that of the chairman of the Committee on In: dian Affairs Mr. BELL) to its contents, which he stated very fully, and requested his immediate attention to it. Some five or six days after, (Mr. G said.) he had receivel a letter from Jehiel Brooks, stating that he had been waiting for soine time to see his (Mr. G's)"indictment against him. The tone and evident object of the letter was, doubtless, to get up an issue different from the one made by Mr. Norris, and with another person--for whal purpose it was not difficult to divine.

Mr. G. said, as it was no: his intention to permit any change of the issue presented, or to liave the insestigation smothereu by a personal controversy with Mr. Brooks, heliad not an. swered the letter, but immediately informed a member of the Committee on Indian Affairs of it, and desired that an imme. diale investigation take place, and that Brooks be notified or il. Some days after, he received another leter from Brooks, reierating his request, in impertinent language, which Mr. G. said he did not choose to notice, but callel on the chairman of the commiitre, and requestolthe memorial of Norris night be taken up without delay, and Brooks norifeil, which was promised. Mr. G. said a delay hail occurred in the comınittee, from the mass of business before it, and the fact that the me. morial was not laiil before it by the officers of he 1701" for some week or ten days after it was presented, in cone, quience of the mass of petitions presented on the 5th and 6 h February, all of which hail to be eniered on the journal, dorkeird, and dia. tribited.

Mr. G. Rail thai, on the 24h of February, with a view of fa. cilitatiug the investigations of the Committee on Indian Affaire, it would appear from the journal that he had offered a reselution calling on the Secretary of War for all the documents. pa pers, and information in the possession of the Deparimeni in relation to the negotiation and execution of the Caillo treaty, and particularly in relation to the reservations of land in it. The resolution is very compribensive, and covers the whole ground. It is as follows:

"Resoired. That the Secretary of War he direc!ed on com. municate to this llouze the amount agreed to be paid to the Caddo Indians by ihe (realy made with them on July 1, 1935, at what times and dalex the said sums were paid, to whoin pail,

by whom paid, and whother the Indians have received said sums; if 80, whether in money or merchandise; and if the lat ter, what was its real value. Also, that he communicate all the correspondence in the Department relating to the payment of said sums, together with all the information in his possession connected with the subject. And the said secretary is also directed to communicate, in a separate report, all the documents on file in relation to the negotiation of said treaty with the Caddo Indians, and the reservation therein made, the instructions to the commissioners who negotiated the same, and all correspondence with him or other persons in relation to said treaty, or be reservations therein; the rights of the Indians to the land which was occupied by them; what right or claim the persons in whose favor the recervations are made have or had to the same; and generally all documents or information in the possession of the Department relating to the rights or claims of the said Indians; ihe negotiation and execution of the treaty, the rights of individuals who have been affected by it; the objects of the Go. vernment in making said treary, and any other matter he may think proper connected with these objects."

Mr. G. said it would be recollected he had moved the imme. diare adoplion of the resolution, statiog at the time it was very desirable to obtain the information iinmediately, as it was no cessary to prosecute the investigation into the alleged frauds in relation to the reservations in the Caddo treaty. An objection WAS 12le to the cousideration of the resolution at that time by a gentleman from Tennessee, (Mr. Cave Johnson,) and though Mr. G. had earnestly appea.ed to hiin to withdraw the objec. tion, he had persisted, ani the resolution necessarily laid over, under the rules of the House. On the morning of the 26th or February, this resolution was published in the National Intelligencer. On the afternoon of that day, Mr. Brooks, who had been so ansiously waiting for my indictmeni, set off to Louisiana, leaving a letter to be delivered to me after he was gone, impugning my motives, and threatening me with consequences which he had not the courage to stay here to execute. "This lei. ter (Mr. G. said) was delivered to him whilst in his seat, on the 27th of February, by one of the pages of the llouse. He imme diately had inquiries made for Brooks, and found he had gone the day previous.

Mr. O repeated his wish that the resolution should be ad.pted, and that the committee would take immediate measures to notify Brooks, and proceed to the investigation of the charges which he pretended to court, and of which he might have been inforined any day after the 6th of February, by application to the Clerk of the House. The resolution of Mr. BELL was adopted.

Another brisk discussion took place on a resolution moved by Mr. PICKINS, chairman of the Committee on Foreign Affairs, for the furnishing that committee with maps, those now in committee mom being antiquated, and in a great degree useless.

