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FOR F. W. PICKENS.-Messrs. S. H. Butler, J. Campbell, Fisher, Holmes, Hunter, W. C. Johnson, J. Roger, and Sumter-8.

FOR JOHN BELL.-Messrs. Dawson and Fillmove-2.

FOR J. Q. ADAMS.-Mr. Gates-1.

FOR H. A. WISE.-Mr. C. H. Williams-1. FOR WADDY THOMPSON.-Mr. J. Garland-1. Mr. UNDERWOOD moved that the House adjourn: lost without a division.

Mr. WADDY THOMPSON then stated that it was Mr. DAWSON's wish that he should not again be voted for.

The House then proceeded to a fifth ballot; and the vote being announced, it appeared as follows:

FIFTH BALLOT.

FOR JOHN W. JONES.-Messrs. J. Allen, H. J. Anderson, Banks, Beatty, Beirne, Blackwell, Boyd, Brewster, A. V. Brown, Carr, Carroll, Casey, Clifford, Coles, Connor, Davee, J. Davis, Doan, Doig, Dromgoole, Duncan, Earl, Ely, Fine, J. Fletcher, Floyd, Gerry, Hammond, Hand, J. Hastings, Hawkins, Hil of N. C., Hillen, Holleman, T. B. Jack-on, Jameson, J. Johnson, C. Johnson, Nathaniel Jones, Kemble, Leadbetter, Lowell, Lucas, McClellan, McKay, Mallory, Marchand, Medill, Miller, Newhard, Parish, Parmenter, Prentiss, Reynolds, Samuels, Shepard, A. Smith, Starkweather, Steinrod, Strong, Swearingen, Sweeny, Taylor, F. Thomas, P. F. Thomas, Turney, Vanderpoel, D. D. Wagener, Watterson, Weller, and H. Williams-71.

FOR R. M. T. HUNTER-Messrs. Adams, J. W. Allen, S. H. Anderson, L. W. Andrews, Biddle, Bond, Botts, A. Brown, W. B. Campbell, Carter, Clark, J. Co per, Corwin, Cranston, Crockett, Curtis, Cushing, E. Davies, G. Davis, Deberry, Dennis, Edwards, R. Garland, Gentry, Giddings, Goggin, Goode, Graham, Graves, Green, Henry, Hil of Va, Hopkins, James, Jenifer, W. C. Johnson, Mason, Mercer, Mitchell, Monroe, C. Morris, Naylor, Ogle, Pickens, Pope, Proffit, Randolph, Rariden, Rayner, Reed, Ridgway, Saltonstall, Sergeant, Simonton, S ade, Truman Smith, Stanly, Storrs, Taliaferro, W. Thompson, Tilling. hast, Toland, Trumbull, Underwood, J. White, T. W. Williams, J. L. Williams, and Wise-68.

FOR DIXON H. LEWIS-Messrs Atherton, Black, A. G. Brown, Burke, S. H. Butler, Wm. O. Butler, Bynum, Chapman, Colquitt. M. A. Cooper, Craig, Crary, Cross, Dana, J. W. Davis, De la Montanya, Eastman, Forrance, Galbraith, Griffin, Hook, Howard, Hubbard, J. W. Jones, Keim, King, Leet, Leonard, McCulloh, Montgomery, S. W. Morris, Nisbet, Parris, Paynter, Petrik n, Ramsay, Rhett, Rives, Robinson, E. Rogers, Shaw, J. Smi h, Thomas Smith, Sumpter, J. Thompson, Wick, J. W. Williams, S. Williams, and Worthington-49.

FOR JOHN BELL-Me srs. Barnard, Briggs, Brockway, Chinn, Dawson, Fillmore, Granger, Grinnel', Habersham, Hall, Holleman, Hunt, Chas. Johnston, Lawrence, Lincoln, Morgan, Peck, Russell, P. J. Wagner, Warren, E. D. White, and L. Williams-22.

FOR W. C. DAWSON-Messrs. Alford, Bell, Crabb, and Dillett-4.

FOR L. LINCOLN-Messrs. Calhoun, Evans, Everett, and W. S. Hastings-4.

FOR F. W. PICHENS-Messrs. J. Campbell, Fisher, Holmes, Hunter, Lewis and J. Rogers-6. FOR F. GRANGER-Messrs. Chittenden and Marvin-2.

FOR G. W. HOPKINS-Mr. J. Garland-1.
FOR J. Q. ADAMS-Mr. S. M. Gates-1.
FOR GEORGE EVANS-Messrs. Osborn and Ran-
dall-2.

For J. C. CLARK-Mr. Palen-1.
FOR Z. CASEY-Mr. Stuart-1.

FOR T. CORWIN-Messrs. Triplett and C. H. Williams-2

SIXTH BALLOT.

FOR JOHN W. JONES.-Messrs. Banks, Blackwell, Casey, Coles, Connor, J. Davis, Dromgoole, Duncan, Fine, J. Hastings, Hawkins, Hillen, Holleman, T. B. Jackson, J. Johnson, Cave Johnson, N. Jones, Kemble, Leadbetter, Lowell, Lucas, McClellan, McKay, Medill, Miller, Parish, Prentiss, Proffit, Samuels, Starkweather, Steinrod, Swearingen, Sweeny, Taylor, F. Thomas, P. F.

Thomas, Turney, Watterson, and H. Williams

-39.

FOR D. H. LEWIS.--Messrs. J. Allen, H. J. Anderson, Atherton, Beatty, Beirne, Black, Bɔyd, Brewster, A. V. Brown, A. G. Brown, Burke, S. H. Butler, W. O. Butler, Bynum, J. Campbell, Carroll, Chapman, Clifford, Colquitt, M. A. Cooper, Craig, Crary, Cross, Dana, Davee, J. W. Davis, De la Montanya, Doan, Doig, Earl, Eastman, Elv, Floyd, Fornance, Galbraith, Gerry, Griffin, Hammond, Hand, Hook, Howard, Hubbard, Jameson, J. W. Jones, Ke m, King, Leonard, Leet, McCulloh, Mallory, Marchand, Montgomery, S. W. Morris, Newhard, Nisbet, Parmenter, Parris, Paynter, Ramsey, Rhett, Rives, Robinson, E. Rogers, J. Rogers, Shaw, Shepard, A. Smith, J. Smith, Thomas Smith, Strong, Sumter, J. Thompson, Vanderpoel, D. D. Wagener, Weller, Wick, J. W. Williams, Sherrod Williams, and Worthington-79.

FOR R. M. T. HUNTER.-Messrs. Adams, Alford, J. W. Allen, S. H. Anderson, Andrews, B.ddie, Bond, Botts, A. Brown, W. B. Campbell, Carter, Chinn, Clark, J. Cooper, Corwin, Cranston, Crockett, Curtis, Cushing, E. Davies, Deberry, Dennis, J. Edwards, R. Garland, Gentry, Giddings, Goggin, Goode, Graham, Graves, Habersham, Henry, Hill of Virginia, James, Jenifer, W. C. Johnson, Mason, Mercer, Mitchell, Monroe, Naylor, Ogle, Pope, Rariden, Rayner, Ridgway, Sergeant, Simonton, Truman Smith, Storrs, Taliaferro, Tillinghast, W. Thompson, Toland, Triplett, Trumbull, Underwood, Warren, E. D. White, J. White, T. W. Williams, J. L. Williams, and Wise-63.

