Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-12-11

exccp the members the city of Philadelphia 'heir
certificates only as ye, having been read ne ''oseu
unon The paper presented by the gentleman from the
county of Philadelphia having no sort nt "rce an6
effect therefore protested against lis being received
return. " ,
duty Of the Secretary Of the Commonwealth TO Judge
which of these correct? Two returns had
been deposited in his otf;ce-one signed by ten judges
and the other by ma orlly Of only seven The iarrhy
the most upiu9,fabe usurpn,on had been selected ana
sent to the House He would ask whether that nhcrf
say that RETURN signed by seven judges was legal
aud The other not legal? He wished il I" be distinctly
understood, not only by The members elected to MI places
here but by every individual who had an interest IN The
welfare and prosperity Of This great Commonwealth
that attempt here made, By the Secretary Of The
Commonwealth 10 take away The ight &" lie people 10
vote, and send their representatives, here 10 participate
in the business of legislation He (\lr. AcElwee) had
not supposed that gentleman, Tor whom, person
ally he had the highest regard (aIludiEs to Mr. smith
Of The city, would have enteayofed 10 sustain The &C.
cre:u.y matter OF this kind. lie had not expected
but that the Secretary OF The Common"ealth woh'u
make every effort sustain his i'll gotten aud I'll used
power but he had expected better things from The gen.
cnnn from the city of Philadelphia, thr SMITH ana
he sorry that that gentleman had seen Ill 10 tiro"
himself into the breach sustain the Secretary III so
foul deed the returning If the returns made by the
majority of The return judges Of the county I" rhadei
phia in conformity 10 law, sending 10 us Inc returns
signed only by Of these Judges This he locked
upou as IN ac, which should not meet the counenancc
ola single gentleman here
Why, Sir, should the Secretary OF the Commonwealth,
who HIMSELF only holds hs power day by day al the will
Of the Governor who appoints him, and who can De re
moved a! any moment. set himself ul in opposition 20
The will Of The people Of the county Of Philadelphia, who
have held their elections and elected their members to
this House in conformity 10 the laws o the Common
wealth.
Should lie send us here as the Official return, paper
only signed By Of the return judges out OF seven
leen and without the returns signed by the majority:
Could such an outrage be tolerated for n moment
without destroying our form Of government
IL Looked upon this extraordinary assumption
nf power and astonshcd to the gentleman from
the city attempt 10 justify 1t.
MIR. Hopkins hoped that both the returns would be
read
Mr. Skunk the clerk then put the question, which was
agreed TO- and read both returns together with the re-
turns from the other counties OF the Commonwealth
M. Stevens then and stated that lie was aboutto
make motion which lie expected would be acted up
by those only who believed that the proper Mode
uf organizing ,as house, iEa pointed out by lie
gentleman from the city of Philadelphia, Nr. Smith
While up, he would say very ew words IN explanation
u! The course intended 10 be pursued by himself aud
those who acted with hin. and ne would take the occa
zion say, that he hoped The whole proceeding would
he conducted with perfect propey and in perfect good
temper His opinion was that we must take the evl
d.nc. which have obtained from the Secretary 5 OF
flee the only evidence of the election of members
from the county eff Philadelphia, in the first instance,
and if there other members here claiming seats, no
decision could he made IN relation 10 their case until
tn" House organized
IT, however there was difference Of opinion in rela
ton TO this matter there legal and constitutional
mode of adjusting and settling The question: and he
trusted our whole proceedings would be conducted
peaceably and would be marked by that courtesy which
due from one gentleman 10 another. lie trusted
that the dignity of the Common wealth and the suPre.
macy of lie laws wouId not be violated in the persons
of The representatives OF The people lie proposed before
lie sat down to tina, proceed 10 organize the
House by the election Of Speaker, and when rlIers
appointed or that purpose he expected they would
read but the of those members who lad been re.
turned from tie office Of the Secretary Of the Common
wealth When this done those gentlemen, II there
any, who die not think these returns the proper
returns, might decline voting.
II this was done, and it should happen that two
Speakers elected lie trusted there would be that
courtesy exhibited which would find room Tor both gen
tlcmen on The platform, and VIXEN they there, he
hoped that they would consider themselves ptrd
fer fight. lie trusted further that such course might
he taken necessary to preserve order IN the
House that il may be sent out TO the world however
much may differ in relation 10 Legal rights, we a'l
ngrec to the mode Of asserting aud maintaining those
rights and preserving perfect peace.
Mr.. S now moved that the House proceed 10 the
election Of Speaker; aid HAT Messrs. Watts and Zei'
aer lie aproinled tcers, which motion declared to
he agreed 10 by Mr.. Serens, without permitting an ex.
preston from The noes, and these Two gentlemen i'm
h"t,l, ,v'h Il stand at tie Spruhr,' . table.
AIR Hopkins said, as there appeared 10 be two re-
turns sent in from the county Of Philadelphia in order
tina, the members might understandngly, he moved
tie members from the county Of philadelphia, who had
ority OF the votes, and certified members
of the House by majority Of the return judges.
MIR T. S. Smith hoped that those who agreed with him
in relation 10 this matter, would not vote this cues
ton, he appehended there body 10 any
such questions as this.
The motion Of Hopkins then agreed 10, and the
names of the Democratic members inserted on the
roll
Mr. Hill moved that the Clerk of the House call
the roll according to the custom heretofore observed
which motion agreed TO- and The clerk proceeded 10
call the roll the ellers at the Speaker desk
ing at the same time call over the names Of The
bers for the purpose Of cIrctng Speaker. In
quence of this the reporter found very difficult mat,
ter note with any degree of accuracy, The proceed.
ings of both divisions OF The body.
Before The clerk had concluded calling the roll,
the ,eIers the Speakers table announced that Thomas
S Cunningham had received iily.two votes, and was
therefore duly elected.
Mr. Cunningham then took the chair. and called upon
MIR. II. L. Smith administer he oath o! Office, after
which lie proceeded to administer the oath to the fifty
two members who had elected him, The remainder of the
House keeping their seats and the clerk still calling the
roll ut the conclusion Of which call he announced that
fifty six members had answered 10 their names.
Mr. Nj EIwee then moved that the House proceed 10
the election Of Speaker, and that the clerks ocate as
feers which motion was agreed TO- and the clerk alter
having called the names, announced that W lillian
Hopkins having received tysix votes duly elected
| Speaker.
| MIR. MElwce conducted Mr. Hopkins to the Chair,
when Mr. Cunningham rose and gave nm MS seat.
Mr. Hopkns then remarked, that Under the eXtraor.
binary excitement that agta,ed the dense crowd which
filled the hail. and the peculiar efforts at organization,
by which he regretted to observe portion of the assem-
bage attempting 10 prevent the regular and Gus
tor,ary proceedings Of the members he begged to be
| excused from saying more a. the present time, than
merely returning the House his thanks for The distn
gushcd honor conferred upon him by eecng him the
presiding officer Of the House OF Representatives. OF rem
| sylvania.
| Mr. H. then called upon Mr.. Smith, Of franklin, 10
administer TO him the oaths Of office, after which, The
fftys:x Democratic members took and subscribed the
usual oath.
I FIN the mean time the other division Of the House
adonled The rules Of the last House for their