Mr. PETRIKIN desired that the committee should be restricted 10 such maps only as were now in the committee room of the library.

Mr. SUMTER warmly remonstrated against such an idra, and spoke of the vast importance of the maliers submitted to the committee, and the necessity of us having all the lights which could be obtained.

Mr. ADAMS wished the committee confined to a definite number of maps; as the CLERK might otherwise make a con tract with Mr. Langtree to furnish all the maps in Arrowsmith's collection, for aucht he or the lloupe knew.

Mr. PETRIKIÑ withdrew his amendment, and the resolu. tion was recommitted.

Mr. CLIFFORD, from the Committee on Foreign Affairs, io. Troluced a resolution that so much of the President's message as relatrs to the Northeastern boundary of the United States be Jeferred to that committee

Mr. GARLAND oljected to this resolution as out of or ler, the while message having a really been referred to the Comn. illes of the whol on the state or the Union.

Mr. CLIFFORD then propostd, as his qiliválual act, to mo. dify the resolution.

Mr. GARLAND objected to this as equally ont of oriler, be cause the gentieman could not, as a private individual, modify a resolution reported by a committee of the Jlouse.

Mr. PICKENS said the only de ign of resolution was to give the comini lee cognizance of the sui jeci, which it might be iinportant for it to have.

Mr. JUNT objected, but said that is the chairman of tha committee would say it was now important, he would withdraw his ol jaction.

Mr. CLIFFORD inquired whether his resolution, as modifically bad been entertained by the Chair?

The CHAIR replying in the negativa-

Mr. EVANS appealed; when after some conversation, Nr Hunt withdrew his objection, and Mr. Evans his appeal, and the resolution, as modified, was agreed 10.

The call of committees for reporis having proceeded as far as the Committee on Revisal and Unfinished businees

Mr. HOFFMAN moved an adjourument, bot it did not prevail

The call of commito's was now resumed, and when it has proceeded as far as the Committee on the Expenditures in the Department of War

Mr R. GARLAND, chairman of that committee, moved that the committee have power to send for persons and paper lo e able it to inquire into the legality of those expenditures; 18gether with an amendment proposing that the commiulee have power to employ a clerk at 64 per day during the zitting of the committre.

Mr. PETRIKIN demanded the previous question on the reBilution and amendmeni.

The call was seconded by the House, and the previous quzstion was thereupon put ani carried.

And the main question heing first on the amendment, it was negalived-yeas 73, nays 99.

So the House refuse to allow the committee a clerk

The question was then put on the adoption of the resolution, and decided in the affirmative-yeas 109, naye 63.

The CHAIR announced that reports from the Committee of Elections would be in order.

NEW JERSEY ELECTION. Mr. CAMPBELL, from the Committee of Elections, to which was referred the resolution of the House of ih: 28th ult. directing said committee to report fortwith to the House, a hich five of the ten

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Continued from No. 15.
candidates for seats as Representatives from The
State of New Jersey bad received the greatest num:
ber of lawful votes at the late election in that
State, made a detailed report thereon, concluding
with stating that Messrs. DICKERSON, VROOM,
KILLE, Rrall, and COOPER, had received the
greatest number of lawful votes.

REPORT
ON THE NEW JERSEY CONTESTED ELECTION
In compliance with the resolution adopted by the

House of Representatives, on the 28th uliimo,
instructing the Committee of Elections to “re-
port forthwith which five of the ten individuals
claiming seals from the State of New Jersey, re-
ceired the greatest number of lawful votes from the
whole Slate for Representatives in the Congress of
the United States al the election of 1838, in said
State, with all the evidence of that fact in their pos-
session: Provided, That nothing herein contained
shall be so construed as to prevent or delay the action
of said commiltee in taking testimony or deciding the
said case upon the merits of the election.” The
cumniilee submit in the foilowing

REPORT: While the committee, Irom the commencement of its labors in this important case, have been actuated by the most anxious desire to do justice to the individual claimanis, to the ancent and honorable Siale for whose service ihey are maintaiding an animated contest, and to the whole American people, who have a deep and abiding in. terest in preverving the purity of elections; and while for securing so valuable a result, the commillee had market ont a course somewhat different from that which seems now to be prescribed by the House, tbey cheerfully yie'd to its authorily; and so far as they can ascertain its intention, they have no other inclination than to give it ample and speedy effect.