FOR LEVI LINCOLN.-Messrs. Barnard, Evans, Everett, Gates, Granger, Hall, W. S. Hastings, Lawrence, Randall, Saltonstall, and Slade-11. FOR WILLIAM C. DAWSON.-Mr. Bell-1. FOR JOHN BELL.-Messrs. Briggs, Brockway, Calhoun, G. Davis, Dawson, Fillmore, Green, Grinnell, Hoffman, Hunt, Charles Johnston, Lincoln, Marvin, Morgan, Osborne, Palen, Peck, Russell, Stanly, P. J. Wagner, and L. Williams

21.

FOR ZADOK CASEY.-Messrs. Carr, Reynolds, and Stuart-3.

FOR FRANCIS GRANGER-Mr. Chittenden-1. FOR FRANCIS W. PICKENS.-Mes rs. Fisher, Hill of North Carolina, Holmes, and Lewis-4. FOR G. W. HOPKINS-Mr. James Garland-1. FOR LINN BANKS.-Mr. Hopkins-1. FOR THOMAS CORWIN.-Mr. C. Morris-1. FOR DAVID PETRIKIN.-Mr. C. H. Williams-1. FOR G. C. DROMGOOLE.-Mr. Petrikin-1. FOR R. B. RHETT.-Mr. Randolph-1. Mr. C. H. WILLIAMS moved that the House adjourn. Lost-yeas 87, nays 1!3.

Recapitulation of ballotings for Speaker of the House of Representatives of the Twenty-sixth Con

gress:

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8 6 4

Mr. CRITTENDEN,

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1st. 2d. 3d. 4th. 5th. 6th, JOHN W. JONES, 113 113 110 101 71 39 JOHN BELL, 102 99 1 2 22 21

WM. C. DAWSON, F. W. PICKENS, DIXON H. LEWIS, R. M. T. HUNTER, LEVI LINCOLN, Scattering,

Mr. LEWIS WILLIAMS moved that further balloting be postponed until Monday next, which was agred to-ayes 87, noes 85.

The House then adjourned at nine o'clock.

IN SENATE,
MONDAY, December 16, 1839.

A message was received from the President of the United States.

The CHAIR, in compliance with the duty devolved upon him by a resolution of the Senate on Saturday, announced the following sanding committees of the Senate:

FOREIGN RELATIONS. Mr. BUCHANAN, Chairman. Mr. CLAY of Ky. Mr. ROANE, BROWN, ALLEN,

Mr. ROANE,

BETTS.

ON THE DISTRICT OF COLUMBIA. Mr. MERRICK, Chairman.

Mr. SOUTHARD,

CLAYTON.

ON PATENTS AND THE PATENT OFFICE.

Mr. STRANGE, Chairman.

PPENTISS,

Mr. ROBINSON,

SPENCE.

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ment to the body. He was requested by his friend and colleague [Mr. JONES] to state to the House that he desired that his name might be withdrawn from the canvass.

The House then proceeded to vote for Speaker, and the results were as follows:

SEVENTH BALLOT.

FOR JOHN BELL-Messrs. Adams, S. H. Anderson, L. W. Andrews, Biddle, Bond, Botts, Briggs, Brockway, H. Brown, Calhoun, W. B. Campbell, Carter, China, Cranston, Crockett, E. Davies, G. Davis, Dawson, Deberry, Dennis, D.llet, Edwards, Evans, Gentry, Giddings, Goggin, Goode, Graham, Granger, Graves, Green, Grinnell, Hall, W. S. Hastings, Hill of Virginia, Hoffman, James, Chas. Johnston, Lincoln, Marvin, Mason, Mitchell, Monroe, C. Morris, Osborne, Palen, Randall, Randolph, Rariden, Ridgway, Saltonstall, Sergeant, Slade, Truman Smith, Storrs, Stuart, Tillinghast, Toland, Triplett, Trumbull, E. D. White, L. Williams, C. H. Williams, and s. Williams--64.

FR W. C. DAWSON.-Messrs. Alford, Bell, Crabb, Habersham, and Warren-5.

FR D. H. LEWIS.-Messrs. J. Allen, H. J. Anderson, Atherton, Banks, Beatty, Beirne, Black, Boyd, Brewster, A. V. Brown, A. G. Brown, Burke, S. H. Butler, W. O. Bu ler, Bynum, Carrll, Chapman, Clifford, Coles, Co quitt, M. A. Cooper, Craig, Crary, Cross, Dana, Davee, J. Davis, J. W. Davis, De la Montanya, Doan, Doig, Duncan, Earl, Eastman, Ely, Fine, Fisher, Fletcher, Floyd, Fornance, Galbraith, Gerry, Giffin, Hammond, Hand, J. Hastings, Hawkins, Hill of North Carolina, Hillen, Holleman, Holmes, Hook, Howard, Hubbard, Jackson, Jameson, J. Johnson, N. Jones, J. W. Jones, Keim, Kemble, King, Leadbetter, Leet, Leonard, Lowell, Lucis, McClellan, McCulloch, McKay, Mallory, Marchand, Medill, Miller, Montgomery, S. W. Morris, Newhard, Nisbet, Parish, Parmenter, Parris, Paynter, Petrikin, Prentiss, Ramsey, Rhett, SheRives, Robinson, E Rogers, Samuels, Shaw, pard, A. Smith, J. Smith, Thomas Smith, Starkweather, Steinrod, Strong, Sumter, Swearingen, Sweeney, Taylor, J. Thompson, Vanderpoel, D. D. Wagener, Watterson, Weler, Wick, J. W. Williams, and H. Williams-110.

FOR R. M. T. HUNTER.-Messrs. J. W. Allen, S. Cooper, Corwin, Curtis, Cushing, R. Garland, Henry, Hopkins, Naylor, Ogle, Rayner, Reed, Simonton, Stanly, Taliaferro, W. Thompson, Underwood, J. White, T. W. Williams, J. L. Williams, Wise, and Mercer-22.

FOR F. GRANGER.-Messrs. Barnard, Chittenden, Clark, Everett, Fillmore, Gates, Hunt, Lawrence, Morgan, Peck, Russell, and P. J. Wagner-12.

FOR J. W. JONES.-Messrs. Blackwell and Casey-2.

FOR F. THOMAS.-Messrs. Carr, Connor, Cave Johnson, and Turney-4.

FOR Z. CASEY.-Messrs. Dromgoole, Proffit, and Reynolds-3.

FOR G. W. HOPKINS.-Mr. J. Garland-1.
FOR JOHN SERGEANT.-Mr. Jenifer-1.
FOR G. EVANS.-Mr. W. C. Johnson-1.
FOR J. R. UNDERWOOD.-Mr. Pope-1.
FOR G. C. DROMGOOLE.-F. Thomas-1.
FOR CAVE JOHNSON.-P. F. Thomas-1.
FOR H. W. CONNOR.-Mr. Worthington-1.
EIGHTH BALLOT.

