Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-05

left 40 alternative but to my rgh,s and those Of the
people when claim to represent here.
Ever inclined topursue that which will preserve
order anu deeoru In this Hail. and being disposed
reiard the organization Of the House, shall
submit TO any decision the gentlemen present shall make;
but is my duty do II with proper OF nv
rights. and the rights OF those Who sen, me here
II therefore respectfully deny the right OF any one
tAs time TO vote ON the subject. aud i om prohibited
from qualify ing shsl protest against an arbitrary ex.
eIUn u power, Which will form dangerous prece-
dent and not only deprive me OF just rights but the
people oil the oh Congressional district 81 their Represen
tative.
The reading of the papers then proceeded the cleo.
ton returned from the Dis,,i,, OF Kentucky read
at the close oil which the words .sthe Lincoln
county not being taken into the account, occurring,
Mr. MARSHALL inquired whether those words preceded
the signatures!
The Clerk, the reporter understood him, replied in
the affirmative.
MIR. Moore then inquired whether those words were
not IN d'iieren hand rtng from the body OF the CERT
ica'e.
This also was answered by the Clerk in the affirmative
Mi. A"en inquired Cunning to Mr. Aloore.) whe Their il
Intended 10 contend that that part of the paper
forgery:
MIR Moore explained; bu, all the reporter could catch
was, tina, Mr. Nj had been told that the had been ia
serted the instance Of of Sheriff. after the signing
bu!he dselaimed any intention TO imPute forgery.
MIR. Allan then proceeded. lie now understood that
the paper which had been read, the doc by v
tue OF which the gentleman who had just taken his
claimed be duly elected 10 the present Congress- and
he admitted that If that paper, according the laws Of
Kentucky had been certified and signed by the prrsons
required to certify and sign it, ,hen by the usages Of that
House, the gentleman entitled Tor the present be
recognised the sitting member. But If the paper
not in point Of fact certificate Of the electoral
the 9th Congressional District Of Kentucky was not
signed by those persons required by law sign then il
was nuly; and il turned out that the individual was
claiming scat on that floor, without any certificate Of his
election The delegation from Kentucky had compared
this paper with the aws OF that State, and had come
the conclusion that the certificate null aud vo and
he would briefly submit to the house the such
conclusion.
The paper protested to certify the District
composed oil hive counties by the State law, il was the
duty Of the Sheris Of these five counties TO meet toge
ter on certain day after the polls closed com
up-and give certificate Of the result, signed bv all of
them The OBJECT Of the law certainly TO ascertain
who had majority Of all the votes given; and furnish
MR. A here quoted the law.
MIR. wayne here made some enquiry of Mr.. Alan but
his back being turned TO the reporters not one word of
what he said could be distinctly heard.
Mr. Allan in reply, said that he understood himself 10
possess The right OF rising and presenting the question in
this case TO the House. This House. Under the
view OF the Constitution. il competent to perform any
act pertaining 10 the House Of Representatives and its first
duty was TO ascertain who is me mbers. his
was representative Govsrnmen-and the first question
which demanded attention WAS whether individuals claim.
ing to be representatives Of the People. actually
their representatives.
Mr. Foster Of Georgia. having by permission of Mr.
Allan taken the floor, proposed the appointment Chair
man 10 give order TO the proceedings.
member enquired whether quorum Of the House
had answered to .heir names!
Mr. Foster further urged the expedency Of choosing
Chairinsn The House was competent to do this whe-
Their quorum had answered no; just as number OF
gentlemen, met for any other business,
to do.
Mr. Ellsworth thought II wsud be better to let the
Clerk proceed usual Till the roll was gone through
Chairman.
Mr. Foster said tho Clerk did no, act as Chairman; he
only read list he had made out, what ground by
what authority Mr. f. did not know; surely his placing
the name Of particular person that list did not make
him member of the House of Representatives
MIR. Speigh thought il would be much better TO post
pone this matter until the roll had been gone the
members quahhed, and the Speaker chosen A debate
previous TO that, would only produce confusion.
Mr. Allan replied, that il il were the custom of the
House to qualify the members before the Speaker was
elected, and the gentlemen from Kentucky would acqui
esce he should be willing comply with this sug-
gestion; but the usual had been elect
first, and qualify the members afterwards II was known
every the least or experience thai
the election of the Speaker gave character 10 the House
and tone 10 all its proceedings; and he asked his
aton upon That floor, when act important
to be done! Surely she had right demand the lie cision
Of question OF such consequence, question which went
directly TO that vital interest of feemen, the right
rage He admitted that the question was OF novel and
somewhat embarrassing character and required
examination How could the time Of the House BIO oc-
cuped more proftaby than in putting question Of this
magnitude 10 rest! There necessity hurry de.
cision Believing II 10 be conceded that he had right TO
The ioo he should now proceed respectfully and very
briefly TO- state the two fatal objections which existed 10
the legality of the paper which had been read at the
Clerks table, They on the face of the paper itself
He should not go behind it.
Here Mr. Boon requested Mr.. Allan to yield the floor
W moment, Mr. a refused, and about
proceeding to explain his objections to the Shes
cate when thavng been spoken aside by Mr. Chiffon
he said that he understood proposition would be made by
one oil the gentlemen claiming the seat and with a view
to afford an opportunity for such movement, he would
readily take his seat.
Mr. Letcher Of KY, then proposed TO Mr. Moore that
they should both Withdraw until after the election fol-
Speaker had taken place.
Mr. Moore was understood acquiescing in this propo-
sa'; whereupon,
The Clerk proceeded to call the residue of the ROLL when
1t appeared that 229 members were present.
Those Representatives absent were, Messrs. Burns
Choate Pearce Muhlenburgb, Wise, Singleton, Bullard
T. White, and Plummer; and Of Delegates, Mr.. White.
he House then proceeded the election
OIL the House The ballots having been cast, Mr. Jarvis
Mr Pstts, and MIR. c. c. Clay appoin' ed Telers ;
and having counted the votes reported the House that
the win 10 number of ballots 2lS of which no were
necessary 10 choice; that there were
For Andrew stevenson, I42 votes
Lewis Williams, 80 votes
Edward Everett, Is VOTES
John Bell, 4 votes
O'ber scattered votes, 9
Blank ballots, 8
and that Andrew Stevenson, of Virginia having received
amsjoiiiy oil all the votes given in, duly elected
Speaker OF tie House.
Whereupon, Mr.. Stevenson conducted TO the chair
by Mr. Williams, oil North Carolina, from which he re-
turned thanks ia animated address, which followed
by audible expressions Of appreciation from the House
The Speaker then took the required oath support the
Constitution of the United States which admins
by Mr. williams; after wbic, the oath was admins
tered by the Speaker to the Members respectively ca.
he and Mr. Lecer had concurred in allowing the orcan
cation OF the House TO be completed the question
between them again raised; and neither OF was