Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-05
Moore. N.ud.n. poaae.,er. rrsn,i,, si.hee. Smith.

Mir. Robbins then took the oath
Mr.. Benton, OF Missouri, submitted ,esout;on propo
sing the usual ming ia honor the IN, nory OF Hon
H. A. Buckner. late aSena'or from Missouri, which was
read and agreed 10.
VIII ch compelled postpone until our n. xt AMI
in which he exhibited s.rog feeling, oilc ed similar
resolution oil respect 10 the memory l, Tie late Josiah
| Johnston.
On motion of Mr. King,
Resoir.d That message be sent to the House Of Re
piesenaives to inform that body hat quorum Of the
Senate had assembled sni that the, ,eady to proce
10 business.
On motion of Mr.. G,uDdy,
ResOiced, That COMMITTEE be appointed by the S.na'e,
to join such Committee as may be appoini by the House
Of Representa- ives, IN wait on the ne ien vi the United
States aud inoim lin that Congress has as.eubej ami
aeready TO receive any communication he may be pleased
TO make.
On motion Of AIR. Knight. the usual resolution o,der-
ing the Senators To lie furnished vh the customary sun
ply of newspapers " as adopted.
Ga motion oil MIR Grundy,
The Senate adjourned un 20 morrow at I2 o'clock.
HOUSE OF REPRESENTATIVES,.
AT IL o'clock the House order the invitation
OF their .ie Clerk NJ ST. Clair Clarke, Esq who then
proceeded 10 call the roll OF members by States; begin
ling with the State oil Maine.
The calling of the roll having proceeded far to
The State Of Kentucky, before the oil the members
from that State called
Mr. Chiffon Allen Of Kentucky. rose, aud asked per-
mission TO address the House. lie observed that by the
law passed the last Congress apporionng the number
Of Representatives among the States the State OF
Kentucky had beeu declared entitled to thirteen repre-
sentavcs IN the present Congress; but that casting his
os'enb'y claiming TO be representatives, OF the State aud
members Of this House. The State he said was divided
by law into thirteen Districts from each of which one
member was directed 10 be chosen represent inter-
csts in this body From OF these districts the Fifth
consisting of the Counties Of Mercer, Garrad. Lincoln
JessarDine and Anderson, there gentlemen pre.
sent, both claiming right appear this floor From
the circumstances OF the case. obvious that the
question OF their right must be decided in the pre
sent stage fths proceedings The question arising from
these conflicting claims deeply interesting, not
only TO their own immediate districts, but the State at
l.,,ra H..
met together and had deemed their duty TO take the no.
vel case presented under their serious
They had accordingly examined the electoral law Of Ken
lucky and the returns from the district in question: aud
had concluded, (very contrary TO his wshes APP
point him as their organ 10 raise the question, involved
by the circumstances these claims before that body
lie rose as must be obvious, under Pc
culary embarrassing. to address, this early moment
new Congress, with majority OF whose members he
upon him, and although, ii left TO consult, his own feelings
he should much rather have occupied his seat and
Silent vote he did not feel at liberty TO decline its per-
formance. The dly was the painful, because the
question TO be raised related 10 two individuals with both
OF whom he was personally acquainted and in habits OF
the most friendly intercourse. He could assure both the
gentlemen, however that he should endeavor to perform
the unwecome task assigned him, 10 tho most
respectful TO their feelings.
In order enable the House TO decide the controversy
between these claimants he would ask the Clerk
he had in his possession any certificates other vouchers
IN relation TO the late election in the district from which
| both the gentlemen came? And if he had he would
call upon the Clerk to read them.
The Clerk replied that there in his possession di-
papers that subject, and if were the desire OF
| the gentleman, they would be produced.
[Cres OF "Read! read" resounded from all parts of
The papers were accordingly produced: but. b.fore
reading hem the Clerk stated that they would have been
in his possession at earlier period, but owing their
Representatives., they had been placed the box at the
Post Oflce usually appropriated 10 the Speaker Of the
House here they had remained uadl late the night be-
lore, when, there being Speaker yea, he had taken
the liberty oil opening the package, which pos,narked
Lexngton. and whic. he concluded must probably re-
fer to this matter.
The Clerk about 10 read the papers-when
Mr. Wayne of Georgia, rose, and, after promising his
wish that should be clearly understood, that he took
part in the conrovered claim either side of
the Clerk whose appeared the which had been
made out by him, elected from district in question:
Thomas p. Moore.
Mr. Wayne then resumed, and expressed his wish that
the individual whose name had been inserted the roll
should produce and exhibit bis credentials that the House
might be ia circumstances o! judging the validity of
his claim From the earliest period Of our
history this had the usage and no new member was
until his crede nas had first been produced and ex
ahmed or late different had been pursued pro-
baby TO avoid delay but in the present instance there
was an obvious propTety that the original usage should
in this case, be revived Mr.. w. said, that with one
oil the claimants he had personal with
the other he had, and cherished much regard for him,
and he did not wish that his rights should be compro
United on this occasion. He ie his present course
to be solemn duy-it sprang from his heart he was
impera'ively bound TO stop, il possible, of pro-
ceedings by which the right OF any member claiming a
that floor might be contested in the most rresu-
lar manner. AS yet, he believed majority the names
the roll had not been called, and until that had been
donc and gentlemen had answered, although he saw
them the floor and in those seats he could not recog
nize them as members OF the House of Representatives.
nor indeed could he do after they had cred until
they had into Office prescribed by the Cons.
tuition He submitted it TO the judgment OF gentlemen
present, whether the old mode OF calling for the creden
as of claiming members not the fit mode of settling
this affair
Mr.. Allan enquired whether he to understand the
In Of
paper in the hands of the Clerk?
Mr. Wayne answered in the negative; but said that he
wished the credentials Of the gentleman entered on the
| roll should first be produced.
Mr. Allan REPLIED that the paper about TO be read was
precisely the document which the gentleman ire Geor
gia wanted TO be read.
The Clerk then proceeded TO read FIRST the envelope
which contained the election returns OF IL out of the liz
Tor what reason, he was ignorant) The return from the
9th district lhe district in question: was included
and he would now proceed to real it,
Mr. Wayne enquired whe tber ii had been presented by
the gentleman whose 1sine was the roll his creaen
tias?
The Clerk replied that lie had received no paper of apy
kind from Mr.. Moore.
The Clerk then read the certificate OF the Governor of
kentucky, accompanying the returns.
Mr. Allan called for the reading ef the certificate from
the shetids Of the 9th Compression District.
Mr. Wayne objected to its being read.
Mr. Allan then inquired whether the gentleman from
Georgia meant 60 be unde rstood maintaining the posi-
lion, that because any individual had been enrolled by
the Clerk as member OF the present Congress, that nd
vidus was, on That account, entitled 10 be in as
sitting member!
Mr. Wayne said that the person claiming 10 be substi-
uted for the individual upon The roll, ought produce his
credentials and say whether those were the papers ON
yli he nto,, iad 10 oct,