FOR JOHN BELL.-Messrs. Adams, J. W. Allen, S. H. Anderson, Andrews, Barnard, Biddle, Bond, Bolts, Briggs, Brockway, Anson Brown, Calhoun, W. B. Campbell, Carter, Chinn, Chittenden, Clarke, Corwin, Crabb, Cranston, Crockett, Curtis, Cashing, G. Davis, Dawson, Deberry, Dennis, Dillett, Everett, Fillmore, Gen ry, Goggin, Goode, Granger, Greene, Grinnell, Hall, W. S. Hastings, Henry, Hill of Virginia, Hoffman, Hunt, James, Jenifer, Ch. Johnston, W. C. Johnson, Lawrence, Lincoln, Marvin, Mason, Mercer, Mitchell, Monroe, Morgan, Cal. Morris, Osborne, Palen, Peck, Pope, Randall, Randolph, Reed, Russell, Saltonstall, Sergeant, Slade, Truman Smith, Storrs, Ti!linghast, Toland, Triplett, Trumbull, Underwood, P. J. Wagner, E. D. White, Jno. White, Tho. W. Williams, Lew, Williams, C. H. Williams, and Sher. Williams-80.

FOR D. H. LEWIS.-Messrs. Jud. Allen, H. J. Anderson, Atherton, Beatty, Beirne, Black, Boyd, B ewster, A. V. Brown, A. G. Brown, Burke, S. H. Butler, W. O Butler, Bynum, Carroll, Chapman, Clifford, Coles, Co'quitt, M. A. Cooper, Craig, Crary, Cross, Dana, Th. Davee, Jno. Davis, J. W. Davis, De la Montanya, Doan, Doig, Duncan, Earle, Eastman, Ely, Fine, Fisher, Fletcher, Floyd, Fornance, Galbraith, Gerry, Griffin, Hammond, Hand, Jno. Hastings, Hawkins, Hill of North Carolina, Hillen, Holleman, Holmes, Hook, Howard, Hubbard, Jackson, Jameson, Jos. Johnson, Nath. Jones, J. W. Jones, Keim, Kemble, King, Leadbetter, Leet, Leonard, Lowell, Lucas, McClelland, McCulloch, McKay, Mallory, Merchand, Medill, Miller, Montgomery, S. W. Morris, Newhard, Nisbet, Parish, Parmenter, Parris, Paynter, Petrikin, Pickens, Prentiss, Ramsey, Rhett, Rives, Robinson, E. Rogers, Samuels, Shaw, Shepard, Alb. Smith, Jno. Smith, Tho. Smith, Starkweather, Steinrod, Strong, Sumter, Swearingen, Sweeny, Taylor, Jac. Thompson, Vanderpoel, D. D. Wagner, Watterston, Weller, Wick, J. W. Williams, Hen. Williams, Worthington, Banks, and Jas. Rogers-113. FOR W. C. DAWSON.-Messrs. Alford, Bell, Evans, Habersham, and Warren—5.

FOR CAVE JOHRSON -Mr. Blackwell-1. FOR F. THOMAS.-Messrs. Carr, Casey, Connor, Cave Johnson, Reynolds, P. F. Thomas, and Turney-7.

FOR R. M T. HUNTER.-Messrs. Jas. Cooper, E. Davies, Edwards, Rice Garland, Graves, Naylor, Ogle, Rayner, Ridgway, Simonton, Stanly, Taliaferro, W. Thompson, Jos. L. Williams, Wise, and Giddings-16.

FOR ZADOK CASEY-Messrs. Dromgoole, Hopkins, Proffit, Rariden, and Stuart-5.

FOR G. W. HOPKINS.-Mr. Jas. Garland—1.
FOR J. Q. ADAMS-Mr. Gates-1.
FOR LEWIS WILLIAMS.-Mr. Graham-1.
FOR Mr. DROMGOOLE.-Mr. F. Thomas-1.
FOR FR. W. PICKENS.-Mr. Lewis-1.

NINTH BALLOT.

FOR R. M. T. HUNTER.-Messrs. Adams, J. W. Allen, S. H. Anderson, Biddle, Bond, Botts, Brockway, A. Brown, W. B. Campbell, Carter, Clarke, J. Cooper, Corwin, Cranston, Curtis, E. Davies, G. Davis, Dennis, Edwards, R. Garland, Gentry, Giddings, G ggin, Goode, Graham, Graves, Green, Henry, Hill of Virginia, Hopkins, Jenifer, Mason, Me cer, Mitchell, Monroe, C. Morris, Naylor, Ogle, Pope, Randolph, Rayner, Reed, Ridgway, Saltonstall, Sergeant, Simonton, Truman Smith, Stanly, Stores, Taliaferro, Waddy Thompson, Trumbull, E. D. White, J. White, T. W. Williams, L. Wil iams, J. L. Wiliams, Wise, and Cushing-59.

FOR WM. C. DAWSON.-Messrs. Alford, Bell, Evans, Habersham, Warren, and Crabb-6.

FOR DIXON H. LEWIS.-Messrs. J. Allen, H. J. Anderson, Atherton, Beatty, Beirne, Black, Boyd, Brewster, A. V. Brown, A. G. Brown, Burke, S. H. But'er, W. Butler, Bynum, Carroll, Chapman, Clifford, Coles, Colquitt, M. A. Cooper, Craig, Crary, Cro-s, Dana, Davee, J. Davis, J. W. Davis, De la Montanya, Doan, Doig, Duncan, Earl, Eastman, Ely, Fine, Fisher, Fletcher, Floyd, Fo nance, Galb aith, Gerry, Griffin, Hand, J. Hastings, Hawkins, Hill of North Carolina, Hil'en, Holleman, Ho'mes, Hook, Howard, Hubbard, Jackson; Jameson, J. Johnson, N. Jones, J. W. Jones, Keim, Kemble, King, Leadbetter, Leet, Leonard, Lowell, Lucas, McClellan, McCulloch, McKay, Mallory, Marchand, Medill, Miller, Montgomery, S. W. Morris, Newhard, Nisbet, Parish, Parmenter, Parris, Paynter, Petrikin, Pickens, Prenti-s, Ramsey, Rhe t, E. Rogers, J. Rogers, Samuels, Shaw, Shepard, A. Sm th, J. Smith, Thos. Smi h, Starkweather, Strong, Sumter, Swearingen, Sweeney, Taylor, J. Thompson, Vanderpeel, D. D. Wagener, Watterson, Weller, Wick, J. W. Williams, H. Wi liams, S. Wiliams, Worthington, and Hamm nd-110.

FOR JOHN CAMPBELL.-Messrs. And.ews and Underwood-2.

FOR FRANCIS THOMAS -Messrs. Banks, Blackwell, Casey, Chian, Connor, Dromgoole, Cave

Johnson, Robinson, Steinrod, Philip F. Thomas, and Turney-11.

FOR JOHN BELL-Messrs. Barnard, Briggs, Calhoun, Chittenden, Dawson, Deberry, Dillet, Everett, Fillmore, Granger, Gr nnell, Hall, Wm. Hastings, Hoffman, Hunt, James, Chas. Johnston, Lawrence, Lincoln, Marvin, Mo gan, Osborne, Ralen, Peck, Randall, Russell, Šlade, Stuart, Tiling has, Toland, Trip'ett, P. J. Wagner, and C. H. Williams-33.

FOR Z. CASEY.-Messrs. Carr, Crockett, Proffit, Rariden, and Reynolds-5.