The committee, however, have encountered no inconsiderable difficulty in harmon zing all the terms of the resolution with that intention, which, from the circumstances of the case, as well as from

the more prominent clauses of the resolution itself, is they must understand to have governed the action

of the House. To give every word in ihe resolution The full force of a literal interpetration, would be, perhaps, to raise such a conflict between the paris as to disable the whole. But instead of separating it into paris, the whole resolution should be so con. strued as to give expression to a distinct intention, which is capable of being ascertained and effectu. ated. As a portion of the House, the members of the committee are not ignorant of the importance thai was attached to the insertion of ihe word "lauful," before the word "voles," in the resolution. Nor can they overlook the fact that connec:ed with the proposition to insert, was ihe motion to strike out another word, utterly inconsistent with that broad and s-arching investigation which the insertion of the word "awful” (without reference to other expressions in the resolution, or to the posure of the case it-el') would seem to demand.

The House had referred to the committee the whole subject-matter of ihe controversy, and with it a mass of testimony having no application to any inquiry, short of the merils of the election. The commitee had, as was well known to the House, entered upon this inquiry, and had adopted such measures for the procurement of testinony as would probably probe to the core all frauds and ilegalities. In the pros'cation of this investigation a delay had occurred, the deplorable effects of which were as manifest to the committee as to the House.

When the proposition to instruct was originally introduced as an amendment to the app ication with which the committee had come before the House, its intent was clear that a report should be immediately made of the names of ihose who had received the greatest number of voles at the last Congressional election in New Jersey. If any thing more was wanting to explain the meaning of

this proposition, it is to be found in the proviso which was added, and which clearly indicated that the action which the Heuse was moved to demand, did not contemplate an interference with the course adopied by the committee for the "laking of testimony, and deciding the case upon the merits of the eleclion."

Under these circumstances, if the proposition to strike out the word "forthwiih," and insert the word "lawful,” had fully succeeded, there would still have remained that prominent clause of proviso; and it might well have been understood, that, notwithstanding the omission of the word "forthwith,the House desired an immediate report; and that, notwithstanding the insertion of the word "lauful,” the House contemplared that the report should be independent of testimony, now under the process of being obtained, for the purpose of deciding the election upon its meriis.

Upon what basis, then, could such a report be constructed? Manifestly not upon the partial, inconclusive, and incompetent testimony as to the legality of votes now in the possession of the commit. tee.

The Hou e cannot have contemplated a report, involvirg an investigation of the ballet boxes, without allowing time or opportunity for that investigation to be thorough.

Atlhe same time, the committee cannot entirely overlook the word lawful,” or strike that from The reso!ut on which was inserted upon a contest so close as to require a casting vote for is decision. Did this word stand disconnected wiih, or unqualified by, ihe various considera ions already alluded to, no doubt could be entertained as to its effect. It would lead in a thorough and final purgation of the rolls, and would delay a report to that period, to which it was well known to the House that the committee had postponed a decision upon the ques. tion of ultimate right.

There is but one other basis left, and that is the prima facie case upon the returns of lhe local officers of the several polls; and the nature of the con. troversy taken into consideration, it can scarcely be doubted that to this basis the resolution looked.

If this conclusion might reasonably have been reached, in the event of the complete and coeval success of the mo'inds to strike out and inseri, how much more easily is it attained when he resolution is found armed with the pungent word forthwith," quickening the action of the committee, and declaring opposition to the long delay which had been found inseparable from a thorough investigation into the legality of the votes.

If, therefore, the word "awful,” surrounded as it is by every thirg which negatives the idea of a mere adherence to the original course of the committee, can be made to harmonize with the context

under

that, should all the votes proved to be illegal by compelent teslintony, be deducted from those who received the grealest number at the polls, which appear to have been held in conformity with law, the resolt would not affect the right of any candidate to a seat.

With this explanation, which they have considered due to the House and to themselves, the committee will now proceed 10 examine the allegations against the validity of certain township elections, as far as such an examination can be made upon the testimony in their possession.

