Abridgment of the Debates of Congress, from 1789 to 1856.

388 ABRIDGMENT OF THE H. OF R.] Kentucky Contested Election. [DECEMBER, 1833 Mr. MARSHEALL inquired whether those words ment of a Chairman, to give order to the propreceded the signatures? ceedings. The Clerk replied in the affirmative. A member inquired whether a quorum of the Mr. MOORE inquired whether these words House had answered to their names? were not in a different hand-writing from the Mr. FOSTER further urged the expediency of body of the certificate? choosing a Chairman. The House was compeThis also was answered by the Clerk in the tent to do this, whether a quorum had answeraffirmative. ed or not; just as a number of gentlemen, met Mr. ALLAN inquired (turning to Mr. MOORE) for any other business, were accustomed to do. whether it was intended to contend that that Mr. ELLSWORTH thought it would be better to part of the paper was a forgery? let the Clerk proceed as usual. Till the roll was Mr. MOORE explained; but all the reporter gone through with, they could not tell who was could catch, was, that Mr. M. had been told entitled to vote for a Chairman. that the words had been inserted at the in- Mr. FOSTER said the Clerk did not act as stance of one of the sheriffs, after the signing; Chairman; he only read a list he had made but he disclaimed any intention to impute forg- out, on what ground, or by what authority, Mr. ery. F. did not know; surely his placing the name Mr. ALLAN proceeded. He now understood of a particular person on that list did not make that the paper which had been read, was the him a member of the House of Representatives. document by virtue of which the gentleman Mr. SPEIGHT thought it would be much better who had just taken his seat, claimed to be duly to postpone this matter until the roll had been elected to the present Congress; and he ad- gone through, the members qualified, and the mitted that if that paper, according to the laws Speaker chosen. A debate previous to that of Kentucky, had been certified and signed by would only produce confusion. the persons required to certify and sign it, then, Mr. ALLAN, replied, that if it were the cusby the usages of that House, the gentleman was tom of the House to qualify the members before entitled, for the present, to be recognized as the the Speaker was elected, and the gentlemen from sitting member. But if the paper was not, in Kentucky would acquiesce, he should be more point of fact, a certificate of the electoral vote willing to comply with this suggestion; but the of the fifth congressional district of Kentucky, usual course had been to elect a Speaker first, and was not signed by those persons required and qualify the members afterwards. It was by law to sign it, then it was a nullity; and known to every man, of the least observation it turned out that the individual was claiming or experience, that the election of the Speaker a seat on that floor without any certificate of gave a character to the House and a tone to all his election. The delegation from Kentucky its proceedings; and he asked whether his State had compared this paper with the laws of that was not entitled to have her full and just repreState, and had come to the conclusion that the sentation upon that floor, when an act so imcertificate was null and void: and he would portant was about to be done? Surely she had briefly submit to the House the reasons of such a right to demand the decision of a question of conclusion. such consequence, a question which went diThe paper professed to certify the vote of a rectly to that vital interest of freemen, the right district composed of five counties. By the of suffrage. He admitted that the question was State law, it was the duty of the sheriffs of of a novel and somewhat embarrassing charthese five counties to meet together on a cer- acter, and required to be treated with considertain day after the polls were closed, to compare ation; but there was abundant time for its exthe votes given in their several counties, add amination. How could the time of the House them up, and give a certificate of the result, be occupied more profitably than in putting a signed by all of them. The object of the law question of this magnitude to rest? There was certainly was to ascertain who had a majority no necessity to hurry a decision. Believing it of all the votes given in; and to furnish such to be conceded that he had a right to the individual with a legal certificate of his elec- floor, he should now proceed, respectfully and tion. very briefly, to state the two fatal objections Mr. A. said that he understood himself to which existed to the legality of the paper which possess the right of rising, and presenting the had been read at the Clerk's table. They were question in this case to the House. This was a on the face of the paper itself. He should not House. Under the view of the constitution, it go behind it. was competent to perform any act pertaining Here Mr. BoON requested Mr. ALLAN to yield to the House of Representatives, and its first the floor to him for a moment; but Mr. A. reluty was to ascertain who were its own mem- fused, and was about proceeding to explain his bers. This was a representative Government objections to the sheriff's certificate, when -and the first question which demanded atten- (having been spoken to aside by Mr. CHILTON) tion was, whether individuals, claiming to be he said that he understood a proposition would representatives of the people, were actually be made by one of the gentlemen claiming the their representatives. seat, and with a view to afford an opportunity for Mr. FOSTER having, by permission of Mr. such a movement, he would readily take his seat. ALLAN, taken the floor, proposed the appoint- Mr. LETOHER proposed to Mr. MOORE, that

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Title: Abridgment of the Debates of Congress, from 1789 to 1856.
Author: United States. Congress.
Canvas: Page 388
Publication: New York, [etc.]: D. Appleton and company [etc.]; 1857-61.
Subject terms: United States -- Politics and government

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Abridgment of the Debates of Congress, from 1789 to 1856.

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