FOR GEORGE W. HOPKINS.-Mr. J. Garland-1.
FOR JOHN QUINCY ADAMS.-Mr. Gates-1.
FOR FRANCIS W. PICKENS-Mr. Hunter-1.
FOR EDWARD CURTIS.-Mr. W. C. Johnson-1.
FOR G. C. DROMGOOLE.-Mr. F. Thomas-1.

TENTH BALLOT.

F.R R. M. T.HUNTER.-Messrs. Adams, Alford, J. W. A len, S. W. Anderson, Andrews, Bell, Biddle, Bond, Botts, Brockway, Anson Brown, W. B. Campbell, Carter, Chinn, Clark, Colquett, James Cooper, Corwin, Cranston, Crockett, Curtis, Cushing, E. Davies, G Davis, Dawson, Deberry, Denuis, Dillet, Edwards, Rice Garland, Gentry, Giddings, Goggin, Good, Graham, Graves, Greene, Grinnell, Habersham, Henry, Hill of Va. Hopkins, James, Jenifer, W. C. Johnson, Mason, Mercer, Mitchell, Monroe, Morgan, Cal. Morris, Naylor, Ogle, Osborne, Pickens, Pope, Randal', Randolph, Rayner, Reed, Ridgway, Saltonstall, Sergean', Simonton, Slade, Truman Smith, Stanly, Stuart, Taliaferro, W. Thompson, Tillinghast, To and, Triplett, Trumbull, Underwood, P. J. Wagner, Warren, E. D. White, John White, Thomas W. Williams, Lewis Williams, J. L. Williams, C. H. Williams, Sherrod Willams, and Wise-85.

FRJ. W. JONES.-Messrs.J. Allen, Beirne, Craig, Cross, De la Montanya, Holleman, Kemble, McClellan, Miller, Prentiss, Swearingen, P. F. Thomas, Vanderpoel, and Worthington-14.

FOR D. H. LEWIS.-Messrs. H. J. Anderson, Atherton, Black, Boyd, Brewster, A. V. Brown, A. G. Brown, Burke, S. H. Butler, W. O. Butler, Bynum, Carroll, Chapman, Clifford, Coles, M. A. Cooper, Crary, Dana, T. Davee, John Davis, Doan, Doig, Duncan, Earle, Eastman, Ely, Fine, Fisher, Fletcher, Floyd, Galbraith, Griffin, Hand, J. Hastings, Hawkins, Hill of North Carolina, Hillen, Holmes, Hook, Jackson, Jamesou, N. Jones, J. W. Jones, Keim, King, Leadbetter, Lowell, Lucas, McKay, Mallory, Marchand, Medill, S. W. Morris, Newhard, Nisbet, Parmenter, Parris, Paynter, Petrikin, Rhett, E. Rogers, James Rogers, Samuels, Shaw, Shepard, A. Smith, John Smith, Strong, Sumpter, Taylor, J. Thomson, J. W. Williams, and H. Williams-73.

FOR F. THOMAS -Messrs. Banks, Blackwell, Casey, Connor, Dromgoole, J. Johnson, Cave Johnson, Rives, Steinrod, and Turney-10.

FOR JOHN BELL-Messrs. Barnard, Briggs, Hall, W. S. Hastings, Hoffman, Hunt, Ch. Johnston, Marvin, Peck, Russell, Fillmore, and Cal houn -12.

FOR G. M. KEIM.-Messrs. Beatty, Fornance, Gerry, Hammond, Hubbard, Leet, Lewis, McCalloch, Montgomery, Ramsey, Robinson, and D. D. Wagener-12.

FUR Z. CASEY.-Messrs. Carr, J. W. Davis, Howard, Proffit, Rariden, T. Smith, Wick and Reynolds-8.

FOR F. GRANGER.-Messrs. Chittenden and Lincoln-2.

FOR W. C. DAWSON.-Messrs. Crabb, Everett, and Storrs--3.

For LEVI LINCOLN.-Messrs. Evans, and Grarger-2.

FOR G. W. HOPKINS.-Mr. James Garland-1.
For J. Q. ADAMS.-Mr. Gates-].

FOR F. W. PICKENS.-Messrs. Hunter, Leonard, Parish, Starkweather, and Watterston-5. FOR THOMAS CORWIN.-Mr. Lawrence-1. FOR WM. MEDILL.-Messrs. Geo. Swceny, and Weller-2.

For G. C. DROMGOOLE.-Mr. F. Thomas-1. Mr. HUBBARD, after the announcement of the tenth vote for Speaker, stated that Mr. Lewis desired that his name should be withdrawn,

ELEVENTH BALLOT,

FOR R. M. T. HUNTER-Messrs. Adams, Alford, J. W. Allen, L. W. Andrews, Bell, Biddle, Black, Bond, Botts, Brockway, A.Brown, S.H. Butler, Calhoun, J. Campbell, W.D. Campbell, Carter, Chinn, Clara, Colquitt, J. Cooper, M. A. Co per, Corwin, Cranston, Crockett, Curtis, Cushing, E. Davies, G. Davis, Dawson, Deberry, Dennis, Di let, Ewards, Fillmore, Fisher, R. Garland, Gentry, Giddings, boggin, Goode, Graham, Granger, Graves, Green, Griffin, Grinnell, Habersham, Hall, W. S. Hast ings, Henry, Hill of Va. Hoffman, Holmes, Hopkins, Hunt, James, Chas. Johnston, W. C. Johnson, King, Lawrence, Lincoln, Marvin, Mason, Mercer, Mitchell, Monroe, Morgan, C. Morris, Naylor, Nisbet, Ogle, Osborne, Peck, Pickens, Pope, Froffit, Randall, Randolph, Rariden, Rayner, Reed, Ridgway, Russell, Saltonstall, Sergeant, Simonton, Slade, Tr. Smith, Stan'y, Storrs, Sumpter, Stuart, Ta iaferro, W. Thomps n, Tillinghast, To and, Triplett, Trumbull, Underwood, P. J. Wagner, Warren, E. D. White, J. White, T. W. Williams, 1. Wiliams, J. L. Williams, C. H. Williams, S. Williams, Wise, Jenifer, Everett, Chittenden, Evans, Gates, Barnard, Briggs, Palen, Crabb, and S. H. Anderson-119.

FOR J. W. JONES-Messrs. J. Al'en, Atherton, Beirne, Blackwell, A. V. Brown, W. O. Butler, Ca roil. Clifford, Connor, Doan, D.omgoole, Earl, Ely, Fine, Hand, J. Hastings, Hawkins, Hill of N. C. Bi len, Holleman, Howard, J. Johnson, N. Jones, Kem, Kembal', Leonard, Lowe !, Lucas, McClellan, McKay, Miller, Parish, Parmenter, Petrikin, Prentiss, Rives, J. Rogers, Shaw, Shepard, J. Smith, Thos. Smith, Steinrod, Strong, Swearingen, Sweeny, Taylor, F. Thomas, P. F. Thomas, Turney, Vanderpoe', Weller, J. W. Williams, H. Williams, Worthington, and Banks -55.

FOR MR. DAVEE-Messrs. H. J. Anderson, Fletcher, and Parris-3.

FOR F. THOMAS-Messrs. Casey, J. W. Jones, and Mallory-3.