Upon this branch of the case, the claimants hold. ing ihe Governor's commissions, claim

1st. That, apart from their not being received in lime to be counted according lo laro, the votes of Millville should be set aside for the fraudulent and illegal conduct of the officers of election, in proclaiming their intention to receive the voles of aliens, and in receiving a large nunber of such knowingly, and in violation of the laws of the Stale.

Without inquiring into the effect of these charges, if they were substantiaied by competent and satisfactory testimonv, it is sufficient to state ihat they are unsupported by any testimony in the possession of the committee.

2d. They allege that, apart from all defects and irregularilies in the return, the votes of South Amboy should be set aside, because one of the officers of election duly chosen, was unlawfully prevented from acting, and another substituled in his place, who acted and signed the list, &c.; and because the board, thus unlawfully constiluled, received a large number of alien volts contrary to law.

In support of these allegations, numerous depositions have been produced, but without expressing an opinion, whether, if satisfactorily proved, they would constiute sufficient evidence of fraud to set aside the votes of this township; it is only neC:ssary to slale that the evidence was taken ex parle, without sufficient notice, and has been rejected by the committee as incompetent to be considered in this case.

3d. It is further claimed, that the poll held at Saddle River, in Bergen county, should be set aside: Because at least eight doles given for them were fraudulently abs'racted from the ballot box, and as many for their opponents fraudulently substituted: Because in making cut the list of doles in said township, at least eighl voles less than were given for thom roere counted in their favor, and at least as many were counted for 'their opponents, more than they received: and because the list of votes in said township bears upon ils face evidence of mistake or fraud.

In support of these charges, the depos:tions of numerous vo'ers have been submited; but, being taken ex parle, and without sufficient notice, they have been rejected by the committee, as incompetent

which it was adupied, hy every sound rule of con- | telt is also claimed that the polls held at the town

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struction, lhat end should rather be attained by limiting the meaning of ihat word, than by bending the reason and language of all the rest (if ihat were possible) to its strongest and amplest signification.

The committee are therefore of opinion that they correctly construe that word with the context, when they limit its signification to that prima facie law. fulness of votes which arises upon their reception at polls held in conformity with law; and in thus limiting its signification, they feel ihemselves sustained by the general language and spirit of ihe resolut on, and by the situation of lhe case itself.

The committee are confirmed in this construction, and the course consequent thereon, by the consideration that any judgment looking beyond the face of the polls, which they might base upon the incorclusive testimony in their possession, would be unsatisfactory to the House, unjust to the parlies, and calculated to produce erroneous conclusions in relation to a mass of facts which appear to be verified by the oaths of voters, but which, either because of the extra judicial administration of the oaths, or the want of due notice to the opposile parties, have been rejected as not sufficiently proven. It is proper, however, to state

ships of Newton, Harderton, and Veraon, in Sus. sex county, should be set aside, for reasons that will more fully appear by reference to the document marked A, accompanying this report. But there is no competent evidence before the commit. lee in support of these allegations.

Having ihus dispo:ed, for the present, of the various objections to the validity of the elections held at the several townships claimed to be set aside, The coinmittee will now proceed to ascertain "which five of the len claimants received the greatest number of lawful votes” at the late Congressional election in New Jersey, according to the several retuins purporting upon their face to be made by officers duly authorized to act.

The committee take as the basis of their calculation, the statement upon which the Governor and Privy Council of New Jersey made their decision, and which is found in the minutes of the proceedings of the Governor and Privy Council.

From this statement, it appears that lhe total of votes for each of the ten claimaats was as fol. lows: For Philemon Dickerson

27,951 Peter D. Vroom

27,990

For THOMAS JONES YORKE. Votes counted by the Governor and

Votes of Millville and South Amboy

28,177

144

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Daniel B. Ryall

27,939 William R. Cooper

27,954 Joseph Kille

27,924 John B. Aycrigg

28,150 John B. P. Maxwell

28,239 William Halsted

28,192 Chas. C. Stration

28,252 Thos. Jones Yorke

28,177 Philemon Dickiuson

3 John B. Acrigg ·

1 In this statement, as it appears to the satisfac. tion of the committee, and has not been denied or the contrary pretended, the votes received at the townships of Millville and South Amboy are not included.

