The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1839-01-01


Mr. ingersoll, returned from the Hall, forgetting
or neglectng to make their returns to the prop.
er officer. The Wing judges waited in vain
tor their colleagues, and AT length co npled with
the act OF Assembly by returning, upon the votes
OF the several districts then before them, the
names OF the persons who, according 10 those
votes, appeared TO be elected as county dele
gates to the Legislature of the State. These. were
| wings, aud these returns We're made in due sea-
son 10 the Sherih,and bylhim forwarded in proper
time and manner TO the Secretary OF The Com
mon wealth.-The other party of judges on the
next day, finding that they had overreached
themselves 10y their subserviency to Mr. niger
soil, got together some returns, which they caus'
ell to 5e forwarded, but not according to the act
of Assembly. BY their returns or rather their
calculations, for they made no legal returns, the
Van Buren, county delegation was declared TO
be elected Now the Secretary of the Commons
wealth received the returns of the minority
Judges through the legal channel, and was bonnd
10 hand these returns to the Legisature-lie
has done Mai and the Wing delegates from the
county Of Philadelphia are legally and conslu-
ionay members OF the Senate and House Of
Representatives, until those bodies lin their
constitutional character MS judges Of the quail.
ifcation of their ucmhers) shall decide other
wise.
/ The Van Burer Senators returned,fro Hunt
ingdon never received majority Of vote in that
county. nor is it supposed by any one that they
did. The Van Buren, Senator returned from
Chester county, Mr. Bell, never received lnnjor-
| ity of votes in his district, nor is it believed
by any one that he did, but because he is return.
cd in the manner prescribed 10y law, he holds
| for the present, his seat. The Secretary of the
| Common wealth had no authority to look behind
these returns and declare them illegal and ano,I
or person elected-that would be to assume the
authority which the constitution expressly gives
| to the Senate itself.
|. When, therefore, the Senate and House of
Representatives shall have been organized, they
will he in situation TO entertain protests against
the returns, aud if they find these returns incor.
rect, to vacate The seats, now legally held by the
Wing members from the county, and the
Van Buren, Senators from Huntingdon aud Ches.
The question: therefore, now agatcd nj Har-
rsburg has nothing to do with the right of
members to their seats; but mob has been as
sembled to dictate to the legislature who shall
not take their places, and to deny to the two
houses the right of deciding by their own votes
upon the qualification Of their members-and the
MOB has thus far succeeded in its purpose.
LATER. The Wings have offered the follow,
ing terms of compromise:
To Wm Hopkins Esq. and other members elect
of the House Of Representatives. Of PennSs troma.
HARRIsBuRG, Dee. Goth; 1888
GENTLEMEN-We present the enclosed for
your considerations, and request an answer at rs
early period as you may deem expedient
Respectfully yours,
THOS. S. SMITH,
SAML. A. PURVIANCE,
b. M. HINCHMAN,
Committee in behalfofthe members who cleo
ted Thos. S. Cunningham their Speaker.
With view to the adjustment Of the Difficult.
ties existing between the members ect of
the House of Representatives thar portion of
them who have organized by the election of
Thos. S. Cunningham Esq. as Speaker, propose
to the other portion, who have chosen William
Hopkins, Esq us Speaker, as follows, viz:
LIST. That Messrs Cunning ham and Hopkins, |
&, an hour to be mutually agreed upon for the
meeting Of all the members elect in the Hall of
the House of Representatives, shall respec- |
lively, as Speakers, resign, and the members,
whose seats are undissued, shall forthwith pro-
coed to the election ofg Speaker, and other Of
ficers, pro tenn.
81. That special law shall be forthwith pass !
ed, to provide for conteslng the rights to seats
of the persons claiming to be representatives.
the committees in such cases, TO be raised in the
manner prescribed by the existing laws.-Nei-
Their set from the county of Philadelphia, shall |
be perm tied to vote on any question, until The |
right of the contested seats shall have been de-
termined; but in all other respects, each shall he
entitled 10 all the privileges OF members of the |
House.-Or, as an alternative, both sets from
the county to resign and Il writ for new cleo |
ton to he forthwith issued.
Sd. That until the committee TO he appointed |
to investigate the right TO SAID contested seats, |
shall have reported: or, until n new election shall
be had, and the returns thereof received, us the
case may be, no bin Of a party nature shall he
passed nor shall State Treasurer, orr United
States Senator he elected.
4th. In the case of resignation Of the respec- |
tive parties claiming to he representatives from
the county of Philadelphin, both houses, ftle
Senate agree, shalt adjourn on the 9th or 10Th of
January, to allow time for new election in said
county; and Immediately after the committee, as
before provided for, shall report, or the returns
of said election shall he received, as the case may
be, new election for Speaker and other officers
of the House, shall he had, to for the re-
mainder of the Sesson-unt which election
none of the standing committees shall. be appon
ted.
THOMAS S. SMITH,
SAMUEL A. PURVIANCE,
b. NJ I1INCHMAN,