FOR MR. KEIM-Messrs. Eeatty, Bynum, J. Davis, Duncan, Fornance, Galbraith, Gerry, Hammond, Hook, Hubbard, Leadbetter, Leet, Lewis, McCulloch, Marchand, Montgomery, S. W. Morris, Newhadr, Paynter, Ramsey, Robinson, E. Rogers, Samuels, and D. D. Wagener--24.

FOR MR. CASEY-Messrs. Loyd, Brewster, Carr, Craig, Dana, De la Montanya, Doig, Cave Johnson, Reynolds, and Wick-10.

FOR Mr. PICKENS-A. G. Brown, Chapman, Coles, Cross, Medill, Rhett, Starkweather, J. Thompson, and Watterson-9.

FOR MR. ATHERTON-Messrs. Burke, Eastman, Floyd, and Jackson--4.

FOR MR. STARKWEATHER-Mr. Crary-1.
FOR MR. CLIFFORD-Mr Davee-1.

FOR MR. HOWARD-J. W. Davis-1.

FOR MR LEWIS-A. Smith--1.

FOR Mr. POYD-Mr. Jameson-1. Recapitulation of votes given for Speaker of the House of Representatives, 26th Congress, first session. 7th. 8th. 9th. 10th. 11th. Whole number 229 232 231 232 232 Necessary to a choice 115 117 116 117 117 DIXON H. LEWIS 110 113 110 73 1 22 16 59 85 119 12

R. M. T. HUNTER

JOHN BELL

64 80 33

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Public Buildings, which he had omitted yesterday, should be placed on the journal, to consist of Mr. FULTON, Chairman, Mr. MERRICK, and Mr. SMITH of Connecticut.

Mr. WRIGHT gave notice that as soon as the Senate was ready to proceed to legislative business, he would ask leave to introduce the following bill-:

A bill more effectually to secure the public money in the bands of officers and agents of the Government, and to punish public defaulters.

A bill for the relief of W. N. Robertson. A bill for the relief of Samuel H. Garrow and S. W. Simonton.

A bill for the relief of W. A. Whitehead, late collector of the port of Key West, in Florida.

Mr. LINN gave notice that he would, on the earliest opportunity, ask leave to introduce the following bills:

A bill authorizing a patent to be issued to Joseph Campan, for a certain tract of land in the State of Michigan.

A bill for the relief of the heirs of Madam de Lusser.

A bill for the relief of Pierce Balin.

A bill for the relief of the heirs and legal representatives of William Conway.

A bill for the relief of Daniel Marsaque. A bill for the relief of the legal representatives of Elihu H. Bay.

A bill for the relief of Juan Belgar.

A bill for the re ief of Francis Laventure, Ebenezer Childs, and Linas Thompson. A bill for the relief of Joseph Bogy. A bill for the relief of Joseph Cochran. A bill for the relief of the legal representatives of Phil. Farbour, deceased.

A bill for the relief of Charles Morgan of Louisiana.

A bill for the relief of Charles Morgan.

A bill for the relief of Jean Baptiste Grainger. A bill for the relief of Sebastian Butcher and heirs and legal representatives of Bartholomew Butcher, Michael Butcher, and Peter Bloom.

A bill for the relief of Obed P. Lacey.

A bill to continue in force the act for the final adjustment of private land claims in Missouri.

A bill to transfer to the citizens of the parish of Concordia, in the State of Louisiana, the interest of the United Siates to a certain tract of land.

A bill to authorize the issuing of a patent to the heirs or legal representatives of Francis Ricard, deceased.

A bill confirming certain land claims in Mis

souri.

A bill to confirm certain land claims in the Ouachita land district in the State of Louisiana.

A bill to confirm land claims in the district between the Rio Hondo and Saline rivers.

A bill to settle the title to certain tracts of land in the State of Arkansas.

A bill to amend an act confirming certain land claims in the State of Michigan.

A bill supplementary to an act entitled "An act to amend an act for the appointment of commissioners to adjust the claims to reservations of land under the 14h article of the treaty of 1830, with the Choctaw Indians."

A bill for creating a new land district in the State of Missouri, and for changing the boundaries of the southwestern and western land district in said State.

A bill to confirm the title to a certain tract of land in the county of Mobile.

A bill to confirm certain land claims in the Greensburg and district, State of Louisiana.

Mr. WALKER gave notice that he would ask leave to introduce a bill for the relief of Alvarez Fisk and the legal representatives of Thomas P. Eskridge.

Mr. PRENTISS gave notice that he would ask leave to introduce the following bills:

A bill for the relief of Lemuel White. A bill for the relief of Daniel Wallas. A bill for the relief of Margaret Barnes. A bill to authorize the payment of invalid pensions in certain cases.

Mr. NORVELL gave notice that he would ask leave to introduce the following bills:

A bill granting to the county of Kalamazoo, in

the State of Michigan, the right of pre-emption to a quarter section of land, and for other purposes. A bill to amend an act confi ming certain land claims in the State of Michigan.

A bill granting to cerain persons therein named the right of pre-emption to a fraction of a section of land in Ditoway, in the State of Michigan.

Mr. SEVIER gave notice that he wou'd ask leave to introduce a bill for the relief of Wiliam Murphy.

Mr. CLAY of Alabama gave notice that he would ask leave to introduce a bill for the relief of William Jones.

On motion of Mr. BENTON,

The Senate proceeded to the consideration of Executive business, and, soon after, Adjourned.

HOUSE OF REPRESENTATIVES,

TC SDAY, December 17, 1839.

At 12 o'cl ck, Mr. R. M. T. HUNTER, Speaker of the House, called the House to order, and addressed them as follows:

GENTLEMEN OF THE HOUSE OF REFRESENTATIVES:

The high and undeserved honor which you have conferred upon me, has been.o unexpected, that even now I can s arely find terms in which to expre-s my gra eul sense of you kinda ss. I trust, however, to be able to offer a bitter evidence of that sen iment in the earnest efforts which I shall make to discharge my duties jusly and impartial y. Called as I have been to this high station, not s much from any mer is of my own as from the independence of m/ position, I shall feel it as especially due from me to you to preside as the Speaker, not of a party, but of the House. Whilst I shall deen it my duty, up n all proper occasions, to sustain the principles upon which I stand p edged before the country, I sail hold mys If bound, at the same time, to aford every facility within my power to the fud and fir expression of the wishes and seatiments of every section of this great Con ederacy. You will doubtless deem it your duty, gentlemen, as the grand inquest of the nation, to investigate all matters of which the people ought to be inforaed; to retrench expenditures which are unnecessary or unconstituti nal; to maintain the just relations between all of the great interests of the country, and to preserve inviolate the Constitution, which you will be sworn to support, whilst it will be mine to aid you in such labors with all of the means within my power. And al hough deeply impressed with a painful sen e of my inexperience, and of the difficulties of a new and untried station, I am yet cheered by the hope that you will sustain me in my ei its to preserve the order of business and the decorum of debate. I am aware that party fervor is occasionally impatient of the restraint which it is the duty of the Chair to impose upon the asperities of debate, but at the same time I know that the just of all partics will sustain a Speaker who is honestly endeavoring to preserve the dignity of the House, and the harmony of its members.