The state of those polls is exhibited by the documenis (marked C and D) accompanying this report, whereby it appears that the total of votes of The two townships, for each of the ten claimants, was as follows: Philemon Dickerson

502 Peter D. Vroom

502 Daniel B. Ryall

502 William R. Cooper

501 Joseph Kille

502 J. B. Aycrigg

144 J. P. B. Maxwell

144 William Halsted

145 C. C. Stratton

144 T.J. Yorke

144 These votes being added respectively to those set forth in the documents marked B, already referred to as the basis of the Governor's commissions, the following results are exhibited, to wii:

FOR PHILEMON DICKERSON. Votes counted by the Governor and Privy Council

27,951 Votes of Millville and South Amboy 502

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without inquiring whether said voles were lauful or not; therefore,

Resolved, That said report be recommitted to said committee, with instructions to inquire and report to this House, with all convenient despatch, which five of ihe ten claimants to the vacant seats in this House from said State received the greatest mumber of lawful votes at the last Congressional election in said State.

Mr. DRONGOOLE rose at the same time with Mr FILLMORE, and handed up a resolution which he wished to offer; but the SPEAKER awarded the floor to Mr. FILLMORE, and his resolution was read.

Mr. MEDILL rose and said that the resolution was out of order, and insisted upon the reading of the papers without interruption.

The Clerk again commenced the reading, but was again interrupted by

Mr. LINCOLN, who submitted to gentlemen whether it would not be betier to postpone the reading till to-morrow, when they would have a whole huur, in the course of the morning, to bear it in.

Mr. DROMGOOLE attempted to obtain the floor, and moved the printing of the report; but on repeated calls to order and calls for the reading, resumed his seat.

The Clerk then resumed the reading of the re. port, and continued, without interruption, till he had finished it; when

Mr. PETRIKIN rose and inquired of the Chair what was the question before the House.

The SPEAKER replied that the question was on the resolution of the gentleman from New York, [Mr. FILLMORE.)

Mr. PETRIKIN then moved the previous ques. tion on it.

Mr. FILLMORE contended that the gentleman from Pennsylvania had no right to move the previous question, as he was entitled to the floor, and had not relinquished it.

The CHAIR said that the gentleman from New York was entitled to the floor; and therefore the motion of the gentleman from Pennsylvania was not in order.

Mr. DUNCAN. I want to know whether it is in order for the gentleman from New York (Mr. FILLMORE] to interrupt the reading of a report while the Clerk was reading it. and, by offering a resolution, get the right to the floor.

The SPEAKER said that the gentleman from New York obtained the floor while the reading was suspended, and nobody objecting to his resolution, it was received.

Mr. DUNCAN said that the gentleman from New York interrupted the reading of the report, and had no right to offer his resolution: he would therefore appeal from the decision of th: Chair, giving the floor to the gentleman.

Mr. PETRIKIN insisted on his right to the floor. He moved the previous question as soon as the reading of the report was finished, and before the gentleman from New York rose. The Chair, he said, recognised his right to the floor, and told him what was the question before the House. On being thus recognised by the SPEAKER, he moved the previous question.

The CHAIR said that when he recognised the gentleman of Pennsylvania's right to the floor, he was not aware that the gentleman from New York would claim il-but as the gentleman from New York bad not yielded the floor, he was entitled to it when the gentleman from Pennsylvania rose.

Some gentleman here, the Reporter could not tell who, called for the printing of the report, but so many objections were made, that the question was not put.

Mr. DUNCAN called for the question on the appeal.

The CHAIR requested the gentleman from Ohio to reduce his appeal to writing.

Mr. CAMPBELL, chairman of the commistee, suggested that as the report would come up the first thing in the morning, the House bad better adjourn. Mr. C. made a motion to that effect.

Mr. PROFFIT here moved an adjournment.

Mr. DUNCAN. I have ibe floor, I suppose, while I am writing out my appeal, by direction of

28,492

Total for Thomas Jones Yorke 28,321 It will be observed that the foregoing statement does not include as votes for Philemon Dickerson the three votes staled in the document marked B, as having been given to Philemon Dickinson, and which, is added io the votes for Philemon Dickerson, would make a total of 28,456.

The addition of the one vole stated in like manner as having been given for John B. Acrigg, to the votes for John B. Aycrigs, would make a total of 28,295.

Thus it appears that, prima facie, upon the evi. dence in the possession of the committee, Philemon Dickerson, Peter D. Vroom, Daniel B. Ryall, Wil. liam R. Cooper, and Joseph Kille, are the "five of the ten individuals claiming seals from the Stale of New Jersey, (who] received the greatest number of lawful votes from the whole State for Representalives in the Congress of the United Stales, at the election of 1838, in said State.