Fermit me, in conclusion, gentlemen, to tender you the homage of my heartlet thanks for the honor which you have conferred upon me, and to ex• pre-s the hope that your counsels may be so guidel by wisdom as to redound to your own reputation, and the welfare of our common country.

The journal of yesterday was then read, when Mr. DROMGOOLE submitted the following resolution:

Resolved; That the standing rules and orders of the last House of Representatives be adopted as the rules and order of proceedings of this House.

Mr. WILLIAMS of Nor h Carolina moved to lay this resolution on the table until the members were first sworn.

Mr. W. COST JOHNSON referred to the law of 1789, to show that this resolution was inadmissible at the present time, that law declaring that the members shall take the oath of office before they proceed to business. He therefore made a point of order, as to whether this resolution could be entertained at the present time.

Mr. DROMGOOLE stated that he had moved this resolution with a view of avoiding all difficulty in case any question should arise in the course of

administering the oath to the members. With rcgard to the law of 1789, he would ask where was its obligation when we were two weeks acting as members of the House of Representatives, and adopting rules for our government without having the oath first administerea? He thought it was due to the House, and due to the Speaker, that rules of order should be adopted at the earliest possible period, in order that the business of the House might be conducted according to rules of order, usual in all deliberative bodies.

Mr. W. C. JOHNSON would yield to the request of the gentleman from Virginia, if he could conscientiously; but he held that the law in this case was imperative.

The SPEAKER suggested that the better way of dec ding upon this question would be on the motion to lay on the table.

Mr. W.C. JOHNSON then withdrew his question of order.

Mr. VANDERPOEL moved a call of the House. Lost.

Mr. GRAVES then called for the yeas and nays on the motion to lay on the table, which were ordered, and were-yeas 116, nays 116, as follows:

YEAS-Messrs. Adams, Alford, John W. Allen, Simeon H. Anderson, Andrews, Ba nard, Bell, Biddle, Black, Bond, Botts, Briggs, Brockway, Anson Brown, Calhoun, John Campbell, William B. Campbell, Carter, Chapman, Chinn, Chittenden, Clark, Colquitt, James Cooper, Mark A. Cooper, Corwin, Crabb, Cranston, Crockett, Curtis, Cushing, Edward Davies, Girret Davis, Dawson, Deberry, Dennis, Dillett, Edwards, Evans, Everett, Fillmore, James Garland, Rice Garland, Gates, Gentry, Giddings, Goggin, Goode, Graham, Granger, Graves, Green, Grinnell, Habersham, Hall, William S. Hast ings, Hawes, Henry, Hill of Virginia, Hoffman, Hopkins, Hunt, James, Jenifer, Charles Johnston, William Cost Johnson. King, Lawrence, Lincoln, Marvin, Mason, Mercer, Mitchel, Monroe, Morgan, Calvary Morris, Naylor, Nishet, Ogle, Osborne, Palen. Peck, Pope, Proffit, Randall, Randolph, Rariden, Rayner, Reed, Ridgway, Russell, Saltonstall, Sergeant, Simonton. Slade, Truman Smith, Stanly, Storrs, Stuart, Taliaferro, Waddy Thompson, Tillinghast, Toland, Triplett, Trum bull, Underwood, Peter J. Wagner, Wairen, Edward D. White, John White, Thomas W. Williams, Lewis Williams, Joseph L. Williams, Christopher II. Williams, Sherrod Wil liams, and Wise-116.

NAYS-Messrs. Judson Allen, Hugh J. Anderson, Atherton, Banks, Beatty, Beirne, Blackwell, Boyd, Brewster, Aaron V. Brown, Albert G. Brown, Burke, Sampson H. Butler, William O. Butler, Bynum, Carr, Carroll, Casey, Clifford, Coles, ConTer, Craig, Crary, Cross, Dana, Davee, John Davis, John W. Davis, De la Montanya, Doan, Doig, Dromgoole, Duncan, Earl, Eastman, Ely, Fine, Fisher, Fletcher, Floyd, Fornance, Galbraith, Gerry, Griffin, Hammond, Hand, John Hastings, Hawkins, Hill of North Carolina, Hilien, Holleman, Holmes, Hook, Howard, Hubbard, Jackson, Jameson, Joseph Johnson, Cave Johnson, Nathaniel Jones, John W. Jones, Keim, Kemble, Leadbetter, Leet, Leonard, Lewis, Lowell, Lucas, McClellan, McCulloh, McKay, Mallory, Marchand, Medill, Miller, Mont gomery, Samuel W. Morris, Newhard, Parish, Parmenter, Parris, Paynter, Petrikin, Pickens, Prentiss, Ramsay, Reynolds, Rhett, Rives. Robinson, Rogers, Samuels, Shaw, Shepard, Albert Smith, John Smith, Thomas Smith, Starkweather, Stemrod, Strong, Sumter, Sweeny, Taylor, Francis Thomas, Philip F. Thomas, Jacob Thompson, Turney, Vanderpoel, David D. Wagener, Watterston, Weller, Wick, Jared W. Williams, Henry Williams, and Worthington-116.

The SPEAKER voting in the affirmative, the resolution was laid on the table.

Mr. CRAIG then submitted the following resoJution:

Resolved, That every member of the House of Representatives of the United States ought, upon taking his seat therein, to produce at the CLERK'S table, or to deposite in the CLERK's office, the credentials by virtue of which he claims his seat; and in all cases of contested elections, no member ought to be permitted to vote until the House, upon a report from the standing Committee of Elections, or by a vote of the majority of the members present, having a quorum of the House, shall have decided which of the claimants is entitled to the contested seat.

Mr. WISE said that there was the same objection to this resolution as to the other, and moved that it be laid on the table; which motion was agreed to.

The oath was then administered to the members from the several States, except New Jersey, Mr. RANDOLPH not presenting himself when New Jer

sey was called.

After the members from all the States except New Jersey were sworn,

Mr. RANPOLPH, together with the five members claiming seats under the Governor's certificate, presented themselves at the C'erk's table, and demanded to be sworn, but the SPEAKER refused to swear any of them except Mr. RANDOLPH.

The SPEAKER then stated that J. B. AYCRIGG, C. C. STRATTON, J. P. B. MAXWELL, W. HALSTED, and T. J. YORKE, had appeared while he was administering the oath of office to the members, and demanded to be sworn. Had this question oc curred this morning de novo, and no proceeding of the House having been had upon it, he should not have hesitated in administering the oath to these gentlemen; but inasmuch as proceedings had teen had heretofore in the House, and a decision made, or rather a negative proposition adopted, he felt it to be his duty to refuse to administer the oath to them, and to refer the matter to the House, to say whether they should be sworn.

Mr. WISE would inquire whether any member had objected to the swearing of these gentlemen.

Mr. DROMGOOLE said he understood the CHAIR to state the difficulty, and then submit the metter to the House to decide whether the oath should be administered to these gentlemen.

Mr. WISE again asked whether any member objected to the swearing of these gentlemen, and if no objection was made, he presumed there would be no question but for the SPEAKER to swear them

at once.

The SPEAKER then stated to the gentleman from Virginia [Mr. WISE] that he did not feel himself authorized to do this, from the fact that a resolution submitted by the gentleman himself had been negatived, and the vote upon it stood recorded on the journals of the House. By that resolution the House decided that these gentlemen were not entitled to take seats, and in consequence of that resolution, he thought it became him to submit this grave question to the decision of the House.

Mr. WISE expressed his approbation of the course of the CHAIR; but he submitted whether a resolution adopted by the Representatives of the people, or a part of them, while in an unorganized state, cou'd have any binding effect upon this body at the presen' ime. He therefore would move, in order to test h's question, that these gentlemen be not sworn, if it was in order to make that motion. A sovereign State had been deprived of its representation simply by the form of puting the question, and he made the motion in this form in order that gentlemen m ght not deprive a State of her rights by the tickery of forms.

The SPEAKER requested that the gentleman should submit his proposition in writing.

Mr. DROMGOOLE said if he understood the ques ion, the SPEAKER had submitted a question to the House for its decision, to wit: "Shall these five gentlemen be permitted to qualify?" This was an affirmative proposition, and must come up in that form, whatever effort his colleague might make to the contrary. The course taken by the CHAIR was not without precedent. Cases had occurred in the Senate of the United States, as well as in this House, where the presiding officer had refer ed matters to the House. In the present case, the SPEAKER had referred the matter to the House, and the House was in possession of the motion; and he demande la decision upon that preposition.

Mr. MERCER contended that the present was a proper time to decide this question, and hoped the gentleman from Virginia would submit his proposition to the House.

Mr. WISE then submitted his resolution in writing, in substance as before stated. Mr. W. said his colleague would not forget, so soon after we had escaped from cur chrysalis state and put on our wings, the charges of usurpat on which had been made against the gentleman who occupied the Chair for temporary organization, because he presumed to put propositions to the House in his own form. The CHAIR, as he had understood him, had not put the question directly to the House, but had suggested that it would be a question for the decision of the House.

The CHAIR observed that he had, in the first instance, stated that the question, Shall the gentlemen from New Jersey be sworn, was a proper question for the House to decide upon; but gentlemen must not understand him as submitting that question to the House, but merely indicating the course which the House must pursue, unless some member submitted a proposition; and as the gen

tleman from Virginia had submitted such a proposition, the CHAIR would entertain the motion.

Mr. WISE said he had, then, not misunderstood the CHAIR, and in order to relieve the CHAIR from submitting this question to the House, he had submitted his resolution; and unless gentlemen desired to speak on the subject, he would move the previous question. He, however, withdrew it at the request of some gentlemen around him.

Mr FRANCIS THOMAS suggested the propriety of postponing the further consideration of this question, until the House should adopt rules of order. A resolution to adopt the rules of the last House for the government of this body, had been laid on the table by the casting vote of the SPEAKER; but the House was not then full, and it seemed to him, that as this question had been brought up, the House ought to have some rules for its guidance. He would put it to gentlemen to say, whether this question should not be postponed until rules were adopted for the government of the body.

Mr. WISE would have no objection to pursue the course indicated by the gentleman from Maryland, if it was not that difficulties might arise by the adoption of those rules before the members of the House were all sworn. The question may arise as to whether we shall vole vira voce or by ballot, or other questions might arise, all of which should be left untouched until all the members of the House were sworn. And with regard to rules for our government, he submitted whether the rules of common sense were not all sufficient, until the question with regard to the New Jersey members was decided.

Mr. TILLINGHAST contended that there were natural rules of order and natural precedents which it was impossible for the House to overlcok; and these natural rules of order, he maintained, were all sufficient for the government of the body until this question was decided. He also referred to the case of Claiborne and Gholson at the extra session of 1837, to exhibit a precedent in that case appli cable to the present case. Mr. T. then gave way to

Mr. WISE, who asked that the credentials presented by Messrs. AYCRIGG, MAXWELL, &c. be read; and the CLERK read them to the House.

Mr. TURNEY called for the reading of the credentials on the other side.

The SPEAKER said that the gentleman had only called for the reading of the documents on one side.

Mr. TILLINGHAST continued his remarks, and contended that the resolution of Mr. W:SE should be the first thing acted on.

Mr. SERGEANT heartily approved of the course adopted by the CHAIR, in referring the subject to the House for its consideration; but as to the mode in which it is to be presented, he did not understand the CHAIR to decide, but that he left it entirely to the House. The gen leman from Virginia [Mr. WISE] was right, under these circumstances, in offering a resolution which he considered to be in strict conformity to the spirit and provisions of the Constitution of the United States. The very first question which presents itself here is no less than this: If gentlemen present themselves here with regular credentials, offering to be sworn, are they to be excluded by less than a majority of the House? Did it not, in other words, require a majority to bring them in, or did it not require a majority to exclude them? Those who maintain that it requires a majority to bring them in, maintain what appeared to him to be unconstitutional doctrine, because it seemed that, to entitle a gentleman to be sworn, he must have something more than regular credentials of his State; that is, he must have the aid of a majority of this House. He considered the decision that was made by this House some days ago, to be of a very doubtful character, to say the least of it; nay, he could not say that decision was conformable to the Constitution, either in its terms or its spirit. Now, sir, (said Mr. S) is this the law of the land? If there be a choice in the two modes of putting the question, is it not plainly within the spirit of the Constitution to give it that form and that direction which shall give the voice of a sovereign State the greatest Or shall power?

to

we

(said he) regard that voice as nothing, and insist upon it that those gentlemen cannot be introduced unless a majority of this House declared them entitled to come in. Let us see, said Mr. S. what we are called upon to decide, and what we are to decide. This was not yet a House of Representatives of the United States, he meant in its perfect and organized form; and for that reason he held the House of Representatives, in all its stages of existence, to mean a representation from all the States of the Union, in proportion to that allowed by the laws. The first provision of the Constitution relating to this subject is, that in every stage of the existence of the House, every State shall be represented that no State shall stand unrepresented. If a State has not a sufficient population to entitle her to one Representative, according to the apportionment laws, yet she must, according to the Constitution, have one.

Mr. S. here referred to the third clause of the second section of the first article of the Constitution in support of his argument, as follows: "The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumera. tion shall be made, the State of New Hamsphire shall be entitled to choose three; Massachusetts, eight; Rhode Island and Providence Plantatious, one; Connecticut, five; New York, six; New Jer sey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five; and Georgia, three."

Now, (said Mr. S.) what do you purpose to do? Why, to constitute a Congress without a representation from the State of New Jersey, by members from the other States of this Union voting against them. The Constitution says that every State shall have a Representative here, and yet you have deprived a sovereign State of five-sixths of her representation. Under the Constitution and laws, as they now are, the State is not otherwise known than as an organic body, and we have no right, in the present stage of our proceedings, to look at the State of New Jersey but as an organic body-as an independent power coming here, demanding to take her share in the legislation of Congress. Has New Jersey failed to do her duty under the Constitution? It is admitted that she has done it; that she is here by her Representatives, who have been here from the beginning, claiming to be admitted. She has five-sixths of her Representatives here, who have been excluded. Can you constitute a Congress without them? The State having elected her Representatives, when they have been sent here, and offered to participate in the business of the nation, your excluding them affects all the States of the Union, New Jersey as well as the rest. Where is your authority for this? Mr. S. here went on to comment on the commissions presented by the five New Jersey claimants, and contended that they were regular, and such as bore on their face nothing to raise a doubt. No such question, he said, was ever raised in regard to Mr. Moore's credentials, and the Mississippi members. From the commissions themselves, no gentleman could find in them a single particular in which they were not in precise conformity with the laws of New Jersey. You could not have more conclusive evidence presented from New Jersey, or from any State, to show that these gentlemen were

elected.