The SPEAKER stated that he had yesterday received certain depositions in relation to the New Jersey case, which it was not in order for him then to present.

Mr. MEDILL called for the reading of the report of the committee.

The CLERK accordingly commenced reading the report, and had continued but for a short time, when

Mr. HOPKINS observed that it was evidently too late in the evening for the report to be read with any degree of profit, and, as the matter would come up the first thing in the morning, he suggested whether they had not better adjourn. Mr. H. then moved an adjournment.

Mr. CRAIG also suggested an adjournment for the same reasons, and moved the printing of the report; but, on cries of "No, no" from several, and the calling for the yeas and pays, the motion to adjourn was withdrawn.

The CLERK then continued the reading of the report for a short time, when he was again interrupted by

Mr. FILLMORE, who offered the following resolution :

Whereas the House did, by a motion adopted on the 28th day of February, 1840, among other things direct the Committee of Elections to report“ forthwith” which five of the ten individuals claiming sea's from the State of New Jersey received the greatest number of lawful votes from the whole State for Representatives in the Congress of the United States, at the election of 1838, in said State ;” and whereas this House had previously referred evidence to that committee, tending to show that the poll at South Amboy, in said State, at said election, was not held according to law, and that the numerous votes given al said election were unlawful, because the persons voting had no legal right to vote, and the parties to said contest are now absent from this city, with the consent, and under the authority of said committee, taking testimony in said case, for the purpose of ascertaining who received the greatest number of lawful votes at said election in said State; and whereas certain depositions, alleged to have been taken by one of the parties to said contract, in pursuance of the directions of said committee, have been transmited to the chairman of said committee in a sealed envelope, addressed to the SPEAKER of this House, tending to show, as is alleged, that the polls at South Amboy were not held according to law, and that unlawful votes were taken at said poll; and whereas said committee, in acting on said resolution of this House, refused to consider any portion of said evidence, but determined to report, and have reported, simply the number of "votes adjudged to have been given to the several claim. anis by the Governor and Privy Council of New Jersey, together with those returned by the election officers of the townships of Millville, in Cumberland county, and South Amboy, in Middlesex county, to the clerks of said counties respectively,"

27,939

Total for Peter D. Vroom

FOR DANIEL B. RYALL. Votes counted by the Governor and

Privy Council Votes of Millville and South Amboy Total for D. B. Ryall

FOR WILLIAM R. Coorer. Votes counted by the Governor and

Privy Council Votes of Millville and South Amboy

502

28,441

27,954

501

28,455

Total for William R. Cooper

For Joseph Kille. Votes counted by the Governor and

Privy Council
Votes of Milville and South Amboy

27,924

502

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the Chair: nobody can move an adjournment while I have a right to the floor.

Mr. PROFFIT. I made a motion to adjourn, and wish to know whether the gentleman from Ohio, by his appeal to sustain the motion of the gentleman from Pennsylvania, can deprive me of the right to have the question taken on my motion.

The SPEAKER said the gentleman from Indiana (Mr. Proffit] had a right to move an adjournment.

Mr. PROFFIT renewed his motion to adjourn.

Mr. DROMGOOLE called for the yeas and nays; which being ordered, the question was de. cided in the negative that way-yeas 71, nays 90.

Mr. Duncan's appeal was then read.

Some conversation then took place as 10 the phraseology of the appeal in which ihe SPEAKER, Nir. FILLMORE, and Mr. DUNCAN, participated, Mr. FILLMORE stating that the point was not correctly stated, and that when he offered his resolution the reading of the report was suspended by general consent, and that it was so understood by ibe gentleman from Virginia, (Mr. DROMGOOLE,] wbo endeavored to offer a resolution at the same time.

The SPEAKER thought the facts were not exactly stated as they happened. His impressions were that the reading of the report was suspended by general consent, and that the resolution of the gentleman from New York was received in the same way. The Chair, he said, was often placed in difficuliy by propositions to receive motions by general consent. Some gentlemen would make objections and then withdraw them, and from the confusion often produced on such occasions, the Chair was often led, unintentionally, into error, particularly when the proposition is permitted 10 be read for information only.

Mr. MEDILL was salisfied that the Speaker was in error in saying that the gentleman from New York bad moved his resolution before the reading of the report was called for. The CLERK was reading the report when he was interrupied by the gentleman from New York, and he (the CLERK] stopped, as a matter of course, when the gentleman interra pied him, and he rose, and, addressing the SPEAKER, offered his resolution. The gentleman from Virginia (Mr. DROMGOOLE) rose nearly at the same time, and offered a resolution, but the Chair awarded ihe floor to the gentleman from New York. He then, as he supposed both gentlemen 10 be out of order, rose, and demanded if he had not a right to have the reading of the report proceeded with.

Mr. DROMGOOLE said, that when he discovered that the reading of the report was sus. pended, he supposed that it was done by gener al consent; ani therefore it was that he endeavorel 10 offer his resolution. If the reading of the iepoit was not suspended by general consent, as he learnt from the genileman from Ohio, (Mr. MEDILL,] it was clear that the gentleman from New York was out of order, when he offered his resolution. Uuul he heard the explanation of the gentleman from Ohio, (Mr. MediLL,) he was under ihe impression that the reading was suspended by general consent. There was so much confusion in the hall at the time, that he, as well as the Speaker, might have been led into error.,

Mr. PETRIKIN insisted on his right to the floor, and said it was of no consequence whether the genthe man from New York was out of order or not, when he offered h's resolution, as he [Mr. P.) made his motion immediately on the conclusion of the reading of the report, and the Speaker then recog. nised his right to lhe floor.

Mr. WHITE of Kentucky called for the reading of the documents accompanying the report.

Mr. CRAIG’S idea was that he whole matter was out of order. If the reading of the report was caliea for, as they were told by the gentleman from Ohio and others, the gentleman from New York had no right to offer bis resolntion while it tas being read. He, himself, rose out of order, and wished to get the unanimous consent of the House for printing the report, and an adjournment. It was raiher an appeal to the good sense of the

House, than a regular motion to the Chair. He knew he was out of order, and when he found it was ihe wish of the House to proceed with the business, he 100 bis seat.

[Much disorder prevailed at this time, a number of gentlemen trying to get the floor, and addressing the Chair.]

The SPEAKER said he would make a short statement of the facts, so far as he understood them. The Chair supposed, when he received the motion of the genil man from New York, (Mr. FillMORE) that the reading of the report was suspended by general consent. He would, however, siale it was always a difficult mallcr for the Chair 10 decide when motions were received by general consent, or only suffered to be read for information, as much confusion generally attends such propositions, and gentlemen who make objections ofien wi hdraw them. In this case, lhe Chair believed that the reading was su-pended by general consent; but it seemed ibat, in ihis, he was mistaken, for the Se. nator from Ohio stales ibat he called for the reading of the report. There was a difficully which had occurred to the Chair since his decision, and this was whether the member from New York (Mr. FILLMORE) did not lose his right to the floor by not claiming it until after the gentleman from Pennsylvania [Mr. PETRIKIN) had risen and been recog. nised by the Chair. This question would, however, be decided by the question on the appeal taken by the Senator from Ohio, (Mr. DUNCAN.) As there was some difficulty as to ihc phraseology of the appeal, the Chair would, with the assent of the gentleman from Ohio, state the question on the appeal as simply appealing from his decision, giving the foor to the genileman from New Vork.

Mr. DUNCAN assented.

After some remarks from Mr. BRIGGS, nol heard,

The SPEAKER stated the question on the ap. peal.

Mr. CHAPMAN would ask of the House if any one could understand the True stale or lhe case better than the gentleman from Ohio, (Mr. MxDILL,) who was a member of the committee, had made himself fully acquainted with the subject, and was near to the gentleman of New York and to the Chair when the two molions on which the appeal resled were made.

Mr. CHAPMAN was called to crder, and took his seat.

Mr. FILLMORE demanded the yeas and pays on the app?al, which were ordered.

Mr. PROFFIT said he rose to a point of order.

Several gentlemen. There is a point of order now pending.

The previous question on the appeal was then seconded by the House, and the main question having been put, resulted-yeas 82, nays 88.

So the decision of the Chair not being sustained, The effect was to award the floor to

Mr. PETRIKIN, who withdrew his motion for the previous question, and asked of the Chair what was the question before the House.