Mr. S. here went into a long argument of the constitutional question involved, and in answer to the doctrine of Mr. PICKENS, urging in contradiction to him, that the House of Representatives known to the Constitution, was a House in which all the States were fully represented; and conten ded

that

a representative holding the certificate was a member of Congress before he arrived here, and before he was qualified, as well as after he was qualified. Mr. S. continued his argument at great length in support of the gentlemen holding the certificates to take their seats, without examining the testimony or going to any extent behind the certificates.

Mr. DROMGOOLE replied at length to the argument of Mr. SERGEANT, presenting, in forcible and eloquent language, a conclusive and able refutation of the positions presented by that gentleman,

a brief outline of which our limits will only permit us now to give. He had never, at any preliminary stage of the proceedings, he said, gone into the merits of this controversy, because he believed the discussion would be premature, and would have no other effect than to prejudge and forestall the opinions of the House and of the public, before the evidence was before them. His opinion had been, from the first, that they ought to go into an examination of this question by a committee, who should report the facts and evidence to the House, and that then both parties should be permitted to come in, and present their own case, "ore tenus," at the bar. But gentlemen on the other side wanted to jump over all inquiry, reject all evidence, and, restricting themselves to the commissions of the Governor of New Jersey, decide that those who held them should take their seats. They were called upon to decide that these commissions were conclusive as to the right of the gentlemen to take their seats, and could not by any evi dence be controverted. Gentlemen had also urged the imperfect state of the organization of the House, as a reason why it could not go into an examination of all the evidence bearing on the case but gentlemen could not now avail themselves of that difficulty. We are, said Mr. D. organized; we have a Speaker, we have taken the oath of office, and there is nothing to prevent us from entering into an examination of all the evidence, and of deciding it upon its merits. Though fully convinced that this power existed, yet he believed that it would be premature to exercise it until after a full examination into all the facts and evidence by a committee and a report upon it. Some of the propositions of the gentleman from Pennsylvania [Mr. SERGEANT] were so abhorrent to the principles of the Constitution, that he felt constrained to meet them at the threshold, though he would not now go into an examination of the merits of the main question. He understood the gentleman to say that he could only look at the State of New Jersey acting in its corporate, or or ganic capacity. Now he utterly denied that in this instance the doctrines of the gentleman were in accordance with the Constitution; and he would call upon him to look at that instrument itself, and see what authority it gave him for his assumptions. Before going into an examination of this part of the gentleman's argument, he would premise a few remarks, in order that they might arrive at a better understanding of the subject. It was known to the Speaker, who, from his infancy, had been taught in the political school of the State Rights party, that the term "State" is used in three different senses; and he would refer gentlemen to Mr. Madison's celebrated report on the resolutions of John Taylor of Caroline in the Virginia Leg s'ature, as authority for this understanding of the term. The term "tate" sometimes meant the territory comprehended within its limi's-as, said Mr. D. we may speak of going into Maryland or into Virginia. It sometimes meant the machinery by which the State Government was carried on; and again, it sometimes meant the whole people of the State, and then the term State was applied to it as a sovereign State alone. The term State, therefore, was sometimes applied to the ter i ory; sometimes to the Government, and sometimes to the people, in their highest attribute of sovereignty. The Sta e Governments, as such, Mr. D. sa d, are not parties to the Federal compact. The States of New Jersey, Virginia, and the rest, in their highest sovereign capacity, that is, the people of these States alone, are he parties. Do not tell me, then, said Mr. D. that we are opposed to State righ's, when we contead that the machinery of a State shall not misrepresent the will of the sovereign people of the State. With this d stine ion, he wou'd call the at ention of the gent'em on from Pennsylvania to the language of the Constitution on this subject, "The House of Representatives shall be composed of members chosen every sec nd year"-By whom, sir? By the States? No, sir: but "by the people of the several States." Then as to the Senate. The Constitution says that "the Senate of the United States shall be composed of two Senators from each State, chosen by the Legislatures thereof," &c. And here, said Mr. D. is the distinction

shown between the two bodies, and this is, what I have always con'ended it is, the popular body this is the part of the Federal Governinent which obtains a popular feature. He saw his venerable colleague falluding to Mr. MERCER] Smile, for he fully concurred in these great doctrines of the State Rights party.

In looking at the returns of the New Jersey elections, even if we should go behind the great seal, we shall be guilty neither of a violation of the Constitution, nor of the rights of the State of New Jersey; but, on the contrary, in contending for the rights of the people to elect their Representatives, we are carrying out the Federal compact in the fullest extent. We inquire who the people of New Jersey have elected as their Representatives, and, in so doing, we regard that State in her highest sovereign capacity. He should like to know from his learned friend from Pennsylvania, or from any member of that body, learned or unlearned, where it is he finds any authority for the assumption that the House of Representatives could not go behind the commissions of the Governor of New Jersey, with the great seal of the State, in deciding upon the elections, returns and qualifications of its members. He denied that there was any authority for it, either in the Const tution or laws, or in precedents found in parliamentary practice. He contended that the word "returns," carried with it every question connected with the returns; and that they had as much right to inquire into the returns of the votes of Millville and South Amboy, which were suppressed by the clerks, as into the commissions of the Governor of New Jersey. It gentlemen doubted this, he would cite for them abundant authority. Mr. D. here referred to the case of Spalding and Mead, a contested case of election returns decided some years ago in the House of Representatives. In this case, under the laws of the State of Georgia, the votes were required to be returned within a limited time; but the votes of three counties not having been returned within that time, the Governor felt himself constrained not to count them, and to give the commission to Mead. The seat was contested, and it was decided here that the House was not restricted by the proclamation of the Governor, as is now contended, but that the "returns" comprehended all the votes given in that Congressional distrite, whether counted by the Governor or not. There were two points decided in that case, the primary returns and the ultimate returns; and therefore, the laws of New Jersey requiring the returns to be made by the county clerks to the Governor, who is to sum them all up, and to give the commissions in conformity with them, the House must inquire into all the facts of these elections, going back to the primary returns, to act in conformity with this precedent. The House decided against Mr. Spalding, and that the votes which were kept back, whether they were the result of fraud or otherwise, were still to be counted. Mr. D. would not here enter into any examination of the conduct of Governor Penuington. He would not pretend to say that Governor Pennington had done wrong. He would be willing to admit, and he would ground his argument on the position that the Governor could not have acted otherwise than he didthat he was obliged to give his commissions, with out counting the Millville and South Amboy votes; but he would ask, could this House refuse to count them? There were at least forty cases in which it was decided that all the returns should be looked into, and upon the ground that this House was not violating the laws of the States, but cairy

ing them out. It was perfectly competent for the House, looking into the returns, to examine them all-to compare them together, and decide whether these certificates of the Governor, with the broad seal, might not be impeac' ed either for want of form or want of verity; and, if they were n tia accordance with the laws of New Jersey, and not in accordance with the facts as regards summing up all the votes taken at the elec tion, they were void, and might be set aside. He would be glad to know where gentlemen found the authority for the assumption that these commissions of the Governor of New Jersey

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