The SPEAKER said it was on the motion to recommit, made by the gentleman from New York, Mr. FILLMORE.

After a desultory discussion on the question of order as to the question before the House, in which Messrs. TAYLOR of Ohio, FILLMORE, and PETRIKIN, took part,

The CHAIR again stated the question before The House; when

Mr. PETRIKIN submitted the following substilute for Mr. FillMURE's resolution, by way of amendment, and moved the previous question on it.

Whereas it appears by the report of the Committee of Elections that Philemon Dickerson, Peter D. Vroom, Daniel B, Ryall, William R. Cooper, and Joseph Kille, received the greatest number of lawful voles cast in the Siate of New Jersey at the election holden in ihai Slate for Representatives in The Twenty-sixth Congress:

Resolved, That Philemon Dickerson, Peter D. Vroorn, Daniel B. Ryall, William Cooper, and Joseph Kiile, are entitled to take their seats in the House of Representatives as members of the Twenty-sixth Congress, and that the Speaker of the House, on their presenting themselves, qualify

them as such: Provided, That nothing herein contained shall prevent the investigation into said election from being continued in ihe manner heretofore authorized by a majority of the Committee of Elections, on the application of the five claimants for said seats.

Mr. FILLMORE enquired whether the amendment was in order.

The CHAIR said it was read for information:

Mr. PETRIKIN said lie would advise the gentleman from New York never to fire until he was loaded. The well meaning part of the country was tired of hearing of the continued debates on this New Jersey question. He was tired of hearing gentlemen on the other side continually complaining that poor New Jersey was unrepresented on that floor. Enough had been said of broad seals, prima facie evidence, &c.; and as the committee had now reported which five of the ten contending candidates had been duly elected by the people, he wanted the matter setiled ai once, and the right members put in their seats. It was with this view that he had offered his resolution.

Mr. FILLMORE said his point of order was this: The gentleman's amendment, by s'riking out all after the word "whereas," did not leave'a substantive portion of the resolution. Again: his resolution was to recommit the report, while the amendment offered a different and distinct proposition to admit five members to their seals.

The Chair informed the gentleman from New Yark that, the previous question being called, it was not in order to debate.

Mr. FILLMORE said as he was not permitted to say any thing in its favor, he would withdraw his point of order.

Mr. CONNOR then moved a call of the House; but, from the confusion and noise prevailing, the motion was not entertained.

Mr. PROFFIT said he had called fifty times, as he could prove, for the reading of the papers accompanying the report. I call for it now, said he; but in this scene of revolution and Jacobinisin, no man has his rights.

The SPEAKER said the gentleman bad a right to call for the reading of papers, about which he was called on to vote.

Mr. HOPKINS here moved that the House adjourn; and the yeas and nays being called for and ordered, the question was decided in the negative yeas 75, nays 92.

Mr. PRENTISS of New York moved a call of the House.

Mr. WELLER called for the yeas and nays; which were ordered. Mr. HOWARD moved an adjournment.

Mr. PROFFIT called for the yeas and pays, which were ordered; and the qnestion was in that way decided in the affirmative-ycas 85, nays 72.

So the House adjourned.

IN SENATE,

Friday, March 6, 1840. The CHAIR submitted a report of the Secretary of the Navy, made in compliance with a resolution of the Senate of January 29, 1840, transmitting a list of officers admitled to the roll of Davy pensioners beiween the 30th of June, 1800, and the Ist of January, 1837, and specifyirg iheir rank, the degree and nature of disability, and the amount of monthly pension; which was laid on the table.

Mr. GRUNDY presented the memorial of Edmund P. Gaines, proposing a system of national defence, and recommending the same to the adoption of Congress; which was referred to the com. mittee on Military Affairs, and ordered to be printed.

Mr. BUCHANAN presented fifteen memorials, praying for an increase of duties on imported silks; which were referred to the Committee on Finance.

Mr. B. also presented the memorial of the Chamber of Commerce of the city of Philadelphia, praying the passage of a bankrupt law; which was referred to the Commi lee on Finance.

Mr. CLAYTON presented the petition of Olivia W. Cannon,widow of Joseph S. Cannon, deceased, late an officer in the Navy of the United States, which was referred to the Committee on Pensions.

Mr. PIERCE presented the petition of the wi

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